User Agreement
Last Updated: March 20, 2005
Welcome to the User Agreement for any online viewing technology provided on this site by Wester Premier Promotions. This agreement describes the terms on which you may access and use this service. In order to become a user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms, you may not use or access our services.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use any service offered through our site indicates your acceptance of the amended User Agreement.
Description of Service
Any online viewing technology is an online service offered by promotional
product professionals to their customers to visualize and create decorated
or LOGO merchandise more accurately prior to purchase. This software
provides tools for the website Host to communicate and process your orders
more efficiently and accurately by displaying artwork in the designated
location on the merchandise.
Use of
Service
Your use of this online viewing service is governed by this User
Agreement.
Wester
Premier Promotions
may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of any required password or account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Wester Premier Promotions of any unauthorized use of your password or account or any other breach of security. Wester Premier Promotions cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Termination
You agree that
Wester
Premier Promotions
may, with or without cause, immediately terminate your account and access
to part of the WPP site without prior notice. Without limiting the
foregoing, the following will lead to a termination by
Wester
Premier Promotions
of a user’s use of any of the custom logo viewing areas (a) breaches or
violations of this User Agreement or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions), (d) unexpected
technical issues or problems, and (e) extended periods of inactivity.
Termination of the account includes (a) removal of access to all offerings
within logo viewing service, (b) deletion of your password and all related
information, files and content associated with or inside your account (or
any part thereof), and (c) barring further use of the viewing service.
Further, you agree that all terminations shall be made in
Wester
Premier Promotions’s
sole discretion and that
Wester
Premier Promotions
shall not be liable to you or any third-party for any termination of your
account or access to the services offered.
User
Conduct
You understand and agree not to use
Wester
Premier Promotions
to:
- Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- Use any logo viewing areas for any illegal purpose, including but not limited to conspiring to violate laws.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or affiliations with a person or entity, past or present.
- Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Collect or store personal data about other users, including but not limited to information about another user’s work experience, skills, or reputation information.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through any services offered.
- Interfere with or disrupt the servers or networks connected to the WPP site, or disobey any requirements, procedures, policies or regulations of networks connected to the WPP site and service.
International Use
Recognizing the global nature of the Internet, you agree to comply with
all applicable local rules including but not limited to rules regarding
online conduct and acceptable content. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
Information Provided on this Website
In the course of using any custom logo viewing services, users may provide
information about themselves which may be visible to certain other users
(see our Privacy Policy to learn more about information collected on this
website). You understand that by posting materials on the
Wester
Premier Promotions
website or otherwise providing materials to
Wester
Premier Promotions,
you are granting to
Wester
Premier Promotions
a royalty-free, perpetual, irrevocable license to use this information in
the course of offering connects to any logo viewing service. Furthermore,
you understand that
Wester
Premier Promotions
retains the right to reformat, excerpt, or translate any materials
submitted by you. You understand that all information publicly posted or
privately transmitted through the service is the sole responsibility of
the person from which such content originated and that
Wester
Premier Promotions
will not be liable for any errors or omissions in any content. You
understand that
Wester
Premier Promotions
cannot guarantee the accuracy of any merchandise information within the
Wester Premier Promotions
database. Additionally, we cannot guarantee the authenticity of any data
which Vendors may provide about themselves or merchandise they sell within
any connected logo viewing service.
Access to
Service
Use of manual or automated software, devices, or other processes to
“crawl” or “spider” any web pages contained in the
Wester
Premier Promotions
website is strictly prohibited. You agree not to monitor or copy, or allow
others to monitor or copy, our web pages or the content included herein.
You also agree not to “frame” or otherwise simulate the appearance or
function of this website. Furthermore, you agree not to take any action
that interferes with the proper working of or places an unreasonable load
on our infrastructure, including but not limited to unsolicited
communications, attempts to gain unauthorized access, or transmission or
activation of computer viruses.
Communications
In the course of providing you services,
Wester
Premier Promotions
may need to communicate with you via email (see our Privacy Policy to
learn more about communications). You agree to receive emails which are
specific to your account and necessary for the normal functioning of
services provided by WPP.
Monitoring
and Enforcement
While we have the right to monitor activity and content associated with
any logo viewing service, we are not obligated to do so. And since we do
not, and may not have the ability to, control or actively monitor content
we don’t guarantee its accuracy, integrity or quality. Because community
standards vary and individuals sometimes choose not to comply with our
policies and practices, in the process of using our website, you may be
exposed to content that you find offensive or objectionable. You can
contact our Customer Service Department to let us know of content that you
find objectionable. We may investigate the complaints and violations of
our policies that come to our attention and may take any action that we
believe is appropriate, including, but not limited to issuing warnings,
removing the content or terminating accounts and/or subscriptions.
However, because situations and interpretations vary, we also reserve the
right not to take any action. Please remember that you can always choose
to refrain from using any part of any offered logo viewing service that
may expose you to something that you are uncomfortable with. Under no
circumstances will we be liable in any way for any content, including, but
not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of, access to, or
denial of access to any content on the website.
Indemnification
By utilizing the
Wester
Premier Promotions
website you are hereby accepting this User Agreement, you agree to
indemnify and otherwise hold harmless
Wester
Premier Promotions
and Wester Premier Promotions, its officers, employees, agents,
subsidiaries, affiliates and other partners from any direct, indirect,
incidental, special, consequential or exemplary damages resulting from i)
your use of any connected logo viewing site ii) unauthorized access to or
alteration of your communications with or through any logo viewing site,
or iii) any other matter relating to the logo viewing services. Any
business transactions which may arise between users from their use of
Wester Premier Promotions
are the sole responsibility of the users involved.
You understand and agree that Wester Premier Promotions may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Wester Premier Promotions, its users, and the public.
Disclaimer
of Warranties
YOU UNDERSTAND AND AGREE THAT ANY LOGO VIEWING SERVICES ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS AND THAT
Wester
Premier Promotions
DOES NOT
ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF
ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUMES NO
RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN
USERS.
Wester
Premier Promotions
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Wester Premier Promotions MAKES NO WARRANTY THAT (i) ANY LOGO VIEWING SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE LOGO VIEWING SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY LOGO VIEWING SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LOGO VIEWING SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOGO VIEWING SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Wester Premier Promotions OR THROUGH OR FROM THE LOGO VIEWING SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire
Agreement
The User Agreement constitutes the entire agreement between you and
Wester
Premier Promotions
and governs your use of the LOGO emPowered Service, superceding any prior
agreements between you and
Wester
Premier Promotions.
Limitation
of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
Wester
Premier Promotions
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF
Wester
Premier Promotions
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL
Wester
Premier Promotions’S
TOTAL
CUMULATIVE DAMAGES EXCEED US$ 100.
Governing
Law
The User Agreement between you and
Wester
Premier Promotions
will be governed by and construed in accordance with the laws of the State
of
WI
without regard to conflict of laws principles.
General
Information
Wester Premier Promotions,
the
Wester
Premier Promotions
logo are trademarks of
Wester
Premier Promotions.
You agree not to display or use these trademarks in any manner without
Wester Premier Promotions’s
and/or Wester Premier Promotions’s prior written permission. The section
titles of this User Agreement are displayed for convenience only and have
no legal effect. Please send any questions or comments, or report
violations of the User Agreement to:
Wester
Premier Promotions
248 Bastogne Ct.
Belgium WI, 53004