Welcome! Please read these terms and conditions of use ("Terms") carefully before using this website. Accessing, browsing or using this website is a privilege and is subject to the following Terms and indicates your agreement and acceptance of these Terms. By using the ProBannerStand.com website you are agreeing to be bound by these Terms. If you do not accept these Terms, please do not use this website.
ProBannerStand.com reserves the right to modify the Terms at any time with or without notice to you. The most current version of the Terms may be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of these web pages. Such changes are effective immediately upon posting on this website and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. ProBannerStand.com reserves the right to revoke any or all access and use authorizations granted to you in regards to this website.
License to use website
Unless otherwise stated, ProBannerStand.com and/or its licensors own the intellectual property rights in the website and materials on the website. Subject to the license below, all these intellectual property rights are reserved.
You must not:
Customer Provided Content
For certain products and service offerings you may elect to electronically upload or submit data, photographs, graphics, text, messages or other materials (collectively, "Customer Content") to ProBannerStand.com for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to ProBannerStand.com you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold ProBannerStand.com and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by ProBannerStand.com in defending against such suit, demand or claim.
ProBannerStand.com does not maintain Customer Content indefinitely. Customer Content uploaded to the ProBannerStand.com Website with an associated order will be kept on file for a period of up to twelve (12) days. At the end of that time it may be deleted and irretrievable. Please note that Customer Content uploaded to ProBannerStand.com cannot be used to re-order an additional print job; it is only maintained for reprint purposes.
You agree that you will not send, upload, post or otherwise transmit to ProBannerStand.com any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person's privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of ProBannerStand.com and/or or any servers or networks connected to or used in connection with the delivery of such service and production.
You acknowledge that ProBannerStand.com does not pre-screen Customer Content, but that ProBannerStand.com reserves the right to do so at any time and that ProBannerStand.com and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a print job or order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that ProBannerStand.com may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Site Terms; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ProBannerStand.com, its employees, users and the public in general.
Regardless of the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, ProBannerStand.com, retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of ProBannerStand.com.
Production Time
All orders submitted before 11am Pacific Standard Time (PST) Monday through Friday will be completed and shipped the next business day at no extra charge. ProBannerStand.com is closed on all national holidays.
Use of ProBannerStand.com Design Tools
The ProBannerStand.com design tool available on this website is made available to all users of the website. In the event you create a design, such as a sign or logo, you do not obtain any right or claim to any of the individual design elements made available through this Website that enabled the creation of the design, and these design elements are and will continue to be the property of ProBannerStand.com (or the licensor if applicable) and will remain freely available to other ProBannerStand.com customers. Your use of the Site Content provided on this Website and/or the creation of products or materials using such Site Content does not create joint authorship, joint ownership, works made for hire, or any other interest of any kind, with ProBannerStand.com in or regarding such Site Content. It is solely your responsibility to determine whether any design you may create using the design tools made available to you by ProBannerStand.com, infringes, or may be subject to a claim of infringement upon the trademark, copyright, or other rights of a third party. You should consult with an attorney as to whether a design you create may infringe upon the rights of another party.
Color Quality
ProBannerStand.com guarantees that its prints will meet CMYK industry standards. We cannot guarantee "match-print" color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer's computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears your monitor.
Order Approval/ Proofing
ProBannerStand.com has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a ProBannerStand.com customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that ProBannerStand.com will review any other order you place. Orders are printed in their "as submitted" form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. ProBannerStand.com DOES NOT make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. ProBannerStand.com will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
ProBannerStand.com does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).
If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.
Order Cancellation
A print order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production a ProBannerStand.com Customer Service representative will inform you of any cancellation charges incurred. (Please allow at least 10 business days for any refunded monies to be credited to your account). A print order cannot be canceled and no refund will be given once it has entered into production or any process thereafter. All cancellations must be completed through this website by accessing your Pending Orders. If you do not see a button for cancellation, the job has gone into production and cannot be canceled.
ELECTRONIC COMMUNICATION
Your use of this website constitutes your consent and agreement that ProBannerStand.com may communicate with you electronically for all purposes. These electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register with ProBannerStand.com. Your may withdraw your consent to receive electronic communication at any time form us, but if you withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production). Your account will be deactivated and you will no longer be eligible to use this Website to order further products or services from ProBannerStand.com. If your account is deactivated, you will remain responsible for payment of print jobs already competed or in production. This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a "writing" or "in writing," and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an "original" when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.
INTELLECTUAL PROPERTY
Copyright Ownership. This Website, the Website layout and design, and all Website page themes are the property of ProBannerStand.com and are protected by U.S. and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the ‘Site Content"), constitutes the copyrighted property of ProBannerStand.com or of those parties from whom ProBannerStand.com has licensed such property, and is protected by United States, international and other laws. ProBannerStand.com reserves all rights in and to this Website and the Site Content worldwide. Your use of this Website and/or any Site Content does not convey to you or any other person an interest of any kind to the Site Content. ProBannerStand.com reserves the right to add to, delete from, or modify any part of the Site Content at any time without prior notice.
Restrictions on Use. Except as expressly stated in the Site Terms, none of the materials and Intellectual Property described herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of ProBannerStand.com, or the respective intellectual property owner. Any use of Site Content -- including any commercial use, reproduction for purposes other than as permitted under these Site Terms, modification, distribution, republication, display, or performance -- without the prior written permission of ProBannerStand.com is strictly prohibited.
Software. Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on or through this Website is licensed to you by ProBannerStand.com on a non-exclusive and limited basis solely for the purpose of creating and ordering print products or services from ProBannerStand.com. ProBannerStand.com does and shall retain full and complete title and all intellectual property rights to such Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such Software.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ProBannerStand.com BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.
GOVERNING LAW
The Site Terms and your use of this Website shall be governed by and construed in accordance with the laws of the State of California, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website.
INDEMNIFICATION
You agree that you shall indemnify and defend and hold ProBannerStand.com and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this ProBannerStand.com, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.
SECURITY AND PRIVACY
To order products from ProBannerStand.com it will be necessary for you to provide certain personal data or other information to this Website via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for ProBannerStand.com to guarantee absolute confidentiality or security. The information ProBannerStand.com collects and how it that information is the subject to ProBannerStand.com Privacy Statement.
TERMINATION
ProBannerStand.com may suspend or terminate your account and or your right to utilize the services made available through this Website in the event that it determines or has reasonable grounds to suspect that you are in violation of the Site Terms.
Notwithstanding any of these Site Terms that may suggest otherwise, ProBannerStand.com reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Site Terms shall still apply.
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