Terms & Conditions
Last Updated: July 27, 2023
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOUR USE OF ANY IMPRINT ENGINE WEBSITE, INCLUDING TO PURCHASE GOODS OR SERVICES FROM IMPRINT ENGINE, IS CONDITIONED ON YOU ACCEPTING THESE TERMS AND CONDITIONS.
These Terms and Conditions (“Terms”) form a legal contract between you and Imprint Engine and govern your use of any websites owned or operated by Imprint Engine and its related businesses (all such websites collectively referred to hereafter as the “Site” or “Sites”).
The terms “Imprint Engine,” “we,” “our,” and “us” refer to Imprint Engine, Inc. and its affiliated businesses. All references to “you” and “your” in these Terms mean the person accepting these Terms as an individual or the legal entity for which the representative is acting.
1. Terms of Sale
Imprint Engine sells goods and services in a variety of ways including by special order and through subscription plans. Additional terms may apply. When you purchase certain goods or services or subscribe to a plan, you will be subject to specific terms (“Terms of Sale”). If these Terms and Conditions ever differ from our Terms of Sale, our Terms of Sale will control.
Imprint Engine may periodically update or modify these Terms. The date of the last update to these Terms is provided. It is your responsibility to regularly review these Terms. By continuing to purchase goods or services from Imprint Engine or use the Sites after changes to these Terms, you are indicating that you agree to the modified Terms.
THE SITE IS NOT INTENDED FOR CHILDREN YOUNGER THAN 13 YEARS OLD, AND NO ONE YOUNGER THAN 13 YEARS OLD MAY PROVIDE ANY INFORMATION TO THE SITE.
The contents of the Sites including trademarks, logos, text, graphics, video, moving images, user interfaces, visual interfaces, photographs, sounds, music, artwork and computer code (collectively, “Imprint Engine Content”), as well as the design, structure, selection, coordination, expression, look-and-feel, and arrangement of such Imprint Engine Content contained on the Site is owned, controlled or licensed by Imprint Engine, and is protected by unfair competition and intellectual property laws. You may not use any meta tags or other hidden text utilizing the Imprint Engine name or any of our brand names or trademarks without our express written permission.
Except as expressly provided in these Terms, no part of the Site and no Imprint Engine Content may be copied (including by mirroring, in-line linking, or embedding), reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Imprint Engine’s express prior written consent. You acknowledge that any unauthorized use of any Imprint Engine Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.
You may use information about Imprint Engine products and services that Imprint Engine makes available for download from the Site, provided that you (a) do not remove any proprietary notice language on such documents or information, (b) use such information only for your own non-commercial use or to do business with us, and (c) do not copy or post such information on the internet or any networked computer, or publish in any media.
4. Rules for Your Use of the Sites
The Sites are strictly for you to evaluate and conduct business with us. You may not use any automated tools, programs, algorithms or methods, including those known as scrapers, robots, spiders, or deep-links or any similar or equivalent manual process, to access, copy or monitor any portion of the Site or any Imprint Engine Content, and you may not obtain or attempt to obtain any information through any means not specifically provided by Imprint Engine. Imprint Engine strictly prohibits such activity, and reserves the right to take any lawful action to prevent, disrupt, or stop such activity.
You may not attempt to gain unauthorized access to any part of the Sites, to any other systems or networks connected to the Site, to any Imprint Engine server, or to any of the services offered on or through the Site, by hacking, by password-mining or by any other unauthorized means. You may not attempt to penetrate or otherwise test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
Any permitted links to the Site must comply with all applicable laws, regulations, and Imprint Engine policies. Additionally, you agree that you will not (a) take any action that, in our sole discretion, imposes, or may impose an unreasonably large load on our infrastructure, (b) interfere or attempt to interfere with the operation or function of the Site, or (c) bypass any measures we may use to prevent or restrict access to the Site.
5. User Content & Privacy
You agree you are solely responsible for all activity and purchases. You agree to notify Imprint Engine immediately of any unauthorized use, or suspected unauthorized use, of the Sites or any other breach of security. Imprint Engine reserves the right to terminate your access for any reason, including any violation of these Terms. Imprint Engine is not liable for any loss or damage arising from your failure to comply with these Terms or from any losses resulting from unauthorized access to or use of the Sites. You may be liable to Imprint Engine or third parties for such unauthorized access or use.
Any information you post or otherwise transmit to the Sites, including any comments, feedback, data, photos, videos, questions, or suggestions (collectively “User Content”), are considered non-confidential and non-proprietary. In other words, you waive any and all rights to claim that Imprint Engine’s or any third-party’s use of your User Content violates any of your rights including but not limited to moral rights, privacy, intellectual property, publicity, or any other rights. Imprint Engine does not guarantee that you will have any opportunity to edit or delete your User Content. You acknowledge that you, not Imprint Engine, are solely responsible for the composition of any User Content.
Imprint Engine prohibits, and you agree you will refrain from, posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could incite a criminal act, give rise to civil liability, or otherwise violate any law. Imprint Engine may monitor or review bulletin boards, chatrooms, discussions, postings, or transmissions in its sole discretion. However, Imprint Engine has no obligation to do so and assumes no liability or responsibility arising from any User Content or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any User Content. Imprint Engine may change, edit, or remove User Content at any time, for any reason, including if Imprint Engine finds, in its sole discretion, User Content to be illegal, indecent, obscene, offensive, or in any way a violation of Imprint Engine’s policies. Imprint Engine will cooperate fully with any law enforcement authorities or any court order requesting or directing Imprint Engine to disclose the identity of anyone posting User Content.
Regarding your User Content, you represent and warrant that:
- You are the author;
- You are accurately representing your identity;
- You have all rights, consents, and licenses to grant Imprint Engine the rights to your User Content as described in these Terms;
- You have reached the legal age of majority, or are at least 13 years old and a parent or legal guardian consents to you submitting and posting your User Content;
- You are a bona fide owner and user of any Imprint Engine product(s) mentioned, and your User Content reflects your honest opinion and experience with the Imprint Engine products(s);
- No promise of payment has been made to you for your User Content, and you have no expectation of any payment in return for your User Content; and
- Your User Content does not contain anything that could be considered obscene, indecent, hate speech, to incite violence, or that is otherwise unlawful.
Imprint Engine does not guarantee the accuracy, completeness, or usefulness of any User Content. Any opinions, advice, statements, services, offers, or other information contained in User Content are those of the author, and not of Imprint Engine. You acknowledge that by providing access to the User Content on the Site, Imprint Engine is acting only as a passive conduit for such User Content and is not undertaking any obligation or liability relating to any User Content or related activities on the Site.
Imprint Engine does not guarantee that other users of the Sites are, or will be, compliant with the foregoing User Content rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
6. Rights You Grant to Imprint Engine
Any User Content you provide remains your property. By providing User Content to Imprint Engine, however, you grant Imprint Engine a worldwide, perpetual, irrevocable, transferable, fully paid-up, royalty-free license, with full rights to sublicense, to use, monitor, copy, modify, translate, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in whole or in part, in all formats and distribution channels now known or hereafter devised without further notice to or consent from you, and without compensation or payment to you or any third-party.
By providing User Content to Imprint Engine, you grant Imprint Engine an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, recordings of your voice, and any illustrations, photos, video clips, portraits, likenesses or pictures of you or any other indicia of your identity as contained in your User Content, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or discovered in the future, and in any manner without further notice to or consent from you, and without compensation or payment to you or any third-party.
By submitting User Content, you agree to release, hold harmless and indemnify Imprint Engine and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such User Content, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and defamation.
You understand that Imprint Engine is relying on your representations, grants of rights, waivers and releases in permitting you to submit User Content and use the Sites. You acknowledge that you may not terminate or rescind the grants of rights and licenses or the releases contained in these Terms.
By purchasing products or services from Imprint Engine, you grant Imprint Engine a license to use any non-confidential information related to the products or services you purchased (for example images of products) free of charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis for marketing purposes, including to publish and display examples of Imprint Engine’s work (for example on Imprint Engine’s website).
7. Third-Party Providers
8. Electronic Communications
9. Data Security
We maintain technical and organizational security measures designed to help protect your personal information from unauthorized access, disclosure, alteration, or destruction. Unfortunately, no data transmission or storage system is 100% secure or error free, and we cannot guarantee the security of the information we collect.
10. Warranty Disclaimer – No Warranty
Content: The Sites and the Imprint Engine Content are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible by law, Imprint Engine disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Imprint Engine does not warrant or make any representations regarding use of content from the Sites in terms of its correctness, accuracy, reliability, or otherwise. The contents of the Sites could include technical inaccuracies or typographical errors, and could be inaccurate or become inaccurate as a result of development subsequent to the posting of the content. Imprint Engine has no obligation to verify or maintain the accuracy of such information.
Functionality: Imprint Engine works to keep the Sites operating, but Imprint Engine is not liable for any defects that may exist in the functionality of the Sites. Imprint Engine expressly disclaims all warranties of any kind related to the functionality of the Sites, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Imprint Engine makes no warranty that the Sites will function to meet your requirements or that your access to the Sites will be uninterrupted, timely, free of defects, or that any defects will be corrected. Imprint Engine makes no warranty that the Sites will be secure, or free of viruses, worms, or other harmful components. You agree that you are solely responsible for any damage or problems caused by, or related to, visiting the Sites, including all service or repair costs for your computer equipment and software. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
11. Limitation of Liability
IN NO EVENT SHALL IMPRINT ENGINE BE LIABLE FOR ANY DIRECT, INDIRECT, WILLFUL, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Imprint Engine HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE OF GOODS OR SERVICES FROM IMPRINT ENGINE, OR THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITES INCLUDING BUT NOT LIMITED TO INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If this limitation of liability is held to be unenforceable, Imprint Engine’s maximum liability to you shall not exceed the amount you paid to Imprint Engine for the products or services giving rise to your claim. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you. These Terms do not require you to waive any rights, where such waiver is prohibited by applicable law.
You agree to defend, indemnify, and hold harmless Imprint Engine, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites, including, but not limited to, your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Sites.
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must immediately stop accessing or using the Sites. You use the Sites at your sole risk. If you are dissatisfied with the Sites, the content, or any of these Terms, your sole and exclusive legal remedy is to discontinue using the Sites. If you breach any provision of these Terms, then you may no longer use the Sites.
Imprint Engine or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, and without any prior notice or liability to you, immediately: (a) suspend or terminate your authorization to use the Sites and any membership and account you may have; (b) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address, or domain name; (c) permanently delete and destroy any User Content that you or others may have posted or submitted to the Sites or otherwise transmitted to Imprint Engine; and (d) prohibit you from using the Sites in the future.
If these Terms are terminated for any reason, then these Terms, including your indemnification obligations, will continue to apply and be binding upon you regarding your prior use of the Sites. Any rights or licenses you granted to us under these Terms will survive termination. No amounts previously paid by you will be refunded.
14. Applicable Law
All matters relating to the Sites and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).
You agree that any disputes directly or indirectly arising out of or relating to these Terms or the Sites (including the purchase of Imprint Engine goods or services via the Sites) (“Claims”) shall be resolved exclusively in the state or federal courts located in Hennepin County, Minnesota. You hereby irrevocably expressly consent to such venue and to the exclusive jurisdiction of any such court over any Claims. You agree to commence any Claims within one (1) year after the Claim arises.
The Imprint Engine name, including Imprint Engine, Inc., the Imprint Engine logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned by Imprint Engine or its affiliates or licensors. Imprint Engine prohibits the use of such marks without prior written authorization from Imprint Engine. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
17. Copyright Infringement Complaints
Imprint Engine respects the intellectual property of others, and requires that users and visitors to the Sites do the same. Imprint Engine will process notices of alleged infringement and will take appropriate actions according to the Digital Millennium Copyright Act (“DMCA”).
18. Notices and Procedure for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement should be sent to Imprint Engine’s designated copyright agent. If you believe in good faith that content on the Sites infringe your rights under U.S. copyright law, you (or your agent) may send Imprint Engine a written notice by mail or e-mail requesting that Imprint Engine remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Imprint Engine a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, those listed below.
To submit a notice of copyright infringement, please provide Imprint Engine the following information. Please be advised that to be effective, your notice must include all of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Imprint Engine to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Imprint Engine, Inc.
4001 Lake Breeze Ave N, Suite 400
Brooklyn Center, MN 55429
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Imprint Engine THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
All rights and remedies provided in these Terms are cumulative and not exclusive, and the exercise by Imprint Engine of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement with you, or otherwise.
20. Compliance with Law
You represent and warrant that you are, and will remain, in compliance with all applicable state, federal, and local laws, regulations, and ordinances. You represent and warrant that you have and will maintain in effect all the licenses, permissions, authorizations, consents, and permits needed to carry out your obligations under these Terms. You must notify Imprint Engine immediately if You become the subject of a government audit or investigation.
21. Entire Agreement
These Terms, including and together with any applicable Terms of Sale and related Orders constitutes the sole and entire agreement between you and Imprint Engine with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
If any term or provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability must not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
To be effective, a waiver by any party of any of the provisions of these Terms must be explicitly set forth in writing and signed by the waiving party. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
You may not assign any of your rights or obligations under these Terms without Imprint Engine’s prior written consent. Imprint Engine may assign any of its rights or delegate any of its obligations to any affiliate or to any person acquiring all or substantially all of Imprint Engine’s assets without your consent.
25. Contact Us
If you have any questions about these Terms or would like to report a violation of these Terms or other Imprint Engine policies, please contact us as follows:
4001 Lake Breeze Ave N, Suite 400
Brooklyn Center, MN 55429
Unit 5 Keypoint Business Park
Rosemount Industrial Estate
Ballycoolin, Dublin 11, Ireland D11 PT97
+1 800 696 1419
© 2023 Imprint Engine, Inc. All rights reserved.