Welcome to Printedcart. The www.printedcart.com website, the Site, is comprised of various web pages operated by Printedcart. Printedcart provides a service through an ecommerce website that allows users to customize printable products, such as calendars and posters, online and then publish them to the storefront for resale, the Service. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, the Terms. Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for reference.
Visiting the Site or sending emails to Printedcart, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Printedcart is not responsible for third party access to your account that results from theft or misappropriation of your account. Printedcart and its associate reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Printedcart does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of 18, you may use the Site only with permission of a parent or guardian.
With the Service provided by Printedcart, you will earn a monthly commission based on the products sold through the Site. Each time a user orders a product you currently have published on the Site’s storefront, you receive a 20% commission of that product’s retail price, after any discounts have been deducted. At the first of each month, our accounting team will review the previous month’s sales and determine how many of the products sold were published by you, and then calculate your total commission and mail you a check.
Printedcart does not produce or print products that have been ordered through the Site immediately. Printedcart provides you with a 48 hour grace period to contact customer service to cancel all or part of your order. If you contact customer service within 48 hours of placing your order and the part you wish to cancel has not been produced or printed, customer service can give you a full or partial refund depending on what you remove from your order. Due to the custom nature of the products sold through the Site, you cannot cancel any part of your order that has already been produced or printed
Printedcart does not operate with an overstock of products; instead each product is produced or printed only after an order has been placed through the Site. When a product is produced or printed, it is done so to the specifications provided by you through the Site. Due to the custom nature of the products sold through the Site, all sales are final and cannot be returned once they have been produced and shipped.
Printedcart takes the utmost care when handling your order, and strives to never ship an order that contains a product with imperfections. If any part of your order is damaged when it arrives, take photographs of the damaged items and send them to Printedcart’s customer service team. Each shipment is insured and if the damage is severe enough Printedcart’s customer service team can make a claim against our delivery service provider. If a claim is made, Printedcart will reproduce or reprint your damaged items and deliver them to you at no extra cost. Reproduced or reprinted products will be subjected to their standard turnaround times and will not be expedited through the production process.
The Site may contain link to other websites, Linked Sites. The Linked Sites are not under the control of Printedcart and Printedcart is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Printedcart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Printedcart of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Printedcart may share such information and data with any third party with whom Printedcart has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Printedcart or its suppliers, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Printedcart content not produced through the Service it provides is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Printedcart and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Printedcart or our licensors except as expressly authorized by these Terms.
When uploading a file or other content, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these Terms. With regard to any file or content you upload to the public portions of our site, you grant Printedcart a non-exclusive, royalty-free, perpetual, irrevocable worldwide license, with sublicense and assignment rights to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to Printedcart pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content Printedcart has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.
By downloading an image or copying other user-generated content from Printedcart, you agree that you do not claim any rights to it. The following conditions apply:
You may not copy or use any portions of our site that are not user-generated content except within the limits of fair use.
If you see anything on the Site that you believe infringes your copyright rights, you may notify our customer service team with the following information in accordance with the Digital Millennium Copyright Act, DMCA:
Because all DMCA notifications must be based on a work for which the copyright is registered with the Copyright Office or for which registration has been applied for, and because a high percentage of DMCA takedown notices are not valid, it will speed our investigation of your DMCA notice if you attach to it a copy of your copyright registration, or registration application, for the work. You can directly notify our customer service team of copyright infringement at firstname.lastname@example.org, or by mail at the address listed at the end of these Terms.
Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA takedown demand for material you posted that we believe constitutes fair use, we will attempt to notify you if we have your contact info; otherwise we are under no obligation to notify you regarding the removal. We reserve the right to refuse to remove any material that in our view constitutes fair use. If we identify you as a repeat infringer we will block or remove your images, terminate any accounts you have with us, and void any future commissions you would receive. If we notify you of a DMCA removal and you respond with a legitimate counter-notice, that won't count toward being a repeat infringer. Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies.
Printedcart reserves the right to reject, remove, and/or delete any of your publications, products, or items from our storefront if they violate any of the follow conditions:
If one of your publications, products, or items is rejected, it will be removed from the Site’s storefront and you will receive an email at the address associated with your account. This email will identify which publication, product, or item was rejected and explain why. You will not and cannot claim a refund of the publication fee paid to publish your product or item to the Site’s storefront. You will not receive the monthly commission of the sales from the rejected publication, product, or item generated.
You will be able to connect your Printedcart account to third party accounts. By connecting your Printedcart account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Printedcart from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Printedcart content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Printedcart, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Printedcart reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Printedcart in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
The information, software, products, and services included in or available through the site may include inaccurate or typographical errors. Changes are periodically added to the information herein. Printedcart and/or its suppliers may make improvements and/or changes in the site at any time.
Printedcart and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided as is without warranty or conditions of any kind. Printedcart and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Printedcart and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site , with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Printedcart or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
Printedcart reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts of Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Printedcart as a result of this agreement or use of the Site. Printedcart’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Printedcart’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Printedcart with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Printedcart with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Printedcart with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Printedcart reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Printedcart encourages you to periodically review the Terms to stay informed of our updates.
Printedcart welcomes your questions or comments regarding the Terms: