Terms and Conditions
Terms And Conditions
These Terms provide that all disputes between you and Lindmark will be resolved by binding arbitration. Accordingly, you agree to give up your right to go to court (including in a class action proceeding) to assert or defend your rights under these Terms (except for matters that may lie in the jurisdiction of a small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot by brought by a class action. Please review the section below entitled Dispute Resolution and Arbitration for the details regarding your agreement to arbitrate any disputes with Lindmark Ink.
Modifications and Severability
We may make changes to these Terms from time-to-time. You shall have the duty to review the Terms to determine any changes. Therefore, you should review the Terms carefully to make sure you understand our practices and procedures. Your continued use of the Website following posting of a change or new Terms on the Website will constitute binding acceptance of the Terms, including, without limitation, any changes. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, then any such offending term or condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms.
Our Website and Services
We provide a number of Internet-based services through the Website (all such services, collectively, the "Services"). One such service enables users to create and purchase customized products, including without limitation, printed, unframed vinyl products (collectively, the "Products"). Users may create and purchase Products for their own use through the Services.
All pages within this Website and any material made available for download are the property of Lindmark, or its licensors or suppliers, as applicable. The Website is protected by United States and International copyright and trademark laws. The contents of the Website, including, without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (collectively, the "Content") may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in these Terms or in writing by Lindmark Ink. You may not frame or utilize framing techniques to enclose, or deep link, to any name, trademarks, service marks, logos, the Content, or other proprietary information (including images, text, page layout, or form) without our written consent
Use of the Website and Service
We will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are not intended for children under the age of 13.
You must comply with all of the terms and conditions of these Terms, the applicable agreements and policies referred to in these Terms, and all applicable laws, regulations, and rules when you use the Services and the Website. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account in which the user is not authorized to access; or (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Website or any portion thereof without authorization in violation of these Terms or in violation of applicable law. You may not collect or use information contained on the Website for prohibited purposes, to compete with us, to create derivative works based on the Content of the Website, or download or copy the Website (other than page caching).
In the event access to the Website or a portion thereof is limited, requiring an account with a username and password ("Protected Areas"), you agree to access Protected Areas using only your account as provided to you by Lindmark Ink. You agree to protect the confidentiality of your username and password, and not to share or disclose your username or password to any third party. You agree that you are fully responsible for all activity occurring under your account. Your access to the Website may be restricted or revoked by us at any time with or without cause.
You may purchase Products and Services on the Website. We accept all major credit cards issued by U.S. Banks. If you purchase any Products or Services, you agree to do so in accordance with instructions provided on the Website and agree to comply with any additional terms that may be provided. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Your order may be cancelled, among other reasons, due to (i) limitations on quantities available for purchase, (ii) inaccuracies or errors in product or pricing information, or (iii) problems identified by credit and accounting. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Should you make any online payment, you warranty and represent that (i) any credit card, debit card, and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
You may use the Website and Services only as expressly permitted by Lindmark Ink. You agree not to cause harm to the Website or Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website of Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Service; (iii) use a robot, spider, or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters, or similar technology; (iv) collect mailing or email addresses or other information from third parties by using the Services; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain our name or "Trademarks", whether registered or existing by common law; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the Services; (viii) deep-link to any feature or content on the Website, bypass our security, robot exclusion headers, or other; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms.
Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accurateness of this Website, we make no representations, warranties, or guarantees as to the correctness or accuracy of the Website, Services, or Content therein. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Website from any third party not affiliated with Lindmark Ink.
We have made significant efforts to accurately display the images of our Products that appear on the Website and the Content. However, as the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from third parties, we shall have the right to refuse or cancel any orders placed for the Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment has been received. If your payment has already been received for the purchase and your order is canceled, we shall issue a credit to the account for the amount of the canceled order.
We reserve the right to modify the organization, structure, or “look and feel” of the Website or Services, and may change, suspend, or discontinue any aspect of the Website or Services at any time without notice and without any liability to you or any third party. We shall have complete and exclusive discretion over the features, functions, prices, and other terms and conditions on which the Website and Services are offered to you.
Printing Services, User Generated Content, and Submissions
As part of the Services, we may offer a service that allows you to upload images, photographs, graphic designs, and other content (collectively, the "User Generated Content") to the Website to create, produce, and purchase Products featuring the User Generated Content for your own use (the "Printing Service").
If you wish to use the Printing Service, you will upload or deliver to us all User Generated Content that you want to use with the Services in accordance with the applicable instructions on the Website. We may, in our sole and exclusive discretion, determine whether any User Generated Content complies with such instructions and is satisfactory for use with the Printing Service.
You will retain ownership of the User Generated Content that you upload to the Website. You hereby grant to us a royalty-free, worldwide, transferable, non-exclusive, sublicensable, right and license to use such User Generated Content, in all media existing now or created in the future, as we deem necessary to enable you to fully use the Printing Service and for us to provide the Printing Service.
As a part of our Services, you may have the option of creating a gallery of your User Generated Content (the "Gallery"). You are responsible for all the content in your Gallery. You understand and agree that we shall not be liable for any access to, use of, or disclosure of any User Generated Content, including images, comments, or other content in your Gallery. We may require you to change the URL for your Gallery.
You agree not to provide any User Generated Content, comments, ideas, suggestions, information, files, videos, images, or other materials that (i) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (ii) violate or infringe the privacy, copyright, Trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (iii) contain or transmit a virus or any other harmful component. You represent and warrant to us that you have the legal right and authorization to provide all User Generated Content, comments, ideas, suggestions, information, files, videos, images, and any other materials to us for the purpose and use as set forth herein, you agree not to contact other users of the Website through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
You grant Lindmark Ink the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content. Lindmark Ink takes no responsibility and assumes no liability for any User Generated Content submitted by you or any third party.
All brand, product, and service names used on the Website which identify us or other third parties and their products are the proprietary marks of Lindmark Ink and/or the relevant third parties. Nothing in these Terms shall be deemed to confer on any person any license or right on the part of Lindmark Ink or any third party with respect to such image, logo, or name. You shall not make any use of any Lindmark Trademark, logos, or trade dress without prior written express and approval.
All User Generated Content and other materials are subject to review and examination by us. Any and all images are subject to applicable laws, and any perceived violations of law will be reported by us to the applicable law enforcement authorities. We reserve the right in our and sole and absolute discretion to refuse to process or post any User Generated Content and other materials we deem objectionable.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, communications, or any other information (the "Submissions"). You grant us permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that we will have no obligation to keep any Submission confidential. You will not bring a claim against us based on “moral rights” or the like arising from our use of a Submission.
Lindmark Ink may offer different pricing levels based on the volume of printing and use of our Services. These prices are published on the Website and are subject to change at our sole and absolute discretion.
All items purchased through this Website are made pursuant to the shipping policies of FedEx, UPS, or USPS, as such policies are published on such carriers’ websites. Title and risk of loss for all products ordered by you shall pass to you once picked up by the shipping carrier.
Representations and Warranties
You represent and warrant to Lindmark Ink (i) that you have the full power and authority to accept these Terms and perform under them, (ii) the execution and performance of your obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, and (iii) these Terms are a legal, valid, and binding obligation of you, enforceable in accordance with its terms and conditions.
You represent and warrant to Lindmark Ink that, in your use of the Website and Services, (i) you will not infringe the copyright, Trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party; (ii) you will comply with all applicable laws, rules, and regulations; (iii) you will hold Lindmark Ink harmless and indemnify Lindmark Ink for all losses, costs, damages, and expenses including, without limitation, reasonable attorneys’ fees and related costs, for any action brought or threatened against you or Lindmark Ink with respect to any of the User Generated Content or Submissions; (iv) Lindmark Ink will not be required to make any payments to any third party in connections with its use of the User Generated Content or Submissions; (v) the use of any instructions, formulae, recommendations, or the like contained in the User Generated Content or Submissions will not cause injury to any third party; and (vi) the User Generated Content or Submissions do not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
You agree to indemnify and hold us and our representatives, agents, affiliates, directors, coordinators, members, managers, and attorneys (the "Parties") harmless from and against any losses, costs, damages, and expenses including, without limitation, reasonable attorneys’ fees and related costs, incurred in connection with any third-party claim, demand, or action (a "Claim") brought against any of the Parties (i) alleging that you have breached any provision of these Terms or any applicable laws, rules, or regulations through any act or omission, (ii) arising out of any User Generated Content you post or allow to be posted to the Website or any Submissions, or (iii) arising out of your use or access of the Website, or access by anyone accessing the Website using your account.
For any indemnification under this Section, Lindmark Ink shall have the right to defend against any such Claim brought against or involving it or any of the Parties in such manner as Lindmark Ink deems appropriate. Lindmark Ink shall have the right to settle any such Claim on such terms as it may deem appropriate, all at your sole cost and expense; provided, however, that you shall have the right to approve such settlement, with such approval not to be unreasonably withheld. You shall have no right to settle or otherwise resolve any Claim involving Lindmark Ink or the Parties without Lindmark Ink’s express written consent, which shall not be unreasonably withheld.
Disclaimers and Exclusions
LINDMARK INK PROVIDES THE WEBSITE AND SERVICES ON “AS IS WHEREIS” AND “AS AVAILABLE” BASES, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LINDMARK INK DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR ITS USE: (I) WILL BE INTERRUPTED; (II) WILL BE FREE OF INACCURAICES OR ERRORS; (III) WILL MEET ANY REQUIREMENTS OR EXPECTATIONS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. LINDMARK INK MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICLUAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. LINDMARK INK DOES NOT WARRANTY THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, SERVICES, AND LINKED WEBSITES. LINDMARK INK DOES NOT WARRANTY THAT FILES AVAILIBLE FOR DOWNLOAD WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE REPROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY LINDMARK INK ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
Limitation of Liability
LINDMARK INK AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECICAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. Mail; (ii) nationally recognized overnight courier; or (iii) electronic mail. If you give notice to us, you must use the following address: Lindmark Ink, 2700 Technology Place, Norman, Oklahoma 73071. If we provide notice to you, we will use the contact information provided by you to us. All notices will be deemed received as follows: (a) if by delivery by U.S. Mail, seven (7) business says after dispatch, (b) if by nationally recognized overnight courier, on the date receipt is confirmed by such courier service, or (c) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email will satisfy this requirement.
Copyright Infringement Claims
We disclaim any responsibility or liability for copyrighted materials posted on the Website or through our Services. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to us.
Notices of Alleged Infringement for Content Made Available on the Website
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by sending us a notice ("Notice") complying with the following requirements: (i) identify the copyrighted work(s) that you claim have been infringed; (ii) identify the material or link you claim is infringing (or the subject of the alleged infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found; (iii) provide your mailing address, telephone number, and if available, email address; (iv) include both the following statements in the body of the Notice - “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyrighted owner, its agent, or the law (e.g., as a fair use).” I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and (v) provide your full legal name and your electronic or physical signature.
The Notice should be delivered to Lindmark Ink as follows:
ATTN: Legal Department
2700 Technology Place
Norman, Oklahoma 73071
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When we receive a counter notice, we may reinstate the material in question. To provide a counter notice to us, please provide the following information to us: (i) identification of the material that has been removed or to which access has been disabled on the Website; (ii) the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement as follows: “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”; (iv) your name, address, telephone number and, if available, e-mail address; (v) a statement as follows: “I hereby consent to the jurisdiction in the state or federal courts in the state of Oklahoma, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”; (vi) provide your full legal name and your electronic or physical signature.
The Counter Notice should be delivered to Lindmark Ink as follows:
ATTN: Legal Department
2700 Technology Place
Norman, Oklahoma 73071
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. If you have a concern about your purchase or any other issue, please contact us. In the unlikely event that Lindmark Ink is unable to resolve a complaint you may have to your satisfaction, then you and Lindmark Ink each agree to be bound by these dispute resolution procedures.
You and Lindmark Ink each agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, your use of the Website, your ordering of Products or Services from Lindmark Ink or its affiliates through the Website, by phone, or through e-mail offering Lindmark Ink Products or Services AND in excess of Ten Thousand Dollars ($10,000) shall be determined by binding arbitration to be held in Norman, Oklahoma before an arbitrator approved and selected by the American Arbitration Association. Any such dispute, claim, or controversy less than Ten Thousand Dollars ($10,000) shall only be brought in the District Court for Cleveland County, Oklahoma located in Norman, Oklahoma. You hereby agree that such forums and venues are convenient and waive any and all defenses to same, including, but not limited to, forum non conveniens.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO BRING AN ACTION IN COURT OR BEFORE AN ADMINISTRATIVE AGENCY. ARBITRATION IS MORE INFORMAL THAN COURT OR ADMINISTRATIVE PROCEEDINGS. ARBITRATION USES A NEUTRAL ARBITRATOR TO DECIDE A DISPUTE INSTEAD OF A JUDGE OR JURY. AN ARBITRATOR’S AWARD IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES). AN ARBITRATOR IS ALSO BOUND BY THESE TERMS TO THE SAME EXTENT AS A COURT.
WE EACH ALSO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR RESPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT BRING A CLAIM ON BEHALD OF A CLASS OR ANY PERSON OTHER THAN YOURSELF. UNLESS OTHERWISE AGREED IN WRITING BY BOTH YOU AND LINDMARK INK, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONS’S CLAIMS, MAY NOT CONDUCT ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD RELIEF OTHER THAN ON AN INDIVIDUAL BASIS.
If you bring a claim in the District Court of Cleveland County, Oklahoma, as set forth above, we each waive any right to a jury trial. This means that any such claim will be decided by a judge, not a jury. We also each agree that you and Lindmark Ink may bring suit in such court to seek temporary provisional relief to enjoin infringement or other misuse of intellectual property rights.
THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATOIN ACT AND APPLICABLE FEDERAL LAW GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS AND ANY CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, PRODUCTS AND SERVICES ORDERED OR PURCHASED THROUGH THE WEBSITE. IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE INTERNAL LAWS OF THE STATE OF OKLAHOMA (WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES) WILL GOVERN.