Effective Date: June 23, 2011
Welcome to the CafePress.ca website, which is located at www.cafepress.ca (the "Website"). This Terms of Service Agreement ("TOS") contains the terms and conditions that govern your use of the Website and the CafePress Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the CafePress Service and is in addition to any Content Owner Agreement you may have entered into with us. The Website and CafePress Service are provided by CafePress.com, Inc., a Delaware, USA corporation ("CafePress") with a place of business at 1850 Gateway Drive, Suite 300, San Mateo, California 94404, USA. Use of the Website constitutes your acceptance of and agreement to this TOS, if you do not agree with this TOS you may not use the Website or the CafePress Service.
CafePress reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time, in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email within 14 days of the changes. If any change is unacceptable to you, your only recourse is to not use the Website or CafePress Service. Your continued use of the Website and CafePress Service following a posting of a change notice or new agreement on the Website will constitute binding acceptance of the changes.
1. The CafePress Service.
2. Use of the Web site and CafePress Service.
2.1 Eligibility. CafePress will only knowingly provide the CafePress Service to parties that can lawfully enter into and form contracts under the applicable federal laws of Toronto, Ontario, Canada. If you are under the age of majority in your province/territory of residence you may only use the CafePress Service under the supervision of a parent or legal guardian who agrees to be bound by this TOS.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to herein, and all applicable laws, regulations and rules when you use the CafePress Service and the Website.
2.3 Your License to Use the Web site and the CafePress Service.
(a) CafePress solely and exclusively owns all intellectual property and other rights, title and interest in and to the CafePress Service and Website, except as expressly provided for in this TOS. For example and without limitation, CafePress owns the trade-marks CAFEPRESS, CAFEPRESS.CA, CAFÉ PRESS, CAFEPRESS.COM, and BROUGHT TO THE WORLD BY YOU; the copyrights in and to the Website; and certain technology used in providing the CafePress Service. You will not acquire any right, title or interest under this TOS or otherwise to any intellectual property owned by CafePress.
(b) CafePress grants you a limited revocable license to access and use the Website and the CafePress Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by CafePress; to compete with CafePress; to create derivative works based on the content of the Website; or to download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, CafePress may revoke the license granted to you. Any use beyond the scope of the license granted to you herein requires the prior express written consent of CafePress. CafePress may revoke the license granted to you herein at any time in CafePress' sole and absolute discretion.
(c) This section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see sections 4.3 and 4.4.
3. General Rules.
3.1 Prohibited Use. You may only use the CafePress Service as expressly permitted by CafePress. You may not cause harm to the Website or the CafePress Service. Specifically, but not by way of limitation, you may not: (i) interfere with the CafePress Service by using viruses or any other programs or technology designed to disrupt, damage or render less efficient any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the CafePress Service; (iii) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the CafePress Service; (iv) 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; (v) collect electronic mail addresses or other information from third parties by using the CafePress Service; (vi) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain CafePress' name or trade-marks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the CafePress Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.3 Ordering Products. If you purchase Products, you agree to do so in accordance with CafePress' Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
3.4 Linking. Websites or web pages to which the Website is linked or to which you are directed are for information purposes and to provide you with opportunities to purchase products and services from third parties and have not been reviewed by CafePress. CafePress accepts no responsibility for the content of any third party websites or web pages and does not accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any third party website to which the Website is linked or to which you are directed.When you access a website, either through a link from the Website or through being directed by CafePress, you accept that it is independent from the Website and that CafePress has no control over the content of the linked third party website. A link to a third party website does not mean that CafePress endorses companies or products or accepts any duty or responsibility for the content, accuracy or the use of the contents of such website. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. CafePress reserves the right to terminate any link or linking program at any time. You should take precautions to ensure protection of your privacy if you decide to access any of the third party websites.
4. Create and Buy General Rules and License.
4.1 Description. As part of the CafePress Service, CafePress offers a service (the "Create & Buy Service") that allows you to upload images, video, audio, data, and other content (collectively the "Content") to the Website to create, produce and purchase Products featuring the uploaded Content for your own use.
4.2 Delivery of Content. You will upload or deliver to CafePress all Content that you want to use with the Create & Buy Service in accordance with the applicable instructions on the Website and the Content Usage Policy. CafePress may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Create & Buy Service. You are subject to all of the same rights, responsibilities and restrictions with respect to any Content as are found in Section 3, 4, and 5 of the Content Owner Agreement, which is hereby incorporated by reference in this TOS.
4.3 Licensing Your Content to CafePress. You will retain ownership of the Content that you upload to the Website. You hereby grant to CafePress a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as CafePress deems necessary to (i) enable you to use the Create & Buy Service to create and purchase Products; (ii) provide the CafePress Service; and (iii) to market and promote the CafePress Service. CafePress may sublicense the rights that you grant it in this section to a third party subcontractor only for purposes of providing the CafePress Service, processing your order, and producing and shipping your Products.
4.4 Waiver of Moral Rights. You agree to waive all moral rights in respect of the Content, including the right to be identified as the author of such Content and your right to object to derogatory treatment of such Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to CafePress.
5. Reservation of Rights.
5.1 Monitoring. CafePress reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If CafePress determines, in its sole and absolute discretion, that you or another CafePress user will breach or have breached a term or condition of this TOS or that such transaction or communication is inappropriate, CafePress may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2 Modification of the Service. CafePress reserves the right to modify the organization, structure or "look and feel" of the CafePress Service or the Website, and may change, suspend, or discontinue any aspect of the CafePress Service at any time without any liability to you or any third party. CafePress shall have complete discretion over the features, functions, prices and other terms and conditions on which the CafePress Service is offered to CafePress users.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to CafePress and CafePress represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS.
7.2 By You. You represent and warrant to CafePress that, in your use of the CafePress Service, you: (i) will not infringe the copyright, trade-mark, patent, trade secret, right of privacy, right of publicity, moral rights or any other legal right of any third party, and (ii) will not violate any applicable laws, rules, and regulations, including, without limitation, by exploiting images or the likeness of minors. You further represent and warrant to CafePress that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) CafePress will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that CafePress incurs in providing the CafePress Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAFEPRESS PROVIDES THE WEBSITE AND CAFEPRESS SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAFEPRESS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CAFEPRESS SERVICE OR ITS USE: (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. CAFEPRESS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
9. Limitation of Liability.
LIMITATION OF LIABILITY. CAFEPRESS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL), AND WILL NOT BE SUBJECT TO ANY EQUITABLE OR INJUNCTIVE REMEDIES ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CAFEPRESS SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (I) THE AMOUNT PAID BY CAFEPRESS TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (II) $100.
10.1 Termination. In its sole discretion, with or without notice to you, CafePress may: (i) suspend, limit your access to or terminate your use of the Website and/or the CafePress Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from CafePress' servers and directories and (iv) prohibit you from using the CafePress Service and/or the Website.
10.2 Survival. Notwithstanding section 10.1 above, this TOS will survive indefinitely unless and until CafePress chooses to terminate this TOS.
10.3 Effect of Termination. If you or CafePress terminates your use of the Website or the CafePress Service, CafePress may delete any Content or other materials relating to your use of the CafePress Service on CafePress' servers or otherwise in its possession and CafePress will have no liability to you or any third party for doing so.
12. Content Complaints.