Please read these Terms carefully so that you understand the conditions for accessing and using the Site and associated services. We may make changes to these Terms from time to time as our Site develops, so check back frequently. Your continued use of the Site and associated services following any posted changes to the Terms constitutes your consent to them. If you do not agree to the Terms, please do not use our Site.
This site is provided to you as a service to assist in marketing our products and services to your customers (the "Purpose"). As such we grant you a limited, nonexclusive, revocable license to use the Site solely for the Purpose. You may download and print a copy of the content. You may also download the content for use in your website (“Your Site”), provided that the content on Your Site is solely used for the Purpose. Except as provided herein, this license does not include the right to modify or resell any of the content of the Site.
You may not bypass any technical measures used to prevent or restrict access to any portion of the Site; use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; violate or attempt to violate the security of the Site; or interfere with or attempt to interfere with the proper working of the Site.
You agree to use this Site only for lawful purposes and in accordance with these Terms. You acknowledge that your use of this Site is at our sole discretion, and your license to use the Site may be terminated by us at any time. We reserve the right, in our sole discretion, to refuse service to anyone and to block or prevent your future access to and use of this Site.
Before you can make use of certain services associated with this Site, you must register on the Site. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information and other registration information for your account, is truthful and accurate.
You also agree and warrant that you are (or are employed by) an active distributor or reseller in the Promotional Products Channel (defined below) and you are (or are employed by) a registered member of ASI, PPAI or PPPC.
The "Promotional Products Channel" means (i) products created for promotional purposes, generally, but not always, sold through ad specialty distributorships and marketing agencies and imprinted with a company's name, logo or message; and (ii) products offered by a company as part of an advertising campaign or part of a promotion.
You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
SUBMISSION OF CONTENT AND USER ACTIVITY
Our Site may have features that allow users to upload materials to the Site or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Polyconcept, are entirely responsible for all Content that you upload, transmit, or otherwise make available through the Site or any associated services.
You represent and warrant that you own or otherwise control the rights to any Content that you upload[FL1] , transmit [ba2] or otherwise make available through the Site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
You hereby grant us a royalty-free, non-exclusive right and license, perpetual and irrevocable except as provided below, to use and display the Content to provide you services on the Site.
In the event you determine, after submission, that you wish your Content to be removed from the Site, please notify us of your request by email to: [email protected], or in writing to: Polyconcept, 400 Hunt Valley Road, New Kensington, PA 15068, Attention: Marketing Department, indicating with specificity the Content to be removed.
TRADEMARKS AND COPYRIGHTS
The trademarks, service marks, slogans, logos and trade names identified on this Site are either Polyconcept trademarks or trademarks of a third party licensor or other provider. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
All content on the Site, including without limitation text, photographs, graphics, layout, and design, is owned by Polyconcept, or Polyconcept has been granted permission to use the content. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any copyrighted material on the Site. Notwithstanding the foregoing, you may download content on the Site for use in Your Site, provided all copyright and other proprietary notices are kept intact and provided that you do not modify the content in any manner.
THE CONTENT IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless Polyconcept North America, Inc., its agents, distributors, parents, subsidiaries and affiliates, and their respective officers, directors, and employees, from and against any claims, demands, damages, costs, and expenses, including without limitation reasonable attorney’s fees, arising from or related to your use of the Site, your submission of any Content, or your breach of any provision of these Terms or any warranty hereunder.
You agree that (i) all disputes concerning the construction, interpretation, validity, effect, and enforceability of these Terms will be governed by the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws provisions, (ii) exclusive jurisdiction over any legal action arising out of or in connection with the Site will be in state or federal courts located in or nearest to Allegheny County, Pennsylvania, and (iii) your use of the Site constitutes consent to such jurisdiction and venue.
You agree that if you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using the Site.
COPYRIGHT INFRINGEMENT CLAIMS
Polyconcept respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. Polyconcept reserves the right to remove access to infringing material posted to its Site. Such actions do not affect or modify any other rights Polyconcept may have under law or contract.
If you have a question regarding Site policy, you may contact:
Polyconcept North America, Inc.
400 Hunt Valley Road
New Kensington, PA 15068