Please read these Terms and Conditions of Use (“Agreement”) carefully before using our web site. This Agreement sets forth the legally binding terms and conditions for your use of the various web sites owned and operated by Literary Goods, Inc. (“Litographs”, “our”, “us” or “we”), including, without limitation, the www.Litographs.com web site (“Sites”), and any other features, content, or applications offered from time to time in connection with such Sites (collectively, the “Services”). By viewing or otherwise using any of the Sites or Services, you agree to be bound by this Agreement. Litographs offers the Sites and Services subject to acceptance without modification of (a) all of the terms and conditions contained in this Agreement, (b) all other operating rules, policies and procedures that may be published from time to time on the Sites by us and (c) all additional terms and conditions that may be promulgated by us from time to time with respect to services offered on the Sites, which are all incorporated into this Agreement by this reference.
The Sites and Services are available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are (i) at least 18 years old and (ii) if you are between the ages of 13 and 18, you have parental permission to enter into this Agreement and to use the Sites and Services. Litographs may, in its sole discretion, refuse to offer any portion of or all of the Sites and/or Services to any person or entity or change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Sites and Services is revoked in such jurisdictions.
We reserve the right in our sole discretion to (A) change, modify, add, or delete portions of this Agreement, and/or (B) change, suspend, limit or discontinue any portion of or all of the Sites and/or Services (including, without limitation, the availability of any feature or content). We will provide notice of such changes only by posting the updated Agreement on our Sites and changing the “last updated” date listed above, by posting a notice on the Sites or by sending you an email. We encourage you to review our Agreement each time you visit any of our Sites to see if it has been updated since your last visit. Your continued use of the Sites and/or Services following our notice of any such changes constitutes acceptance of those changes.
If you have any questions regarding the use and features of our products and the Sites, please refer to the “Frequently Asked Questions” section of our Sites at www.litographs.com/pages/faqs. All other questions or comments about the Sites and our products should be directed to firstname.lastname@example.org.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material hosted by the Service you may contact our Designated Agent at the following address: 163 Hampshire St., Cambridge, MA 02139.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If material that you have posted to the Service has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (g) a physical or electronic signature of the subscriber; (h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (i) a statement under penalty of perjury that you 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; and (j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which R&G may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
All materials (“Materials”) on the Sites, including, without limitation, the Litographs logo, design, text, graphics, other files, and the selection and arrangement thereof are the proprietary property of Litographs or its affiliates or licensors. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials on the Sites for informational, non-commercial, personal and internal use only, provided you keep all copyright and other proprietary notices intact. Any other use of such materials, including any commercial use or reproduction for purposes other than described above, or modification, distribution, republication, display, or performance of such materials, without the prior written consent of Litographs is strictly prohibited.
Trademarks and Other Intellectual Property
"http://www.litographs.com/," "Litographs," and other trademarks on the Sites are trademarks or service marks of Litographs or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written consent of. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Litographs, and may not be copied, imitated, or used, in whole or in part, without our prior written consent.
We might have patents, trademarks, service marks, copyrights, or other intellectual property rights covering subject matter in the pages of the Sites and any software part of the Sites. Except to the extent we may have granted you licenses to certain intellectual property in this Agreement, our providing you with such web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Third-Party Content & Services
The Sites may include hyperlinks to third party web sites. We don’t monitor or control any third-party content, services, business practices or privacy policies (“Third-Party Content”). We don’t endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. We do not warrant the accuracy of any information contained on, and undertake no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk, including being exposed to content that you may consider offensive or inappropriate. You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of Third-Party Content, or for any damage or loss caused or alleged to be caused by your use of or reliance on any Third-Party Content.
Terms of Submissions
NOTE: You may only submit any material to us if you are 18 or above.
Any comments are feedback submitted to us via email or the Sites become the property of Litographs. In some instances where we solicit submissions from our customers in connection with a promotion or contest, we will ask you to carefully review specific terms of submission in connection with any submission you may make and the rights we and you have to any such submitted content. Please be sure to read the particular terms of submissions carefully before submitting any materials to the Site.
The terms of submission you agree to when you submit materials to the Site are incorporated and made part of this Agreement.
You shall not: (a) take any action that imposes or may impose (as determined by Litographs in its sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of any of the Sites and/or Services; (c) bypass any measures we may use to prevent or restrict access to any portion of the Sites and/or Services (or other accounts, computer systems or networks connected to any of the Sites and/or Services); or (d) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
Furthermore, you shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites or Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Sites or Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
THE SITES, SERVICES AND THE CONTENT AVAILABLE ON OR THROUGH SUCH SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THE SITES, SERVICES AND CONTENT AVAILABLE ON OR THROUGH SUCH SITES AND SERVICES IS AT YOUR SOLE RISK. LITOGRAPHS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LITOGRAPHS DOES NOT REPRESENT OR WARRANT CONTENT AVAILABLE ON OR THROUGH THE SITES AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. LITOGRAPHS ALSO DOES NOT REPRESENT OR WARRANT THAT (A) THE SITES OR THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (C) THE SITES AND SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Litographs.
NOTE:Please see our Return & Exchange Policy at www.litographs.com/pages/returns-and-exchanges for information regarding the return of any products purchased through the Sites.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL LITOGRAPHS OR ITS AFFILIATES OR LICENSORS (INCLUDING, WITHOUT LIMITATION, CONTENT PROVIDERS), OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, CREDITORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, OR SUPPLIERS BE LIABLE FOR ANY (A) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (B) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITES OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, USE OF, OR INABILITY TO USE, THE SITES OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THE SITES, IN EACH CASE, EVEN IF LITOGRAPHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by us on account of technical problems or traffic congestion online or on the Sites or at any web site, or any combination thereof including any injury or damage to your or any other person’s computer related to or resulting from downloading any materials from the Sites. If, for any reason, the Sites are not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Litographs that threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of any of the Sites, we reserve the right, in our sole discretion, to cancel, terminate or suspend the use of the Sites and Services. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY OF THE SITES OR SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF ANY OF THE SITES OR SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, LITOGRAPHS WILL TERMINATE YOUR USE OF THE SITES AND SERVICES AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Litographs, its affiliates, and all of its and their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (a) your use of any of the Sites or Services or any Materials you provide, including, but not limited to, any claim by a third party that any Materials you provide infringe or violate such third party’s rights or interests and/or (b) your breach of this Agreement. Litographs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material at any time and for any reason, including, but not limited to Material that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Sites and Services, and any Material transmitted by you via or in connection with our Sites, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena), to initiate, render, bill and collect for our products and services, to protect our rights or property, or to protect users of our Sites from fraudulent, abusive, or unlawful use of our Sites and Services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Litographs does not endorse and has no control over Materials submitted by third parties. Litographs has the right, but not the obligation, to monitor the Sites, Services and/or Submitted Items. We may remove any Materials at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Materials), or for no reason at all. Under no circumstances will we be liable in any way for any Materials submitted by a third party, including, but not limited to, any errors or omissions in such Materials, or any loss or damage of any kind incurred in connection with use of or exposure to any submitted Materials posted, emailed, accessed, transmitted or otherwise made available via the Sites and/or Services.
These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law principles to the contrary. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Boston, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state and federal courts residing in Boston, Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action, or proceeding arising out of this Agreement. Use of the Sites and Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this Section.
Litographs reserves the right, without notice and in its sole discretion at any time, to terminate your license to use any or all of the Sites and Services, to block or prevent future access to and use of any of the Sites and Services, and to remove and discard any Material. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
The Agreement, along with the Copyright Policy, the Return & Exchange Policy and any other agreement referred to herein, constitute the entire agreement between you and Litographs with respect to the use of the Sites and Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Litographs with respect to the use of the Sites and Services. All waivers must be in writing. We shall not be liable for any failure to deliver products or services or otherwise perform its obligations hereunder where such failure results from any cause beyond our reasonable control. The Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. Litographs may assign, transfer or delegate any of its rights and obligations hereunder without consent. Any attempted transfer in violation hereof will be void and of no effect. This Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties. No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. Except as otherwise provided herein, all notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.