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Terms of Use

Last updated: February 16, 2016

Welcome to the Pen’s Prints website. The following Terms of Use apply to the Pen’s Prints website located at www.pensprints.com, and any mobile site, service, application, platform, or tool used by Pen’s Prints (collectively, the “Site”). The Terms of Use is a legally binding contract between Pen’s Prints LLC, doing business as Pen’s Prints (“Pen’s Prints,” “Us,” “Our,” or “We”), or any affiliated person or entity that posts or links to this Terms of Use on the Site, and any person accessing or using the Site. ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS IN THE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. We reserve the right to change the Site or these Terms of Use at any time in Our sole discretion.

Use of Site

The Site is offered subject to your acceptance without modification of these Terms of Use. If at any time you do not accept all of these Terms of Use, you must immediately stop using the Site. Your continued access or use of the Site constitutes your acceptance to the Terms of Use and any continued access or use of the Site following any changes to the Site or Terms of Use constitutes acceptance of those changes.

Age Restriction

You represent and warrant that you are at least 18 years old or accessing, browsing, or otherwise using the Site under the supervision of a parent or guardian.

Content and Access

Subject to the Terms of Use, We hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site only for the purpose of personal, NONCOMMERCIAL use, except as explicitly authorized by Pen’s Prints in advance, and only to the extent such use does not violate the Terms of Use. Any breach of the Terms of Use shall result in an immediately revocation of the license granted in this paragraph without notice to you.

We reserve the right to refuse service, terminate accounts, and/or cancel orders at Our discretion at any time, including, without limitation, if We believe that your conduct violates any law, is harmful to Our interests, or is a material breach of the Terms of Use.

If access or use of this Site is done through any mobile or wireless data service, or through Internet access, you are responsible for obtaining and paying for any such device or such services. You may incur charges from your service provider in connection with your use of this Site. You are solely responsible for obtaining any subscription, connectivity, or access services or equipment necessary to access and use the Site. We make no representation that the Site is compatible with or provided by all mobile or wireless data carriers.

We reserve the right to prohibit purchase of any product or merchandise to resellers.

International Access

The Site may be accessed from countries other than the United States. The Site may contain products or references that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your jurisdiction’s laws and regulations. We make no representations or warranties that the site is appropriate or available for use in all geographic locations.

Intellectual Property

All content included on the Site, such as trademarks, slogans, service marks, trade names, text, graphics, button icons, logos, images, audio or video, data, music, software, Application updates, “look and feel” of the Site, and other material (collectively, “Content”) is exclusively owned or licensed property of Pen’s Prints or Our suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights and intellectual property laws. The collection, arrangement, compilation, and assembly of all Content on the Site is the exclusive property of Pen’s Prints and protected by U.S. and international copyright laws. Pen’s Prints and its suppliers and licensors expressly reserve all intellectual property rights in all Content. The use of any of Our trademarks or service marks, including in meta tags, without Our express written consent is strictly prohibited. You may not use any of our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion or in any manner that disparages or discredits Us.

You may download, print, and copy Content for personal, NONCOMMERCIAL purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate the Terms of Use in any way as long as credit is appropriately given. You may not distribute, sell, lease, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Site, any portion thereof, or any Content, unless expressly permitted by Us. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for commercial purposes, whether by you or on behalf of you or any third party, constitutes a material breach of the Terms of Use. You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) include any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties.

Infringement

We respect the intellectual property rights of others. If you believe that any Site Content infringes upon your copyright, please notify us at info@pensprints.com. Your notice should include: (i) specific identification of the copyrighted work(s) believed to have been infringed; (ii) the location or URL where the allegedly infringing Site Content is located; (iii) your full name, street address, telephone number, and e-mail address; (iv) your signature; (v) the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; (vi) the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am then copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Passwords and Security

Some areas of the Site may require you to register with Us through a password and account identification to enable you to access and use certain portions of the Site. We may assign you a password and account identification for such access and use or you may register for access and use of restricted portions of the Site. Each time you use a password and account identification, whether assigned by Us or created by you, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms of Use. We may refuse to grant to you any user name you request. Your password and account information is for personal use only. When registering for access to certain portions of the Site, you may be asked to select a personal, non-transferable password and may be asked to provide information that We will use to confirm your identity in the event you submit a request for a lost or forgotten username or password. You agree to submit accurate and complete information and to update such information as required from time to time. We have no obligation to investigate the authorization or source of any such access or use of the Site. If We suspect that your information is untrue, inaccurate, out-of-date, or incomplete, We may suspend or terminate your access to the Site and/or request additional information from you. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ASSIGNED OR REGISTERED TO YOU, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are responsible for ensuring the security and confidentiality of your password and account information and for restricting access to your computer or electronic device. You agree to notify us immediately of any unauthorized use of your password, identification, or account or any other breach of suspected breach of security that is known or suspected by you.

When you use the Site or send e-mails to Us, you are communicating with Us electronically. We may communicate with you by e-mail or by posting notices on the Site or through other services. You consent and agree to receiving notices or communications from Us electronically. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

In addition to all other rights available to Us, including those set forth in the Terms of Use, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

Privacy Policy

Please review Our Privacy Policy, which also governs your access and use of the Site.

Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

We, or our agents, may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to, and record phone conversations you have with Us.

Risk of Loss

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale. We do not take title to returned items until the item arrives at our return center at 10628 Lago Cantini St., Las Vegas, NV 89141.

Reviews, Comments, and Submissions

We welcome your reviews, comments, photos, videos, feedback, ideas, know-how, techniques, questions, concepts, suggestions, or other communications or content that you submit through or to the Site, or any content or information you publish through social media (“Submissions”). By submitting such Submissions, which shall include photographic, video, or digital file or content, to Us, you hereby agree and consent to Us using the Submissions for business and commercial purposes, advertising, marketing, promotion, and other such uses in accordance with the Terms of Use. You acknowledge that We are allowed to feature your name, social media handle or account reference, accompanying text, and any images from your social media accounts as long as the Submissions comply with the Terms of Use. 

You represent and warrant that Submissions are not confidential or proprietary; are accurate; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights, and that no consent or authorization from any third party is required in connection with use of Submissions; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language or material, malware, political campaigning, commercial solicitation, chain letters, mass mailing, any form of span, or any material considered harmful, sexually explicit, lewd, indecent, violent, abusive, or degrading. You further represent and warrant that you own all rights in the Submissions or otherwise have the right to submit the Submissions to Us. You also represent and warrant that any persons identified in the Submissions have consented to the submission of the Submissions on the Site and further use of the Submissions as contemplated herein. YOU ARE SOLELY RESPONSIBLE FOR THE SUBMISSIONS AND WE ASSUME NO LIABILITY FOR ANY SUBMISSIONS. You acknowledge and agree that We reserve the right (but have no obligation) for any reason in Our sole discretion to monitor Submissions; alter, remove, edit, or refuse to post or allow to be posted any Submissions; and/or disclose any Submissions, and the circumstances surrounding its transmission, to any third party. 

For any Submission, including those uploaded to the Site, you grant to Us without compensation (or the expectation of compensation) a non-exclusive, sub-licensable, worldwide, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, distribute, display, perform, transmit, disclose, reproduce, publish, republish, record, digitize, copy, modify, alter, delete, adapt, translate, create derivative works from, exploit, sell, perform, lease, or otherwise use your Submission into any form, medium, or technology, now known or hereafter developed, throughout the world for commercial or non-commercial purposes, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You should not send Us any Submissions that you do not wish to license to us, including any confidential information or any original creative materials. All Submissions shall automatically become Our sole and exclusive property and shall not be returned to you.      

You grant to Us the right to include your name or social medial handle or account reference that accompanies your Submission. We have no obligation to include such name with your Submission. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with the Submission. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third parties as the origin of any Submissions. You represent that you have all rights necessary to grant the licenses granted in this section. You further irrevocable waive any “moral rights” or other rights with respect to attribution or authorship or integrity of materials regarding Submissions that you may have under any applicable law under any legal theory.   

Lastly, in addition to the indemnification provision contained within the Terms of Use, you hereby waive, release, and forever discharge Us and each owner, subsidiary, affiliate, officer, director, manager, employee, representative and agent from any and all rights, claims, and liability relating to the use of the Submissions in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness, and the right of publicity. You also further agree to defend, indemnify, and hold harmless Us from and against any and losses, and all claims by third parties, resulting from your breach of any of the representations or warranties contained in this section.

Links to Third-Party Websites

This Site may contain links to and interactive functionality with the websites of third parties, including social sites or product manufacturer sites. We are not responsible for and have no liability for the functionality, actions, inactions, information, privacy settings, terms, or content of such website. Before communicating with or visiting such website, We strongly recommend that you review and understand the terms of use, conditions, privacy policies, settings, and information-sharing functions of such third-party website. By linking to and having interactive functionality for third-party websites, We do not represent or imply that we endorse such websites. You acknowledge that We are not responsible for the operation of or content located on or through any such site and that you are responsible for taking the necessary precautions to protect yourself and your computer from viruses, worms, and other harmful or destructive content that may be accessible through such websites. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

Prohibited Conduct

The Site may only be used for lawful purposes in accordance with the terms of the Terms of Use. You represent and warrant to Us that you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT do any of the following: (i) make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images; (ii) download, copy, or transmit any Content for the benefit of any other merchant; (iii) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Us or generally publicly available browsers; (iv) frame, mirror, or use framing techniques on any part of the Site without Our express prior written consent; (v) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms of Use; (vi) use any meta tags or any other hidden text utilizing Our name or marks; (vii) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make; (viii) conduct fraudulent activities on the Site; (ix) violate or attempt to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) trying to change the behavior of the Site; (c) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (d) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (e) forging any header or any part of the header information in any email or posting; or (f) forging communications on behalf of the Site (impersonating Our Site) or to the Site (impersonating another user); (x) send unsolicited or unauthorized email on behalf of Us, including promotions and/or advertising of products or services; (xi) tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site; (xii) use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity; (xiii) harvest or collect personally identifiable information about other users of the Site; (xiv) restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site); (xv) use the Site to advertise or offer to sell or buy any goods or services without Our express prior written consent; (xvi) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site; (xvii) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; (xviii) remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site; (xix) take any action that creates liability for Us or causes Us to lose any of the services of Our business partners, vendors, or suppliers; or (xx) take any action that would cause us to violate any applicable law, statute, ordinance, or regulation, or that violates the Terms of Use.

Modification and Termination

We may at any time in Our sole discretion modify or discontinue the Site or any portion of the Site; charge, modify, or waive any fees required to use the Site; or offer opportunities to some or all Site users. We reserve the right to make changes, without prior notice to you, to the Terms of Use and such changes will be effective immediately upon posting to the Site. Each time you use or access the Site, you should review the Terms of Use. You can determine when the Terms of Use were last revised by referring to the “Last Updated” legend at the beginning of the Terms of Use. Your continued use of the Site indicates your acceptance of the current Terms of Use.

In addition to any other legal or equitable remedies, we reserve the right to, without prior notice to you, at any time in Our sole discretion to terminate your account, your use of the Site, or the Terms of Use or any of your rights granted under the Terms of Use. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon any termination of the Terms of Use or your account, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to use of this Site in whole or in part. Any termination of the Terms of Use shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination. Upon termination, all provisions of the Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

Disclaimer and Limitation of Liability

We cannot and do not represent or warrant that the Site or its server will be error-free, secure, uninterrupted, free from typographical errors or mistakes, free from inaccuracies, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, AND TRANSACTIONS CONDUCTED THROUGH THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR THAT EMAILS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS OR USE OF THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, INCLUDING OUR EMPLOYEES, OWNERS, MANAGERS, OFFICERS, DIRECTORS, OR AGENTS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM THE USE OF, ATTEMPTED USE OF, OR INABILITY TO USE THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, GENERAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, AND SPECIAL DAMAGES. UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, SYSTEM INTEGRATION, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third-party sites, you do so entirely at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

Indemnification

You agree to indemnify, hold harmless, and release Us, our subsidiaries or affiliates, and our respective owners, managers, officers, directors, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs, and expenses, including, but not limited to, reasonable attorney’s fees, arising from or related to your access, use, attempted use, inability to use or misuse of the Site or noncompliance with the Terms of Use.

Applicable Law

By using the Site, you agree the laws of the state of Nevada, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between you and Us.

Disputes and Remedies

Any dispute, claim, or controversy arising out of or relating to use of the Site or the Terms of Use, including the determination of the scope or applicability of this section, shall be determined by individual arbitration in Clark County, Nevada before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. All arbitrators shall apply the laws of the State of Nevada without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than the State of Nevada. The award of the arbitrator shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.

Any dispute resolution proceeding arising out of or relating to this Agreement, including arbitration, will be conducted only on an individual basis and not in a class, consolidated, or representative action on behalf of others. There is no right for any dispute hereunder to be brought or heard as a class arbitration, class action, or private attorney general action or for the consolidation of arbitrations. Notwithstanding any other provision in this section, and without waiving any party’s right to appeal, if this waiver of class action is held invalid or unenforceable, then the entire arbitration clause in this section (with the exception of this sentence) shall not apply.

If, for any reason, a claim proceeds in court rather than in arbitration, you and We each waive any right to a jury trial. You and We also both agree that you or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Severability

If any of the provisions of the Terms of Use are deemed invalid, void, or for any reason unenforceable, such provision shall be severed from the remainder of the Terms of Use, which shall remain in full force and effect, and shall not affect the validity and enforceability of any remaining provision.

Miscellaneous

The Terms of Use, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Us with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of the Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under the Terms of Use shall operate as a waiver or estoppel of any right, remedy, or, condition. You may be required to agree to additional terms and conditions to access particular sections or functions of the Site. We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense, or pledge the site or Terms of Use, in whole or in part, to any person or entity. You may not assign, sublicense, or otherwise transfer in any manner any of your rights or obligations under the Terms of Use. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. No waiver of any breach or default of the Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. Any section headings used in the Terms of Use are for convenience only.

Contact Us

If you have any questions or comments regarding this Site, please send to:

info@pensprints.com