Last updated: February 16, 2016
Use of Site
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
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.
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.
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.
We respect the intellectual property rights of others. If you believe that any Site Content infringes upon your copyright, please notify us at email@example.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
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.
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
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.
Links to Third-Party Websites
Modification and 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.
Disputes and Remedies
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.
If you have any questions or comments regarding this Site, please send to: