Terms and Conditions
1. Acceptance of Terms
This website makes use of a user-driven product customization and fulfillment web service called Sportron, which is hosted and operated by ZenPrint, LLC. By using this website and related services ("Site") you are agreeing to be legally bound by the following Terms and Conditions ("Terms") of this User Agreement ("Agreement"). By accessing this Site on the Internet or World Wide Web you are agreeing to comply with and be bound by the Terms. When using any other Sportron services you are subject to any posted guidelines or rules that may apply to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms. If you have any questions about the Agreement, you may contact us at email@example.com.
2. Description of Service
Sportron sells printing, apparel and promotional products such as business cards, letterhead, envelopes, folded greeting cards, postcards, apparel, promotional products and sales tools through its website. This service is generally described as the purchasing of these printing, apparel and promotional products and/or gifts through Sportron or any of its affiliated websites. Unless specifically stated otherwise, any new features that enhance or modify the current service shall also be subject to these Terms
3. User Account, Password, Security and Termination
Retail customers registering directly on the Sportron website will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Sportron of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sportron cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
You agree that Sportron, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Sportron may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Sportron may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Sportron shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
5. Use of Content / User Drive Content
Sportron grants permission to access and view the Site and to electronically copy and print in hard copy portions of the Site for the sole purpose of submitting an order. Any other use of the Site or the content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, re-publication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or the content. If you violate any of the above, you could be subject to criminal prosecution as well as personal liability for damages in a civil suit; and Sportron will protect its interests to the fullest extent of the law.
You acknowledge that Sportron does not pre-screen print-on-demand submitted Content, but that Sportron and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Sportron may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, Sportron and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to Sportron. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, Sportron. You acknowledge and agree that you are responsible for the creation and compilation of your print-on-demand Content, and that neither Sportron nor any other party involved with the production of any product incorporating such Content, assumes that responsibility. Sportron's production of any product depicting your print-on-demand Content does not indicate that Sportron approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that Sportron may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Sportron, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account. Sportron takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. Sportron reserves the right but not the obligation to remove any materials it deems objectionable. You hereby agree to waive any claims against Sportron and its affiliates, owners, officers, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than Sportron or its affiliates. You hereby agree to indemnify Sportron and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this User Agreement.
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
6. Restrictions of Use of Site
a. Proprietary Rights.
This web Site contains information, text, data, photographic images, designs, logos, graphics and other materials and effects that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Sportron, affiliates or other third parties. You agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. The Sportron logo and web/product service names are also likewise protected. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws. You agree not to use, display or "mirror" any of the content on this Site in any manner without first obtaining permission from the owner of the intellectual property and Sportron.
b. Intellectual Property.
You retain all ownership rights to your Content. However, by submitting Content to Sportron, you grant Sportron a perpetual, worldwide, non-exclusive license to use, reproduce, distribute, and display your Content in accordance with our non-exclusive license agreement.
You acknowledge and agree that the Site and any software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Sportron (excluding the Content) will automatically be deemed to be assigned, granted and transferred by you to Sportron upon their submission or communication to Sportron, and you agree that the same will automatically become the property of Sportron and that Sportron shall be entitled to use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Sportron may elect, forever.
c. Online Conduct.
By using this Site you agree to be subject to all applicable local, state, federal and international law. You agree not to use this Site or any of the contents contained herein for any illegal purpose nor to transmit to or through this Site any material that is illegal, harmful, threatening, defamatory, obscene, hateful, or other objectionable material, or to interfere with, abuse, or otherwise violate the legal rights of any third party using the Site (including by using any products, merchandise or the services offered on or in connection with the Site). You specifically agree not to:
i.Upload, download, post, email, or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, invasive of another's privacy (including but not limited to rights of celebrity, privacy and intellectual property), or racially, ethnically, or otherwise objectionable at Sportron's sole discretion;
ii.Harm minors in any way;
iii.Impersonate any person, entity, corporation, or government, or falsely state your association with said person or entity;
iv.Disguise the origin of any content transmitted through the service;
v.Upload, post, email or otherwise transmit any content that you do not have right to transmit under any law or any contractual or fiduciary relationships;
vi.Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
vii.Upload, post, email, or otherwise transmit any material that contains software or other electronic viruses of any kind, or any computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecom equipment;
viii.Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law
ix.Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
x.Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, interfere with, destroy or limit the functionality or service of any computer software or hardware, servers, networks or telecommunications equipment;
xi.Act in any way that would negatively affect other users' ability to engage in real time exchanges;
xii.Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
xiii.Frame or link to the Site except as permitted in writing by Sportron;
7. Copyright and Trademark Policy
Sportron respects the intellectual property rights of others. We ask our users to do the same. Sportron may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Sportron's Intellectual Property Agent, and provide the following information ("Notice"):
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
b) a description of the copyrighted work and/or trademark claimed to have been infringed;
c) a description of where the claimed infringing Content is located on our Site;
d) your address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Sportron's Intellectual Property Agent can be reached at: firstname.lastname@example.org. If you have copy written, trademarked, or other intellectual property or artwork you wish to have considered for display on the Site, please forward the material to Sportron for consideration. As a policy, Sportron will not sign nor enter into a non-disclosure or confidentiality agreements before looking at submitted art work or other intellectual property.
8. WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.
9. DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Sportron IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, Sportron EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, Sportron SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE OR AS THE MANUFACTURERER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Sportron NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY OF INFORMATION IS SUBJECT TO CHANGE WITHOUT ADVANCED NOTICE.
YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER Sportron NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM Sportron OR THE SITE OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERURRUPTION IN SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUQHOTIZED ACCESS TO Sportron RECORDS OR THE SITE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law.
You agree to indemnify and hold Sportron, its parents, subsidiaries, affiliates, officers, partners, owners and employees harmless from any claim or demand including reasonable attorneys' fees, expert witness fees, and costs of litigation, made by any third party due to or arising out of your use of the service, use of your account by any third
party, the violation of the terms and conditions of usage by you, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
11. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Sportron 's express written consent.
12. Applicable Law
This Site is controlled by Sportron and its owner, ZenPrint, LLC from its offices within the State of Utah, U.S.A. All conflicts and matters relating to or arising out of the use of its Site and contents will be governed under the laws of the state of Utah. You are responsible for compliance with applicable local, state, national or international laws where you use the Site. If you use the Site from outside the United States of America, you are entirely responsible for compliance with all laws, including but not limited to the export and import regulations of other countries in relation to the content and the third party content. Unless otherwise specifically stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies, and other entities located in the United States.
13. Links to other Web Sites, Vendors, and Partners
The Site may contain links to other websites, content or resources. These linked Sites are not under the control of Sportron and Sportron is not responsible for the content of any linked Site or any link contained in a linked Site, or any changes or updates to such Sites. Sportron reserves the right to terminate any link or linking program at any time. Sportron is providing these links to you only as a convenience and does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party Sites linked to this Site, you do so at your own risk and further acknowledge and agree that Sportron shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree not to violate or attempt to violate the security of this Site including without limitation, (a) accessing data that is not intended for our use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning, or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any hose, network, other user, including without limitation sending unsolicited email, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products or services; or (g) attempting to do any of the preceding.
15. Print on Demand Return Policy
Because of the custom nature our printing and product fulfillment processes, we CANNOT accept returns, changes, or offer refunds of an order once an order has been approved online and placed in our system. It is your sole responsibility as the customer to confirm the accuracy of all data, graphics and content contained in your order prior to approving and submitting your order. We fulfill printing and custom product orders automatically from our website, therefore, no one will review or verify the accuracy or visual correctness of your order prior to it being printed or fulfilled. Your order will print exactly as the information was entered and approved by you. Sportron will not be responsible for any incomplete or inaccurate information or for any typos associated with your order.
16. Return Policy
Print Items Return Policy (Business Cards and Print Items)
Because of the custom nature our printing and product fulfillment processes, we CANNOT accept returns, exchanges, or offer refunds of an order from the Business Cards or Print items category on the Sportron website (www.sportronmall.com) once an order has been approved online and placed in our system. It is your sole responsibility as the customer to confirm the accuracy of all data, graphics and content contained in your order prior to approving and submitting your order. We fulfill printing and custom product orders automatically from our website, therefore, no one will review or verify the accuracy or visual correctness of your order prior to it being printed or fulfilled. Your order will print exactly as the information was entered and approved by you. Sportron will not be responsible for any incomplete or inaccurate information or for any typos associated with your order.
Apparel and Promo Items Return Policy
Sportron offers a refund or exchange policy for store items listed in the apparel and promo categories (www.sportronmall.com) within 30 days of the date received. Exchanges will be offered for the first 30 days from the time the item was received by the customer for items that are not worn, washed or damaged and have the original packaging and associated tags. Shipping costs for exchanges will be covered by Sportron - a return label will be provided to you by an Sportron support representative. Please allow 30 days for the exchange process to be completed. Refunds, minus a 10% restocking fee, will be offered for the first 30 days from the time the item was received by the customer for items that are not worn, washed or damaged and have the original packaging and associated tags. Customers are required to pay the necessary shipping costs to return the item to Sportron. Refunds will be processed once the item has been received by the warehouse and the item has been determined to be in acceptable condition.
Returns and Exchanges must be shipped to the Sportron warehouse in Salt Lake City, Utah and CANNOT be dropped off at any local Sportron Fulfillment Center.
Items shipped should be sent to the following address: Sportron Returns 1985 Milestone Drive, Suite A Salt Lake City, UT 84120 USA
If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. If Sportron fails or declines to enforce any right or provision in these terms, it shall in no circumstance constitute a waiver of such right or provision unless acknowledged and agreed to by Sportron in writing. The terms comprise the entire agreement between you and Sportron and supersede all prior or contemporaneous negotiations, discussions, or agreements, if any, whether written or oral, between the parties regarding the subject matter contained herein. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. If you violate these terms, Sportron reserves the right to terminate service to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused services, if applicable.