Online Labels - Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. YOU CAN ACCEPT THE TERMS BY:
i. CLICKING TO ACCEPT OR AGREE TO THE TERMS WHERE THIS OPTION IS MADE AVAILABLE TO YOU BY Online Labels, Inc. IN THE USER INTERFACE FOR ANY SERVICE OR;
ii. BY ACTUALLY USING THE SERVICES. IN THIS CASE YOU UNDERSTAND AND AGREE THAT Online Labels, Inc. WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS FROM THAT POINT ONWARDS.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES. Online Labels, Inc.'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Online Labels, Inc., ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The purpose of this website, Online Labels (the "Site"), owned and operated by Online Labels, Inc. ("Online Labels" or "we"), a Florida corporation, is to provide; (i) labeling products, (ii) label related information (iii), label related templates, (iv) and label creation software. The Site is intended for persons and entities wishing to purchase and create labels. The Site is accessed by you ("User" or "you") under the following terms and conditions:
1. ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, Online Labels, Inc. may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Online Labels, Inc. performs for you, as well as the offering of any content on the Site. Online Labels, Inc. may change, suspend or discontinue the Services at any time, including the availability of any feature, tool, database, or content. Online Labels, Inc. may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Online Labels, Inc. reserves the right, at its discretion, to modify these Terms and Conditions at any time by posting a notice on the Site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications.
Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You certify to Online Labels, Inc. that if you are an individual (i.e., not a corporate entity) you are (a) of legal age to form a binding contract with Online Labels, Inc. and (b) not barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. If you are under eighteen (18) years old, you may use the Site only with the consent and under the supervision of a parent or legal guardian.
In any case the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. You certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. Online Labels, Inc. makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the Content (as defined herein) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Online Labels, Inc. will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there may be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Online Labels, Inc. to minimize such disruption where it is within Online Labels, Inc.'s reasonable control. YOU AGREE THAT NEITHER Online Labels, Inc. NOR THE SITE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT. Online Labels, Inc. retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. SITE CONTENT
The Site and its contents are intended solely for the use of Online Labels, Inc. Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, other than content developed or posted by User ("User Content") including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, audio and video, and animations ("Content") are the property of Online Labels, Inc. and/or third parties and are protected by United States and international copyright laws. As between you and Online Labels, Inc., however, you own and retain sole and exclusive right, title and interest in and to all of your User Content. All trademarks, service marks, and trade names which appear on the Site (other than those appearing in any User Content) are proprietary to Online Labels, Inc. and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. Except in the event that you purchase rights to Content displayed for sale on the Site, you may download or copy the Content, and other items displayed on the Site for download, for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Downloading, copying, or storing any Content (other than User Content) for other than personal, noncommercial use is expressly prohibited without prior written permission from Online Labels, Inc., or from the copyright holder identified in such Content's copyright notice. In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the "Software") is licensed to you by Online Labels, Inc. or third party licensors for your personal use, and no title to the Software shall be transferred to you. Online Labels, Inc. or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information , or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.
Online Labels, Inc. reserves the right to remove any User Content from the Site, suspend or terminate your right to use the Services at any time at its discretion, or pursue any other remedy or relief available to Online Labels, Inc. and/or the Site under equity or law for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Online Labels, Inc. is concerned that you may have breached the immediately preceding sentence ). You are responsible for all Content posted or developed under your username, including Content contributed by a third party whom you have authorized to post Content under your username (whether in the form of artwork, comments to a forum, or any other form). If you believe User Content residing on the Site infringes a copyright, please see our Copyright Policy.
Any comments, suggestions, or feedback relating to the Site or the Services (collectively "Feedback") submitted to Online Labels, Inc. shall become the property of Online Labels, Inc. or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Online Labels, Inc. user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will you use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you or others you have authorized to post Content under your account.
4. WARRANTY DISCLAIMER
Online Labels, Inc. has no special relationship with or fiduciary duty to you. You acknowledge that Online Labels, Inc. has no control over, and no duty to take any action regarding: which Users gain access to the Site; which Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Online Labels, Inc. does not monitor the Content of the Site and takes no responsibility for such Content. You release Online Labels, Inc. from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Online Labels, Inc. makes no representations concerning any content contained in or accessed through the Site, and Online Labels, Inc. will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
ALTHOUGH Online Labels, Inc. AND THE SITE WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER Online Labels, Inc. NOR THE SITE IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Online Labels, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY LAW, Online Labels, Inc. DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT Online Labels, Inc. IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE INCLUDING BUT NOT LIMITED TO DOWNLOADS OF CONTENT POSTED BY USERS WITHOUT PAYMENT IN VIOLATION OF THESE TERMS AND CONDITIONS; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. THIRD PARTY WEBSITES
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Online Labels, Inc. or the Site. Unless explicitly otherwise provided, neither Online Labels, Inc. nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Online Labels, Inc. and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Site or Online Labels, Inc. with respect to such sites and third party content.
6. REGISTRATION AND SECURITY
As a condition to using Services, you will be required to register with Online Labels, Inc. and enter an email and password. You shall provide Online Labels, Inc. with accurate, complete, and updated registration information, including your e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not select or use an email in a name of another person with the intent to impersonate that person. You shall be responsible for maintaining the confidentiality of your Online Labels, Inc. password. You are solely responsible for any use of or action taken under your password and accept full responsibility for all activity conducted through your account and agree to and hereby release the Site and Online Labels, Inc. from any and all liability concerning such activity. You agree to notify Online Labels, Inc. immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
You will indemnify and hold Online Labels, Inc., its directors, officers and employees (the " Online Labels, Inc. Indemnified Parties"), harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, your violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
8. LIMITATION OF LIABILITY
LIMITATION OF LIABILITY. IN NO EVENT SHALL Online Labels, Inc., ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. Online Labels, Inc. AND THE SITE'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THREE HUNDRED UNITED STATES DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
9. SERVICE USAGE LEVELS AND PAYMENTS RELATED TO MAESTRO LABEL DESIGNER SERVICE
There are 3 options for usage of Maestro Label Designer: (i) Free trial with watermark. The free trial option of Maestro Label Designer is subject to a "watermark." This mark will be visible with all designs printed in the trial mode of Maestro Label Designer. (ii) Free activation code with label purchase from Online Labels, Inc. Free Maestro Label Designer access is based upon label purchases with Online Labels, Inc. and structured on monthly access, derivative of the user's purchase size. Each purchase amount correlates with a set monthly increment of access. The label purchase amounts and access are further described on our Maestro Label Designer page. (iii) Pre-purchase of activation codes for the software. Maestro Label Designer activation codes can be purchased in 1, 3, 6 or 12 month increments. Activation code pricing is further described at the Maestro Label Designer Pricing Page.
Free and pre-purchased activation codes must be activated within 1 year of their original issue date. Online Labels, Inc. reserves the right to change its pricing and to institute new (including higher) charges for Maestro Label Designer at any time; however Online Labels, Inc. will make best efforts to notify Maestro Label Designer Users of any change in pricing prior to such change taking effect by posting the change on the Site and/or e-mailing it to Maestro Label Designer Users along with a link to the modified fee schedule.
Online Labels, Inc. will not honor any refund requests for any paid Online Labels, Inc. Services, including without limitation to Maestro Label Designer Membership account payments, more than thirty (30) days after User last submitted payment to Online Labels, Inc. Should the need to request a refund arise, Online Labels, Inc. support can be contacted on our support section.
If your payment cannot be processed or is returned for any reason, including insufficient funds, Online Labels, Inc. reserves the right to immediately suspend and/or terminate your access and your account, thereby terminating this Agreement and all obligations of Online Labels, Inc. hereunder. In such event, Online Labels, Inc. will have no obligation to return any image, data or other information previously provided by you to the Site.
10. DESIGNER MARKETPLACE TERMS & CONDITIONS
The Designer Marketplace provides an online platform that helps connect customers who wish to purchase designs ("Customers") and designers who wish to provide such designs ("Designers"). "User" means any user of the Site or Service, and may be a Designer or a Customer. If you as a customer commit to purchasing a design from a designer you are responsible for all transactions and dealings with said designer. It is up to you as a customer to research the designer to ensure legitimacy and quality of work. If as a customer you commit to working with a designer you are fully responsible for any agreements made for services rendered. By agreeing to these terms as a user you accept that Online Labels is in no way liable for any interactions, transactions or information exchanged between users. By posting a job, the user gives Online Labels permission to give out their email to the specified designers. If, as a designer you commit to fulfilling a job posting for a customer you are responsible for all content and dealings with said customer and any agreements made. Accepting a job posting gives Online Labels permission to give out your email address to the customer. The designer is responsible for any content posted or sold and Online Labels has the right to remove any content without notification. If any content that is displayed or sold to a customer is copyrighted or licensed to anyone other than the designer, the designer is liable for any copyright or trademark infringements. Online Labels is in no way involved in the transactions between the designers and customers or any promises made between said users.
11. BLANK & PRE-DESIGNED LABEL TEMPLATES
Any template or printable uploaded by a user is for free use for all customers or visitors to Online Labels. By uploading content to this section you give Online Labels permission to use and distribute all content as we see fit. As the user you are responsible for all content provided. Online Labels has the right to remove or modify any templates or printables submitted without notification. If any content added is copyrighted or licensed Online Labels will remove it upon request but is not responsible for the act of uploading or any potential distribution of said artwork.
Either party may terminate the Services at any time by notifying the other party by any means. Online Labels, Inc. may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, and access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site and the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Online Labels, Inc. or the Site, including without limitation any indemnification obligations contained herein.
Online Labels, Inc. may provide support services via Internet co-browsing, whereby it will access, and if permitted by the customer, control and gather information on the customer's browser through the initiation of a co-browsing session. Online Labels, Inc. recommends that customers close all files and applications that are not pertinent to the support required. The co-browsing software will allow the customer to terminate the support session at any time.
Important - Online Labels, Inc. may be obligated as a matter of law and policy to report to law enforcement certain images if viewed during a session.
This agreement shall be governed by and construed in accordance with the laws of Florida without regard to the conflict of law's provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Online Labels, Inc. in any respect whatsoever. Any notice to the Site that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Online Labels, Inc. 2021 E. Lake Mary Blvd., Sanford, Florida 32773 USA, Attn: Legal Department.