Acceptance of Terms
Jostens, Inc. (“Jostens”) and/or its designees operate this website ("Site") to provide certain services to you, including the ability to upload and view photographs and design personalized photo invitations, each as described and limited in various areas of the Site (collectively, the “Services”).
Responsibility for Your Images. You are responsible for all of the images you upload, share or copy using the Services. By uploading, sharing, or printing an image, you represent and warrant to Jostens that you have the legal right to do so, that you own the copyright in the image and/or have the right to license Jostens to use, copy, print, distribute and display that image, that the images do not contain any content that violates any applicable law or regulation, that the image is not defamatory and does not invade the privacy or other rights of any third party, that you agree to waive all moral rights in the image and to assign to Jostens the benefit of any waiver of moral rights you hold in the image, and that any identifiable person in the images has consented to the use and disclosure of the image.
Image Rights. Jostens does not claim ownership rights in any image contained in your account. In order to enable us to display your images through the Services and fulfill any orders for you, you grant to Jostens a non-exclusive, royalty-free, perpetual, worldwide license to use, copy, print, distribute, transmit, reproduce, edit, modify, reformat and display those images and to sublicense this right, to the maximum extent permitted by applicable law. This license shall survive and continue, even if you are no longer a user of the Site.
Monitoring of Content. Jostens does not control the content of your account or project and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service. Notwithstanding the foregoing, Jostens reserves the right to monitor or remove any content, including without limitation digital images, for any reason, in its sole discretion.
Copyright. The Site and the Content are protected by U.S. and international copyright laws and treaties, and belong to Jostens or its partners, affiliates, contributors or third parties. Except as specifically authorized herein: (a) you may not reproduce, publicly display, modify, transmit, publish, transfer, or distribute the Content, and (b) you may not manipulate or alter the Content in any way without permission from Jostens.
Registration; Use of Services. To purchase from or register as a member or use the Services you must be over the age of 13. If you are under 18 years old, you must obtain your parents’ consent to register. You agree that the information that you provide to us will be true, accurate, current and complete. You also agree that you will ensure that this information, including your e-mail address, is kept accurate and up to date at all times. This website is not directed to children under the age of 13, and it is Jostens’ policy not to collect personal information on any person under the age of 13.
Security. You acknowledge the Site is not a secure website. If you post or supply any personal or other information or content via the Site, you agree that Jostens will not be responsible for any third party’s unauthorized access to or use of such information or content.
Storage Policy. Jostens may delete any images at any time without notice. Without limiting the foregoing, Jostens may, at its option, terminate access to the Site altogether at any time and for any reason (including deletion of any account information held by Jostens). Jostens may change this storage policy at any time.
Availability. Jostens endeavors to make the Site and the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment or other reasons beyond our control. You agree that Jostens will not be liable to you for any modification, suspension, discontinuance or interruptions in or of the Site or the Services.
Online Conduct. Your use of the Site is subject to applicable local, state, federal and international law. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. With the exception of your digital images, you agree not to add to, subtract from, or otherwise modify the Content. You agree not to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to provide any information to Jostens that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or resell the Service or any portion of the Service. You agree not to use the Site or any of the Content to upload, or transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site (including by using any merchandise or the Services offered on or in connection with the Site). By way of example only, and not as a limitation, you specifically agree not to:
Upload, post, e-mail, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable at Jostens' sole discretion or is otherwise not appropriate for families;
Upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit or communicate or which infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party;
Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
Upload, post, e-mail or otherwise transmit any material that harms minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct.
Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Collect, intercept or harvest screen names, or collect, intercept or store personal data about other users of the Service.
Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law. 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, republication, 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. Without limiting the foregoing, any unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
Disclaimer. THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. JOSTENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE CONTENT, AND ANY PRODUCT OR SERVICES FURNISHED OR TO BE FURNISHED VIA THE SITE. JOSTENS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. JOSTENS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. JOSTENS DOES NOT REPRESENT OR WARRANT THAT ANY OR ALL OF THE CONTENT APPEARING ON THIS SITE IS LEGAL IN YOUR COUNTRY OR JURISDICTION, AND YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LOCAL AND NATIONAL LAWS AND REGULATIONS.
Limitation of Liability. YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. NEITHER JOSTENS NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICES OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH THE SITE, WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO COMPENSATORY, INCIDENTAL, 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 JOSTENS OR THE SITE, OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO JOSTENS RECORDS OR THE SITE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO JOSTENS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY MISTAKE BY JOSTENS, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, JOSTENS WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, JOSTENS’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 IN THE AGGREGATE.
Applicable Law. The Site is controlled by Jostens from its offices within the State of Minnesota, United States of America. Since it can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of Minnesota, by accessing the Site both you and Jostens agree that the statutes and laws of the state of Minnesota, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Site and its Content. Jostens makes no representation that the Content is appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third-party content.
Security Rules. You agree not to violate or attempt to violate the security of the Site, including without limitation: (a) accessing data that is not intended for your 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 host, network or other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
Cooperation and Revisions. Jostens reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by Jostens to law enforcement authorities or other relevant or related third parties. JOSTENS RESERVES THE RIGHT TO CHANGE THE FOREGOING TERMS AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING INFORMATION POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED VISITS, USE OF THE SERVICES AND/OR PURCHASE OF MERCHANDISE THROUGH THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED BY ANY POSTED CHANGES.
Software. Any software that may be available for download via the Site is the copyrighted work of Jostens and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Jostens therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Jostens does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Assignment. Jostens may assign its rights and responsibilities hereunder without notice.
Prices. All prices are stated in U.S. dollars and are valid until altered by Jostens. Prices do not include taxes, shipping, handling and processing fees, or any import duties that may be added by the order destination country. All relevant taxes and other charges will be added to your order during the checkout process. In the event that you order products and the price published on the Site was incorrect, Jostens will contact you to let you know the correct price and ask you whether you still wish Jostens to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only. No contract will exist between you and Jostens for the supply of any services or products unless and until Jostens accepts your order.
Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
DATE OF LAST MODIFICATION
October 14, 2008
Notice and Procedure for Making Claims of Copyright Infringement
The Jostens Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached by sending a letter via the U.S. Mail to:
3601 Minnesota Drive, Suite 400
Minneapolis, MN 55435
Notification: To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jostens to locate the material;
- Information reasonably sufficient to permit Jostens to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
- Jostens shall remove or disable access to the material that is alleged to be infringing;
- Jostens shall forward the written notification to such alleged infringer (the "Alleged Infringer");
- Jostens shall take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Counter Notification: To be effective, a Counter Notification must be a written communication provided to the Jostens Designated Agent that includes substantially the following:
- A physical or electronic signature of the Alleged Infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which Jostens may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
To view Jostens complete Terms and Conditions, click here.
- Jostens shall promptly provide the Complaining Party with a copy of the Counter Notification;
- Jostens shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Jostens shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Jostens's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Jostens' network or system.