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Legal Notices :
Terms & Conditions of Use


All visitors to this site agree to be bound by the following conditions:

Acceptance of Terms
Use of Site
Responsibility for Your Images and Other Content
Image and Other Content Rights
Monitoring of Content
Copyright
Trademarks
Registration; Use of Services
Security
Storage Policy
Privacy
User-Supplied Information
Availability
Online Conduct
Disclaimer
Limitation of Liability
Indemnification
Applicable Law
Links to Other Websites and Services
Security Rules
Cooperation and Revisions
Software
General Provisions

Acceptance of Terms   back to top
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").

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions.

Jostens reserves the right to modify the Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

 Use of Site.   back to top
You may use the Services, the Site, and the information and/or content that you see, hear or otherwise experience on the Site (collectively, the "Content") solely for your non-commercial, private purposes. Except as otherwise set forth in these Terms of Use, no right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Jostens reserves all rights in all Content other than any digital images or other content that you own and post and/or upload to the Site. Please note that, if you are a student, inappropriate conduct on the Site or the uploading of inappropriate images or content may subject you to disciplinary actions imposed by your school. For collegiate users, please note that no photographs or any other images of student athletes who have current or remaining collegiate athletic eligibility should be used on this Site, with the Services or in any product submitted using this Site. Such use may cause a student athlete or a collegiate institution to violate the rules of the NCAA or a governing body of any intercollegiate athletic conference. The products you create using this Site are for personal use only and may not be resold.

Responsibility for Your Images and Other Content.   back to top
You are responsible for all of the images and other content you upload, share or copy using the Services. By uploading, sharing, or printing an image or other uploaded content, 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 content and/or have the right to license Jostens to use, copy, print, distribute and display that image and/or content, that the images and/or other content do not contain any content that violates any applicable law or regulation, that the image and/or other content 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/or other content and to assign to Jostens the benefit of any waiver of moral rights you hold in the image and/or other content, and that any identifiable person in the images and/or other content has consented to the use and disclosure of the image.

Image and Other Content Rights.   back to top
Jostens does not claim ownership rights in any image or other content contained in your account. In order to enable us to display your images and other content 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 other content 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   back to top
Jostens does not control the content of your account or project and does not have any obligation to monitor, edit or screen such content for any purpose. Although we prohibit certain activities in these Terms of Use, Jostens takes no responsibility or liability for any content or material you may encounter through the use of the Service or the Site. You acknowledge that you are solely responsible for all content and material you provide to the Service. Notwithstanding the foregoing, Jostens reserves the right, and has the absolute discretion, to remove, screen or edit any content, including without limitation digital images, for any reason, at any time, without notice, in its sole discretion.

Copyright.   back to top
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.

Trademarks.   back to top
Nothing in these Terms of Use grants any license to you to use Jostenss name or trademarks in any manner. You are prohibited from using any of the marks or logos appearing throughout the Site without the express written consent from the trademark owner, except as permitted by applicable law.

Registration; Use of Services.   back to top
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.   back to top
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.   back to top
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.

Privacy.   back to top
Jostens has a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of our privacy policy are incorporated into these Terms.

User-Supplied Information.   back to top
Jostens does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post or upload to the Site will be considered non-confidential and non-proprietary. If you supply or post or upload any information or material to the Site, you guarantee to us that you have the legal right to post or upload such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Jostens the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material (other than your digital images, which will be used by Jostens as further described in these Terms of Use), in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

Availability   back to top
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.   back to top
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   back to top
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.   back to top
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.

Indemnification   back to top
You understand and agree that you are personally responsible for your conduct on the Site. You agree to indemnify, defend and hold harmless Jostens, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Services, or the Content, or any violation by you of these Terms of Use or any other agreement between you and Jostens.

Applicable Law   back to top
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.

Links to Other Websites and Services.   back to top
Any links on the Site to third-party websites are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Jostens of the third party, the third-party website, or the information contained therein. Jostens is not responsible or liable for any third-party website or the availability or content of such websites. If you use these links, you will leave the Site, and will be subject to the terms of use and privacy policies applicable to those websites.

Security Rules.   back to top
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.   back to top
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   back to top
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.

General Provisions.   back to top

  • Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Jostens of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  • 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.
  • Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Jostens’ Privacy Policy, your use of the Site, any other Jostens website, the Services, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be exclusively venued in a state or federal court located in the State of Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.
  • 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:  January 17, 2010


© 2014 Jostens, Inc. All rights reserved.