READ THESE TERMS CAREFULLY BEFORE USING
THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE
USE THESE SERVICES. YOUR CLICKING ON THE BUTTON MARKED
“I ACCEPT” AND YOUR CONTINUED USE OF THE
SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE
READ AND ACCEPTED THESE TERMS AND CONDITIONS.
This Internet Web Design and Printing
Services Agreement (the “Agreement”)
is between you and PK GRAPHICS. Your use of the Services
signifies your agreement to the terms and conditions
of use set forth in this Agreement, as it may be
amended from time to time. Please read this Agreement
carefully as it forms a binding contract between
you and PK GRAPHICS.
1. Grant of Rights.
PK GRAPHICS grants you a non-exclusive,
non-transferable, limited right to access, use and
display the Internet access services provided by PK
GRAPHICS, including, without limitation, e-mail, stock
images, and any other services which PK GRAPHICS may
offer (collectively, the “Service”).
You recognize that you are solely responsible
for the content that you make available by means of
the Service, including, without limitation, by posting
on a Web site or in an e-mail, or any means in which
you deliver your print request to PK GRAPHICS. You
agree that if PK GRAPHICS in its sole discretion deems
any content made available by you to be unlawful, fraudulent,
unacceptable, offensive, obscene or otherwise objectionable,
PK GRAPHICS has the right, but not the obligation,
to not accept your submittal. You expressly agree that
PK GRAPHICS shall not be liable to you for any action
PK GRAPHICS takes to remove or restrict access to such
material, nor for any action taken to restrict access
to material posted in violation of any law, regulation
or rights of a third party, including, but not limited
to, rights under the copyright law, trademark law and
prohibitions on libel, slander and invasion of privacy.
PK GRAPHICS has the right to take all reasonable actions
to remove or restrict access to any such material,
including restriction, suspension or termination of
your access privileges and/or deletion of the objectionable
3. Proprietary Materials.
Material accessible to you through the
PK GRAPHICS Service may be the subject of intellectual
property rights, including, without limitation, patents,
copyrights, trademarks and trade secrets. Except as
expressly permitted by the owner of such rights, you
may not reproduce, redistribute, retransmit, publish
or otherwise transfer, or commercially exploit, any
such material. Any material provided by PK GRAPHICS
as a STOCK IMAGE can be used by you for submittal to
PK GRAPHICS in design and printing work, however, you
may not use these images elsewhere.
4. Prohibited Uses.
You expressly agree not to use the PK
GRAPHICS Service in a manner that is prohibited by
any law or regulation, or to facilitate the violation
of any law or regulation.
5. Warranty and Indemnification.
You represent and warrant to PK GRAPHICS
that you will not transmit by means of the Service
any materials of any kind which (i) violate, plagiarize,
or infringe on the intellectual property or contractual
rights of any third party; (ii) are exported in violation
of any law, rule, or regulation governing exports from
the United States; (iii) contain libelous, defamatory,
obscene, pornographic, abusive or otherwise unlawful
material; (iv) contain software viruses or any other
malicious code designed to interrupt, destroy or limit
the functionality of any computer software or hardware
or telecommunications equipment. You further represent
and warrant to PK GRAPHICS that your use of the Service
will at all times comply with all applicable laws,
rules, and regulations. You hereby agree to indemnify,
defend and hold harmless PK GRAPHICS and its employees,
licensors, independent contractors, providers, subsidiaries
and affiliates (collectively, the “Affiliates”),
from and against any and all liability and costs incurred
by the Affiliates in connection with any claim arising
out of any breach by you of the foregoing representations,
warranties and covenants, including, without limitation,
attorneys' fees and costs. You shall cooperate as fully
as reasonably required in the defense of any claim.
PK GRAPHICS reserves the right, at its own expense,
to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you
and you shall not in any event settle any matter without
the written consent of PK GRAPHICS.
6. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL PK GRAPHICS
BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE
OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF
PK GRAPHICS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN NO EVENT SHALL PK GRAPHICS'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION
EXCEED THE SUM OF PAYMENTS MADE FOR PRODUCTS PURCHASED
THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT
EXCEED $500.00. YOU FURTHER AGREE NOT TO JOIN IN ANY
LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE
OF ANY CLASS ACTION LAWSUIT AGAINST PK GRAPHICS ARISING
OUT OF THE USE OF THE SITE.
7. Intellectual Property Rights.
This site is protected by copyright, trademark,
trade dress and other intellectual property rights.
PK GRAPHICS’ logo, and other trademarks, service
marks, logos, product names and service names (collectively,
the “MARKS”) are owned or licensed by PK
GRAPHICS. You agree not to copy, display or otherwise
use any of the Marks without the prior written permission
of PK GRAPHICS. You agree not to upload or transmit
any communications or content of any type that infringes
or violates any rights of any party. It is our policy
not to permit materials known by us to be infringing
to remain on the site. PK GRAPHICS has made every effort
to secure appropriate clearances, licenses or other
agreements for all proprietary intellectual properties
used on this site.
8. Modifications to Agreement.
PK GRAPHICS has the right to modify this
Agreement. Any modification is effective immediately
upon either a posting on the PK GRAPHICS Home Page
(http://www.pkgraphics.com), or upon notice by electronic
mail, or U.S. mail. Any updates, revisions, supplements,
modifications or amendments shall be effective immediately
upon its posting on the Site. You agree that will be
bound by this Agreement, however and whenever it is
updated, revised, supplemented, modified, or amended,
whether you have actual or constructive notice of,
and whether you have used or continue to use the Site
after, the updates, revisions, supplements, modifications
or amendments have been implemented.
9. Entire Agreement.
This Agreement constitutes the entire
understanding of the parties relating to the subject
agreements and understandings, whether oral or written,
relating to the subject matter thereof and supersedes
all prior agreements between you and PK GRAPHICS. Failure
by PK GRAPHICS to enforce any provision of this agreement
shall not be construed as a waiver of any provision
10. Consent to Jurisdiction and
This Agreement is executed in the State
of Florida and it is to be construed under and in accordance
with the laws of the State of Florida. In addition,
both you and PK GRAPHICS consent to jurisdiction of
the County or Circuit or Federal Courts located in
Miami-Dade County, Florida.
Should any of the provisions of this
Agreement be found to be in violation of applicable
law, the remaining provisions shall be in full force
12. Attorneys’ Fees
In any litigation, including breach,
enforcement or interpretation, arising out of or
associated with this Agreement, the prevailing party
in such litigation shall be entitled to recover from
the non-prevailing party reasonable attorney's fees,
costs and expenses through any appeal.
Please check out our other companies:
www.paredespublishing.com and www.miguelparedes.com