Terms of Use

Last Updated: March 20,
2005

 

Welcome to the User Agreement for any online viewing technology
provided on this site by Wester Premier
Promotions.
This agreement describes the terms on which you may access and use
this service. In order to become a user, you must read and accept all of the
terms and conditions of this agreement and the Privacy Policy. If you do not
agree to be bound by the terms, you may not use or access our
services.

 

We reserve the right to modify this Agreement at any time, and
without prior notice, by posting amended terms on this website. Your continued
use any service offered through our site indicates your acceptance of the
amended User Agreement.

 

Description of
Service

Any online viewing technology is an online service offered by
promotional product professionals to their customers to visualize and create
decorated or LOGO merchandise more accurately prior to purchase.  This software
provides tools for the website Host to communicate and process your orders more
efficiently and accurately by displaying artwork in the designated location on
the merchandise.

 

Use of
Service

Your use of this online viewing service is governed by this User
Agreement. Wester Premier Promotions may refuse service
without prior notice to any user for any or no reason.

 

You are responsible for maintaining the confidentiality of any
required password or account, and are fully responsible for all activities that
occur under your password or account with or without your knowledge. If you
knowingly provide your login and password information to another person, your
account privileges may be suspended temporarily or terminated. You agree to
immediately notify Wester Premier Promotions of any unauthorized use
of your password or account or any other breach of security. Wester Premier
Promotions
cannot and will not be liable for any loss or damage arising from
your failure to comply with this section.

 

Termination
You agree that
Wester
Premier Promotions
may, with or without cause, immediately terminate your account and
access to part of the WPP site without prior notice. Without limiting the
foregoing, the following will lead to a termination by Wester Premier
Promotions
of a user’s use of any of the custom logo viewing areas (a) breaches
or violations of this User Agreement or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) unexpected technical
issues or problems, and (e) extended periods of inactivity. Termination of the
account includes (a) removal of access to all offerings within logo viewing
service, (b) deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof), and (c)
barring further use of the viewing service. Further, you agree that all
terminations shall be made in Wester Premier
Promotions’s
sole discretion and that Wester Premier
Promotions
shall not be liable to you or any third-party for any termination of
your account or access to the services offered.

 

User
Conduct

You understand and agree not to use Wester Premier
Promotions
to:

 

 

  • Post content or initiate
    communications which are unlawful, libelous, abusive, obscene, discriminatory,
    or otherwise objectionable.
  • Use any logo viewing
    areas for any illegal purpose, including but not limited to conspiring to
    violate laws.
  • Falsely state,
    impersonate, or otherwise misrepresent your identity, including but not limited
    to the use of a pseudonym, or affiliations with a person or entity, past or
    present.
  • Upload, post, email,
    transmit or otherwise make available any content or initiate communications
    which include information that you do not have the right to disclose or make
    available under any law or under contractual or fiduciary relationships (such as
    insider information, or proprietary and confidential information learned or
    disclosed as part of employment relationships or under nondisclosure
    agreements).
  • Upload, post, email,
    transmit or otherwise make available any content or initiate communication that
    infringes upon patents, trademarks, trade secrets, copyrights or other
    proprietary rights.
  • Collect or store
    personal data about other users, including but not limited to information about
    another user’s work experience, skills, or reputation information.
  • Upload, post, email,
    transmit or otherwise make available any unsolicited or unauthorized
    advertising, promotional materials, “junk mail,” “spam,” “chain letters,”“pyramid schemes,” or any other form of solicitation.
  • Upload, post, email,
    transmit or otherwise make available 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.
  • Stalk or harass anyone.
  • Forge headers or
    otherwise manipulate identifiers in order to disguise the origin of any
    communication transmitted through any services offered.
  • Interfere with or
    disrupt the servers or networks connected to the WPP site, or disobey any
    requirements, procedures, policies or regulations of networks connected to the
    WPP site and service.

 

International
Use

Recognizing the global nature of the Internet, you agree to
comply with all applicable local rules including but not limited to rules
regarding online conduct and acceptable content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.

 

Information Provided on
this Website

In the course of using any custom logo viewing services, users
may provide information about themselves which may be visible to certain other
users (see our Privacy Policy to learn more about information collected on this
website). You understand that by posting materials on the Wester Premier
Promotions
website or otherwise providing materials to Wester Premier
Promotions
, you are granting to Wester Premier
Promotions
a royalty-free, perpetual, irrevocable license to use this
information in the course of offering connects to any logo viewing service.
Furthermore, you understand that Wester Premier
Promotions
retains the right to reformat, excerpt, or translate any materials
submitted by you. You understand that all information publicly posted or
privately transmitted through the service is the sole responsibility of the
person from which such content originated and that Wester Premier
Promotions
will not be liable for any errors or omissions in any content. You
understand that Wester Premier Promotions cannot guarantee the
accuracy of any merchandise information within the Wester Premier
Promotions
database. Additionally, we cannot guarantee the authenticity of any
data which Vendors may provide about themselves or merchandise they sell within
any connected logo viewing service.

 

Access to
Service

Use of manual or automated software, devices, or other processes
to “crawl” or “spider” any web pages contained in the Wester Premier
Promotions
website is strictly prohibited. You agree not to monitor or copy, or
allow others to monitor or copy, our web pages or the content included herein.
You also agree not to “frame” or otherwise simulate the appearance or function
of this website. Furthermore, you agree not to take any action that interferes
with the proper working of or places an unreasonable load on our infrastructure,
including but not limited to unsolicited communications, attempts to gain
unauthorized access, or transmission or activation of computer
viruses.

 

Communications
In the course of
providing you services, Wester Premier
Promotions
may need to communicate with you via email (see our Privacy Policy
to learn more about communications). You agree to receive emails which are
specific to your account and necessary for the normal functioning of services
provided by WPP.

 

Monitoring and
Enforcement

While we have the right to monitor activity and content
associated with any logo viewing service, we are not obligated to do so. And
since we do not, and may not have the ability to, control or actively monitor
content we don’t guarantee its accuracy, integrity or quality. Because community
standards vary and individuals sometimes choose not to comply with our policies
and practices, in the process of using our website, you may be exposed to
content that you find offensive or objectionable. You can contact our Customer
Service Department to let us know of content that you find objectionable. We may
investigate the complaints and violations of our policies that come to our
attention and may take any action that we believe is appropriate, including, but
not limited to issuing warnings, removing the content or terminating accounts
and/or subscriptions. However, because situations and interpretations vary, we
also reserve the right not to take any action. Please remember that you can
always choose to refrain from using any part of any offered logo viewing service
that may expose you to something that you are uncomfortable with. Under no
circumstances will we be liable in any way for any content, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of, access to, or denial of access to any
content on the website.

 

Indemnification
By utilizing the
Wester
Premier Promotions
website you are hereby accepting this User Agreement, you agree to
indemnify and otherwise hold harmless Wester Premier
Promotions
and Wester Premier Promotions, its officers, employees, agents,
subsidiaries, affiliates and other partners from any direct, indirect,
incidental, special, consequential or exemplary damages resulting from i) your
use of any connected logo viewing site ii) unauthorized access to or alteration
of your communications with or through any logo viewing site, or iii) any other
matter relating to the logo viewing services. Any business transactions which
may arise between users from their use of Wester Premier
Promotions
are the sole responsibility of the users involved.

 

You understand and agree that Wester Premier
Promotions
may disclose information if required to do so by law or in the good
faith belief that such disclosure is reasonably necessary to comply with legal
process, enforce this User Agreement, or protect the rights, property, or safety
of Wester Premier Promotions, its users, and the
public.

 

Disclaimer of
Warranties

YOU UNDERSTAND AND AGREE THAT ANY LOGO VIEWING SERVICES ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT Wester Premier
Promotions
DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR
RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUMES NO
RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN
USERS. Wester Premier Promotions EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.

 

Wester Premier
Promotions
MAKES NO WARRANTY THAT (i) ANY LOGO VIEWING SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE LOGO VIEWING SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY
LOGO VIEWING SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE LOGO VIEWING SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
LOGO VIEWING SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Wester Premier Promotions OR THROUGH OR FROM THE
LOGO VIEWING SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER
AGREEMENT.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.

 

Entire
Agreement

The User Agreement constitutes the entire agreement between you
and Wester Premier Promotions and governs your use of
the LOGO emPowered Service, superceding any prior agreements between you and
Wester
Premier Promotions.

 

Limitation of
Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Wester Premier
Promotions
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
Wester
Premier Promotions
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL Wester Premier
Promotions’S
TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

 

Governing
Law

The User Agreement between you and Wester Premier
Promotions
will be governed by and construed in accordance with the laws of the
State of WI without regard to conflict of laws principles.

 

General
Information

Wester Premier Promotions, the Wester Premier
Promotions
logo are trademarks of Wester Premier
Promotions
.  You agree not to display or use these trademarks in any manner
without Wester Premier Promotions’s and/or Wester Premier
Promotions’s prior written permission. The section titles of this User Agreement
are displayed for convenience only and have no legal effect. Please send any
questions or comments, or report violations of the User Agreement to:

 

Wester Premier Promotions
248 Bastogne Ct.
Belgium WI, 53004