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Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access to and use of [tastefulmenus.com] (the “Site”). By accessing or using the Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions or rules that may be posted on the Site from time to time. All such additional guidelines, restrictions or rules are hereby incorporated by reference into these Terms of Use. Vistaprint Corporation Solutions Incorporated reserves the right to make changes to the Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access the Site. You agree that we may provide all legal communications and notices to you electronically by posting them on the Site or, at our election, by sending an e-mail to the e-mail address you provided to us through or in connection with your use of the Site. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Copyrighted Materials for Limited Use

In connection with your use of the Site, you may be provided or given access to graphics, photographs, images, document layouts, designs, artwork, text, fonts, music, software tools and other information (referred to herein as “Content”). The Site and all Content are the copyrighted property of VCS, its parent company Cimpress N.V. and/or Cimpress N.V.’s other subsidiaries (collectively, “VCS”) or the copyrighted property of parties from whom VCS has licensed such property. All rights in the Site and its Content are reserved worldwide. You are strictly prohibited from retaining, copying, distributing, publishing or using any portion of the Content except as expressly allowed in these Terms of Use. VCS reserves the right to add to, delete from or modify any part of Content at any time without prior notice. Any modifications to Content, whether by you or VCS, remain the property of VCS and its licensors. The design services provided on or through the Site employ a limited number of elements, including icons, fonts, images, color schemes and design effects. VCS reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other VCS customers may use the design services to create designs that have similar or identical combinations of these elements and VCS does not guarantee that your design will not have similarities to items designed and used by other parties. VCS provides no warranty of any kind that the designs created using the Site will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.

Use of Site

You are granted permission to access and use the Site and its Content for the sole purpose of preparing, evaluating and ordering products or services solely through VCS (collectively, “Products”). No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Products from VCS does not entitle you to use any portion of Content apart from the finished Products as they are supplied by VCS. You agree to use the Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. VCS may terminate its service to customers found to be using VCS to engage in undesirable activities. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on the Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize VCS to produce the Products on your behalf. Payments for Products must be made in advance of delivery.

VCS Rights

You grant to VCS a worldwide, non-exclusive, non-transferable, revocable, royalty-free limited license to display, publish and disseminate your trademarks, service marks, logos, graphics, photographs, images, document layouts, designs, artwork, text, fonts, and other materials uploaded or otherwise furnished or created by you to VCS, including any copy or content of any type (collectively, the “Partner Content”), for the sole purpose of exercising its rights and fulfilling its obligations hereunder. You grant VCS the right to copy, modify, create derivative works and vectorize any Partner Content for the purpose of fulfilling your order. You warrant that you have sufficient rights to permit VCS to copy, modify, create derivative works and vectorize any Partner Content for the purpose of fulfilling your order. You reserve all of your rights in the Partner Content worldwide. You grant VCS the right to use and/or display the Partner Content in connection with its marketing activities, including, without limitation, displaying the Partner Content on any website owned or operated by VCS.

Transfer of Title

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification

You agree that you shall indemnify and defend VCS and all parties from whom VCS has licensed portions of Content, and their respective directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the Content.

Disclaimer of Warranty

THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the Products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. VCS does not proof documents created by its customers prior to processing.

Limitation of Liability

IN NO EVENT SHALL VCS OR ITS LICENSORS, SUPPLIERS OR VENDORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT VCS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM VCS OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL VCS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SITE OR THE CONTENT.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to VCS in connection with the operation or content of the Site shall be provided by the submitter and received by VCS on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of VCS. By submitting any such information to VCS, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that VCS shall be free to use such information on an unrestricted basis.

Governing Law; Venue

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, VCS’s Privacy Policy, your use of the Site or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Boston, Massachusetts in the event of any dispute of any kind arising from or relating to these Terms of Use, VCS’s Privacy Policy, your use of the Site or the Content.

Last updated: January 16, 2017