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Vistaprint Business Directory Terms of Use

 
Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of the Vistaprint Business Directory site (the “Site”). By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Vistaprint reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. 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.

Standard for Electronic Transactions

Vistaprint is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Vistaprint Limited, and/or its subsidiaries (referred to herein as “Vistaprint”) or the copyrighted property of customers of the Vistaprint Online Search Service (“Members”) or other parties from whom Vistaprint has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Vistaprint reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Use of Site

You are granted permission to access and use this Site and its Content solely to research and obtain information about the Members whose profiles are published in the Site. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted.

You agree to use this 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 for purposes that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Vistaprint may terminate its service to customers found to be using Vistaprint to engage in undesirable activities.

Members grant permission to contact them for the purpose of inquiring about or ordering their products or services; no other marketing or solicitation rights are granted.

Members submit information, data, text, images, photographs, graphics, sound, video and other content to Vistaprint for inclusion in the Site, including, without limitation, the business name, business address, telephone number and all other data and content (collectively, “Profile Data”). Vistaprint is under no obligation to review any Profile Data submitted, posted or otherwise displayed on the Site and assumes no responsibility or liability relating to any such Profile Data. You may not imply that any Profile Data is any way sponsored or endorsed by Vistaprint.

You may not re-display this Site in frames or utilize any other techniques to republish this Site (or any content on the Site) without the prior express written consent of Vistaprint.

You may not pretend to be someone else (or spoof their identity) when using the Site.

You may not use the Site in any way that imposes an unreasonable or disproportionately large load on Vistaprint’s infrastructure, and/or make any attempts to access the accounts of others, or attempts to penetrate security measures of Vistaprint, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.

Disclaimer of Endorsement

Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Vistaprint. Product and service information is the sole responsibility of each individual vendor.

Third Party Sites

Some of the sites to which you may link from the Site are not owned by Vistaprint (collectively, "Third Party Sites"). Third Party Sites may include, without limitation, sites on which you may bid for and/or purchase products or services. Vistaprint makes no representations whatsoever concerning ( a) the information, software or other material appearing on, or accessible through, any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (b) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information), (c) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (d) the sellers of any products or services advertised or sold on or through any Third Party Site. If you decide to access any of the Third Party Sites linked to the Site, you do so entirely at your own risk. If you are accessing a Third Party Site through a link on the Site, you are advised to read the terms of use and privacy policy of such Third Party Site before you use such Third Party Site.

The Site or Third Party Sites may contain content provided by advertisers or other third parties that may not be suitable for children. Vistaprint asks parents or legal guardians to assist Vistaprint by supervising the activities of children at the Site. Vistaprint does not knowingly collect personal information from children through the Site.

Data Mining Prohibited

You may not use bots, scripts, spiders or any other automated or manual methods or tools to “data mine” or otherwise gather or extract data from the Site, without Vistaprint's prior consent, which consent may be withdrawn by Vistaprint at any time, with or without notice, in Vistaprint's sole discretion. Permission is specifically granted for search engine spiders to crawl the Site, provided the data collected is used for the sole purpose of indexing the Site’s pages for publically-provided WWW search functions, and any data collected from the Site is shown in search results only if attributed and accompanied by links to the original page on the Site.

Consent to Monitoring

Vistaprint is under no obligation to monitor the information residing on or transmitted to the Site. However, anyone accessing the Site agrees that Vistaprint may monitor any queries made to the Site at its sole discretion to (1) comply with any applicable laws, regulations or other governmental requests; or (2) operate the Site properly or to protect itself and its users.

Indemnification

You agree that you shall indemnify and defend Vistaprint and all parties from whom Vistaprint has licensed portions of Content, and their 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 information, content or other material transmitted, submitted or provided by you through the Site (including, without limitation, Vistaprint’s exercise of its rights with respect to such information), or (c) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).

Disclaimer of Warranty

THE SITE AND ITS 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.

Limitation of Liability

IN NO EVENT SHALL Vistaprint OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR 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 Vistaprint HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL Vistaprint BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Vistaprint in connection with the operation or content of this Site shall be provided by the submitter and received by Vistaprint on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Vistaprint. By submitting any such information to Vistaprint, 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 Vistaprint shall be free to use such information on an unrestricted basis.

Governing Law

Vistaprint Limited is based in Hamilton, Bermuda and all transactions take place on Vistaprint's servers located in Bermuda. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of Bermuda. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Hamilton, Bermuda. You agree to submit to the jurisdiction of Bermuda courts and agree that venue in these courts is proper in any such legal action or proceeding.