You may use mailing list data and information you purchase on or through Vistaprint’s website (the “Data”) solely as address lists or telemarketing lists for your own direct marketing programs, and for no other purpose. Data is for list rental purposes only. You may use the Data an unlimited number of times in a 12 month period from the date of purchase. It is your responsibility to cease use of the original Data and purchase replacement Data after said 12 month period.
You acknowledge that the Data shall at all times remain the intellectual property of the Data providers that provided the Data to Vistaprint’s licensors and suppliers (including AccuData), and that you do not have any proprietary rights whatsoever in such Data.
Without limiting the generality of the foregoing, you may not sell, convey, pledge, lease, license, or otherwise transfer any such Data to any third party.
Your marketing communications used in connection with any Data ordered by or for you shall not make reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation or the source of recipients name, address, and/or telephone number; the communication shall comply with all applicable privacy and data protection laws, rules and regulations.
Vistaprint and its licensors and suppliers make no warranties to you whatsoever as to the quality, accuracy or any other aspect of the Data. Vistaprint AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE DATA.
You acknowledge that the U.S. Federal government, certain states and self-regulatory bodies may each have restrictions on telemarketing activities, including but not limited to permitting a telephone subscriber to give public notice that such subscriber does not wish to receive sales solicitation telephone calls. Due to the varying publication dates of such notices, Vistaprint and its licensors and suppliers disclaim any warranty, express or implied, that the names and telephone numbers of all such subscribers have been identified on or deleted from the Data ordered by or for you.
You understand and warrant that you will comply with the rules relating to any Do-Not-Call Registry (“DNC Registry”) promulgated by federal, state or self-regulatory bodies, specifically including those rules that:
(1) Require all sellers who initiate, or cause a telemarketer to initiate, an outbound telephone call that is not otherwise exempt to pay the appropriate fees for any DNC Registry,
(2) Require all telemarketers who initiate an outbound telephone call that is not otherwise exempt on behalf of a seller to ensure that the seller has paid all appropriate fees for any DNC Registry, and
(3) Require any company performing DNC list scrubbing on behalf of a seller to ensure that it is scrubbing the calling lists against that seller’s and only that seller’s version of the DNC list.
You certify under the penalty of law that you will use the information gathered from any DNC Registry solely to comply with the provisions of any regulatory or self-regulatory body or otherwise to prevent telephone calls to telephone numbers on the registry.
You will not use the Data in connection with the preparation, publication, cleaning or maintenance of any directory of any nature, or posting on the Internet. You will not use the Data in connection with individual credit, employment or insurance applications. You will not use the Data in violation of any federal, state, or local laws, rules or regulations or for any unlawful purpose, and you will comply with the Direct Marketing Association's Ethical Use and Fair Information Practices Guidelines. You agree to comply with both federal and state laws concerning the transmission of facsimiles. You understand that any person violating such laws may be subject to civil and criminal penalties, which may exceed $500 for each transmission of any unsolicited facsimile.
In addition to the restrictions set forth above, in no event may you use any Data to advertise, sell, or exchange any products or services that involve sexual paraphernalia; drug paraphernalia; pornographic materials; weapons; credit repair services or other illegal or illicit activities. You agree, for any prospecting use of the Data not involving your house files which include a designation that an individual consumer has opted out of receiving marketing solicitations, to honor such election.