Terms of Service
Last Updated: January 24, 2019
SWINGLABELS.COM IS OWNED
AND OPERATED BY SWING LABELS, INC. BY VISITING, USING AND/OR REGISTERING WITH
THE SWINGLABELS.COM WEBSITE ("SITE"), YOU (REFERRED TO HEREAFTER
AS
"YOU", "YOUR" OR "USER") AGREE TO BE BOUND BY
THE
FOLLOWING TERMS AND CONDITIONS (THE "TERMS & CONDITIONS"). THE
TERMS & CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND
SWING LABELS, INC. (HEREAFTER ALSO REFERRED TO AS "WE",
"US", OR "OUR") AND GOVERN ANY AND ALL USE OF THE SITE
BY
ANY AND ALL USERS OF THE SITE AND ANY SERVICES OFFERED THEREFROM. IF YOU DO
NOT
AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ANY
SERVICES
OFFERED OR ACCESSED THROUGH THE SITE. IF YOU (OR THE BUSINESS ENTITY WHOM YOU
REPRESENT OR ARE ACTING ON BEHALF) HAVE A SEPARATE AGREEMENT WITH, SWING
LABELS, INC., THE TERMS OF THAT SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT
THEY ARE INCONSISTENT WITH OR OTHERWISE CONFLICT WITH ANY OF THE TERMS &
CONDITIONS.
Copyright Notice
You acknowledge that all content included on this Site,
including, without limitation, the information, data, software, photographs,
graphs, typefaces, graphics, images, illustrations, maps, designs, icons,
written and other material and compilations (collectively, "Content")
are intellectual property and copyrighted works of Swing Labels, Inc., its
licensees, and/or various third-party providers ("Providers").
Reproductions or storage of Content retrieved from this Site, in all forms,
media and technologies now existing or hereafter developed, is subject to the
U.S. Copyright Act of 1976, Title 17 of the United States Code. Except where
expressly provided otherwise by us, nothing made available to users via the
Site may be construed to confer any license or ownership right in or materials
published or otherwise made available through the Site or its services, whether
by estoppel, implication, or otherwise. All rights not granted to you in the
Terms & Conditions are expressly reserved by us.
Corporate Identification and Trademarks
"SwingLabels.com" and any and all other marks
appearing on this Site are trademarks of Swing Labels, Inc. in the United
States and other jurisdictions ("Trademarks"). You may not use, copy,
reproduce, republish, upload, post, transmit distribute or modify the
Trademarks in any way, including in advertising or publicity pertaining to
distribution of materials on this Site, without Swing Labels, Inc.'s prior
written consent. The use of Trademarks on any other website or network computer
environment is prohibited. Swing Labels, Inc. prohibits the use of Trademarks
as a "hot" link on, or to, any other website unless establishment
of such a link is pre-approved by Swing Labels, Inc. in writing.
User Conduct & Eligibility
You are solely responsible for the content and context
of any materials you post or submit through the Site. You warrant and agree that
while using the Site, you shall not upload, post, transmit, distribute or
otherwise publish through the Site any materials which: (a) are unlawful,
threatening, harassing or profane; (b) restrict or inhibit any other user from
using or enjoying the Site; (c) constitute or encourage conduct that would
constitute a criminal offense or give rise to civil liability; or (d) contain a
virus or other harmful component or false or misleading indications or origin
or statements of fact.
As a condition of your use of certain services offered
through the Site, you may be required to register an account with us and must
provide true and accurate account information at all times (including, without
limitation, ensuring that your account information remains current at all
times.) You agree to promptly update your membership information (if
applicable) in order to keep it current, complete and accurate.
Account Security: You are solely responsible for protecting
the confidentiality of your password and may not disclose your password to
any other person. In the event that an unauthorized user gains access to the
password-protected area of the Site as a result of your acts or omissions,
you agree that you shall be liable for any such unauthorized use.
Minimum Age. The Site and its services are intended solely
for persons who are 18 years of age or older. Any access to or use of the Site
or its service by anyone under 18 years of age is expressly prohibited. By
accessing or using the Site, you represent and warrant that you are 18 years
old or older.
Use Restrictions
You may only use this Site to make legitimate requests
to purchase the products or services offered (each, a "Request"), and
shall not use this Site to make any speculative, false or fraudulent Requests.
You may not use robots or other automated means to access this Site, unless
specifically permitted by Swing Labels, Inc. You represent that you are of
sufficient legal age to create binding legal obligations for any liability
you may incur as a result of your use of this Site.
It is a violation of law to place a Request in a false
name or with an invalid credit card. Please be aware that even if you do not give us
your real name, your Web browser transmits a unique Internet address to us
that can be used by law enforcement officials to identify you. Fraudulent users may
be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print
in hard-copy portions of this Site for the sole purpose of using this Site as a
shopping resource. Any other use of materials or Content on this Site,
including reproduction for a purpose other than that noted above without Swing
Labels, Inc.’s prior written consent is prohibited.
In addition to the foregoing and in consideration of being
allowed to use the Site, you agree that the following actions shall constitute
a material breach of the Terms & Conditions:
- Collecting information about the Site or users of the Site without our written consent
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting,
filtering or changing any content or information contained in the Site, without our written consent
- Using any deep-link, page-scrape, robot, crawl,
index, spider, click spam, macro programs, Internet agent, or other automatic
device, program, algorithm or methodology which does the same things, to use,
access, copy, acquire information, generate impressions or clicks, input
information, store information, search, generate searches, or monitor the Site
or any portion thereof.
- Accessing or using the Site for competitive purposes
- Disguising the origin of information transmitted to, from, or through the Site
- Impersonating another person
- Distributing viruses or other harmful computer code
- Allowing any other person or entity to impersonate you to access or use the Site
- Using the Site for any purpose in violation of local, state, national, international laws
- Using the Site in a way that is intended to
harm, or a reasonable person would understand would likely result in harm,
to the user or others
- Circumventing any measures implemented by us
aimed at preventing violations of the Terms & Conditions.
We expressly reserve the right, in our sole discretion, to
terminate a user's access to any or all areas of the Site due to any act that
would constitute a violation of these Terms & Conditions.
Linking to the Site
Creating or maintaining any link from another website
to any page on this Site without our prior written permission is prohibited. Running
or displaying this Site or any material or content displayed on this Site in
frames or through similar means on another website without our prior written
permission is prohibited. Any permitted links to this Site must comply will
all applicable laws, rule and regulations.
Copyright
The Digital Millennium Copyright Act of 1998 (the
"DMCA") provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under U.S. Copyright
law. If you believe in good faith that materials appearing on this Site
infringe your copyright, you (or your agent) may send us a notice requesting
that the material be removed, or access to it blocked. A conforming notice must
contain the following: (a) your name, address, telephone number, and email
address (if any); (b) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to locate the material; (c) statement that you, the complaining
party, has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law;
(d) a statement under penalty of perjury that the information in the
notification is accurate and that you are (or are authorized to act on behalf
of) the owner of an exclusive right that is allegedly infringed; and (d) your
physical or electronic signature as the owner or a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
You can find more information is the U.S. Copyright Ofice
website, currently located at http://www.loc.gov/copyright.
In accordance with the DMCA, Swing Labels, Inc. has designated an agent to
receive notification of alleged copyright infringement in accordance with the
DMCA:
Mailing Address:
Swing Labels, Inc.
Attn: DMCA Agent
PO Box 349
Jaffrey, NH 03452
E-mail Address:copyright@swinglabels.com
Links to Third Party Websites
From time to time, this Site may contain links to websites
that are not owned, operated or controlled by us or our affiliates. All such
links are provided solely as a convenience to you. If you use these links,
you will leave this Site. Neither we nor any of our affiliates are responsible
for any content, materials or other information located on or accessible from any
other website. Neither we nor any of our affiliates endorse, guarantee, or make
any representations or warranties regarding any other website, or any content,
materials or other information located or accessible from such websites, or
the results that you may obtain from using such websites. If you decide to access
any other website linked to or from this website, you do so entirely at your
own risk.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION
MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS
IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SWING
LABELS, INC. DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR
CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE,
OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO CERTAIN USERS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWING
LABELS, INC. - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED
PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT
OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR
OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS
SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL
THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE
AMOUNT PAID BY YOU TO SWING LABELS, INC. FOR THE REQUEST.
Indemnification
You agree to defend, indemnify and hold harmless the Covered
Parties (as defined above) from and against any and all claims, damages, costs
and expenses, including attorneys' fees, arising from or related to (A) your
use of the Site, (B) your breach of the Terms & Conditions, (C) your
dispute with another user, (D) the unauthorized access to any
password-protected area of the Site using your password, and (E) any image
or content being reproduced as part of your order. If using the Site on behalf
of a Third Party (as described below), you agree to defend, indemnify and hold
harmless the Covered Parties as described on behalf of yourself and any Third
Party.
Termination
Swing Labels, Inc. reserves the right to terminate your
account and access to the Site and its services at any time. Termination by
Swing Labels, Inc. may include removal of access to the Service, deletion of your
password, deletion of all related information and files, may include the
deletion of content associated with your account (or any part thereof), and
other steps intended to bar your further use of the Site and its services.
If you become dissatisfied with the Site, your sole and exclusive remedy is to
immediately discontinue use of the Site.
Amendments to Terms & Conditions
Swing Labels, Inc. reserves the right, at our sole
discretion, to change, modify or otherwise alter the Terms & Conditions
at any time. You agree that we may modify the Terms & Conditions and such
modifications shall be effective immediately upon posting. You agree to review
these terms and conditions periodically to be aware of modifications. Continued
access or use of the Site following such posting shall be deemed conclusive
evidence of your acceptance of the modified Terms & Conditions except and
to the extent prohibited by applicable state or federal law.
Changes to the Site
We reserve the right, for any reason, in our sole
discretion, to terminate, suspend or change any aspect of the Site including
but not limited to content, prices, features or hours of availability. We may
impose limits on certain features of the Site or restrict your access to any
part or all of the Site without notice or penalty. You agree that Swing Labels,
Inc. will not be liable to you or to any third party for any such limitation,
modification, change, suspension or discontinuance of the Site.
Miscellaneous
The captions in these Terms & Conditions are only
for convenience and do not, in any way, limit or otherwise define the terms and
provisions of these Terms & Conditions. None of the Covered Parties are
responsible for any errors or delays in responding to a Request caused by an
incorrect email address provided by you or other technical problems beyond
their control. If any provision of the Terms & Conditions is held to be
invalid or unenforceable by a court of competent jurisdiction, then such provision
shall be enforced to the maximum extent possible so as to effect the intent
of the Terms & Conditions, and the remainder of the Terms & Conditions
shall continue in full force and effect. The failure by either you or Swing
Labels, Inc. to exercise or enforce any right or provision of the Terms &
Conditions shall not constitute a waiver of such right or provision. You agree
that any cause of action arising out of or related to the Site or the Terms
& Conditions must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred. All provisions in
the Terms & Conditions regarding representations and warranties,
indemnification, disclaimers, and limitation of liability shall survive the
termination of the Terms & Conditions.
Entire Agreement
These Terms & Conditions, together with the Privacy
Policy and those terms and conditions incorporated herein or referred to
herein, constitute the entire agreement (collectively, the
"Agreement") between you and each Covered Party relating to the
subject matter hereof, and supersedes any prior understandings or agreements
(whether oral or written) regarding the subject matter, and may not be amended
or modified except in writing or by making such amendments or modifications
available on this Site.
Governing Law & Exclusive Venue for Disputes
The internal laws of the State of Massachusetts shall
govern the performance of these Terms & Conditions, without regard to such state's
conflicts of laws principles. You consent to the exclusive jurisdiction and
venue of the state and federal courts located in the County of Worcester in
the State of Massachusetts for all disputes arising out of, or relating to, the
Terms & Conditions and use of this Site or its services.
Notices
Except as explicitly stated otherwise, any notices shall be
given by email to Swing Labels, Inc. at info@swinglabels.com or to you at the
email address you provide to Swing Labels, Inc. Notice shall be deemed given 24
hours after the email is sent, unless the sending party is notified that the
email address is invalid.
How do I contact Swing Labels, Inc.?
Our postal address is:
Swing Labels, Inc
PO Box 349
Jaffrey, NH 03452
We can be reached via email at info@swinglabels.com or
by telephone at 1-603-593-5955.
ORDER TERMS AND CONDITIONS
Payment
All prices and amounts shown on this Site are in U.S.
Dollars (USD), unless otherwise noted. All prices set forth on the Site and
stated herein are based on current costs and subject to change without notice
and payment amounts and other terms may be subject to additional agreements
between User and Swing Labels, Inc.
If a User submits an order on the Site to purchase printing
products, design services or other services, the User agrees that all charges,
taxes and shipping/handling fees will automatically be charged to the credit
card or paid by User with an approved payment method.
Return & Refund Policy
At Swing Labels, Inc., we strive to provide our Users
with the best possible printing experience. If you are not 100% satisfied with your
order for any reason, please contact our customer service department. Our
representative will document your complaint.
All policies are subject to change without prior
notification. Defective product refunds and reprints shall not exceed the
amount paid by the User or $1,000.00 (whichever is less). Determination of
defect is at the sole discretion of Swing Labels, Inc. In most cases, Users
will be requested to submit digital photos documenting the product defect
and/or ship the defective products back to customer service. Turnaround and
shipping for reprint orders will vary depending upon available production capacity
and manager's discretion.
Sales Tax Policy
Swing Labels charges sales tax on orders picked-up from or
shipped to an address within the state of Massachusetts unless you are tax
exempt. If you are tax exempt, you need to send or fax to us your tax exemption
certificate.
If, after the User has paid the invoice, it is determined
that more tax is due, then the User must promptly remit the required taxes
to the taxing authority or immediately reimburse the provider for any additional
taxes paid.
Cancellation
An order may not be canceled once it is "In
Production". If the order is still in the preflight or proofing stage,
it may be canceled
No Liability for Errors
Swing Labels, Inc. is not liable for errors in a final product caused by any of the following reasons:
- Spelling, punctuation and grammatical errors
- Low resolution or low quality graphics and images
- Damaged fonts
- Transparency issues
- Overprint issues
- Artwork files that are not created following our specifications
- Variances in color from the conversion of Pantone or RGB colors to CMYK
- Errors in user-selected options such as size, quantity, paper and finish
- Duplicate orders submitted by the User
- Incorrect files uploaded
- Incorrect file orientation
- Cracking on folds
- Cutting variances
- Incorrect or undeliverable shipping address
- Damage to products after delivery to User
User is responsible for reviewing their files and correcting any issues prior to placing the order.