OnPrintShop : Terms and Conditions

LUSH BANNERS TERMS OF USE

BEVO PARK HOLDINGS, LLC DBA LUSH BANNERS ("LB", “us", "we") owns and operates the websites located at LUSHBANNERS.COM and LUSHBANNERS.COM and any mobile device applications or other applications and platforms that it may have previously, now or in the future own and/or operate (collectively, the “Platform”). Please read these terms of use carefully before using the Platform and services offered by. These terms of use ("Terms of Use" or "Agreement") set forth the terms and conditions of our relationship and for your use of the Platform and the printing, design, and banner fabrication products, services, features, content, applications, mobile device applications, or apps offered by LB (collectively, the "Services") to you (“you”, “your”).

Your use of the Platform and/or the Services, and any or all of their features, is expressly conditioned upon your unconditional acceptance and agreement and compliance with this Agreement. Use of Platform and/or the Services, and any or all of their features, in any fashion, including without limitation ordering any printed materials or other deliverables shall be deemed as unconditional acceptance and agreement with these this Agreement. This Agreement applies to you, whether you are an individual or an entity acting by or through you as its authorized representative, or whether you represent, act or purport to represent or act for or on behalf of another person or entity, or yourself alone. This Agreement applies to you in whatever capacity in which you use the Platform, including but not limited to estates, companies, or individuals.

You understand that by accessing or using the Platform or Services, you are agreeing to comply with and be bound by the terms and conditions contained in this Agreement, which also incorporate LB’s Privacy Policy).

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS AGAINST LB TO BINDING AND FINAL ARBITRATION IN THE UNITED STATES. IN ADDITION, UNDER THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LB ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) OWNER/OPERATORS AND VENDORS WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Use of our Services

You are granted permission to access and use this Platform and Services for the sole purpose of engaging LB to provide various custom and non-custom printed goods, including banners, displays, canopies, stands, and other “large-format promotional displays” products or services (collectively, the “Order” or “Orders”).
You agree to use this Platform and Services in a commercially reasonable fashion in compliance with this Agreement as well as your local laws and regulations, including export and import regulations.
You represent and warrant that at all times you have complied and shall comply with all applicable restrictions arising out of any and all relevant sanctions and export and trade controls legislation, regulations.
By placing an Order on the Platform or through the Services, you represent and warrant that you have all the necessary permissions, rights and authority to place the order and you authorize LB to produce the Orders on your behalf.
You understand that you hereby grant LB a non-exclusive right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded (including any User Content and User Designs, as such terms are defined below) for the purpose of fulfilling your order and rendering the Orders and Services on your behalf. Moreover, you represent and warrant that you have sufficient rights to permit LB to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your Order and/or marketing products or services to you.

Additional Terms

You also understand that from time to time, particularly for business account owners, there might be specific features, pricing, deliverables, that are provided by and through an additional or separate set of contractual terms and conditions, in addition to this Agreement.

Title, Delivery, and Risk of Loss

You agree that the risk of loss and title for any physical Order passes to you upon our delivery by LB to our delivery carrier, courier, or shipping vendor. LB shall not be liable for any delays, loss or damage in transit.
To the extent that LB provides access to any transit insurance coverage options by and through the Services (“Third Party Carriers”), you acknowledge and agree that LB is not in the business of providing insurance and that the Third Party Carriers shall be solely responsible and/or liable for any coverage, claims, or lack of coverage and you shall look solely to any such Third Party Carriers for the coverage of any claims thereunder. You further acknowledge and agree that nothing contained herein is guaranty or warranty for the performance, nor coverage or actions of any Third Party Carriers.
Upon full and complete payment all applicable and due payments have been received on or before the applicable due date, LB will deliver the Orders at the address expressly stated in your order forms, using LB´s customary packaging methods in accordance with your selected delivery option. Any lead time given is estimated.
For any Order that is to be provided to you electronically as a digital file or in digital format, you agree that delivery of such Order is deemed completed either (a) at the time we transmit Order via email or other digital transmission mode selected by and addressed to you or (b) at the time we transmit a notification to the customer that Order is available for download by and through the Platform or Services.
You understand and agree that you must fully inspect and examine all Orders carefully and immediately upon arrival or delivery, and promptly and immediately inform us in writing of any and all non-conformities, or damages, either A) through “proof of delivery” documentation; or B) any documentation indicating acceptance of delivery when the Orders are delivered (collectively, “POD”). A description of the alleged non-conformity, or damage must be given in writing at the time of delivery and signed by or on behalf you as the customer via POD.
If there is NO POD, you must notify LB, by contacting LB in writing (by email to support@lushbanners.com) or by telephone, about any alleged non-conformities or damages within 48 hours after receipt of the Orders.
You understand and agree that LB may, from time to time and at its discretion, deliver or provide an Order or Orders in a single delivery or by and through multiple parts and deliveries and that you will not refuse to take delivery of the Orders as delivered in whole or in parts. Any delay in delivery or defect in an any portion of an Order delivered over multiple parts shall not entitle you to cancel any other delivery or terminate any portion of nor the entire sale agreement, without the express written consent of LB in LB’s sole discretion.

You are responsible for reviewing changes to this Agreement

This Agreement applies to all users of the Platform and the Services.
LB may make changes to this Agreement from time to time without specifically notifying you.
LB will post the latest Agreement on the Platform and may post it on LB's mobile device applications, but it is up to you to review it before using the Platform or Services.
If you continue to use the Platform or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
In addition, some services offered through the Platform and the Services may be subject to additional terms and conditions specified by LB from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
If LB provides updated versions of the Platform and/or the Services and you do not accept these updated versions, you understand that you may not enjoy the most recent content, feature sets, and materials.
If you do not accept any updated versions of the Platform and Services, LB shall not bear any liability for your decision.

Your Use of the Platform and Services Your registration and account security

When you use the Platform or the Services you MAY be requested to provide LB certain registration and account information, which LB will rely on to provide you its products and services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account, in the event LB asks you to create an account:

You will register your account for your own use and not for the use of another person, alter ego, or other identity.
You will create only one account for yourself.
You will not assign or transfer your account to anyone without first getting LB's written consent.
You will not provide false or misleading information when you register an account.
If LB terminates or disables your account, you may not create another account without first getting LB's written consent.
You will keep your contact and other information requested by LB (such as business data, default delivery address, etc.) accurate and up-to-date.
You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.
If you select a username for your account, LB reserves the right to remove or reclaim it for any reason, including that it is inappropriate in LB’s sole determination.

LB may add, edit, modify or delete anything on the Platform or Services without notice

LB is committed to delivering a positive user experience and you understand that LB reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Platform and the Services in its sole discretion, without notice.

You agree to let us monitor your activity on LB mobile device applications and the Platform and Services

Because LB wants to continue to improve the Platform and the Services for your benefit, we may monitor your activity on LB mobile device applications, as well as on the Platform and Services.
By using any LB mobile device application or the Platform and Services you specifically agree to allow LB to monitor you in this manner.
You understand, however, LB cannot and does not make any warranties or guarantees that: (i) any LB mobile device applications or the Platform and Services, or any component thereof, will be made free from error or inaccuracy as a result of such monitoring or free from unauthorized and/or unacceptable use as a result of such monitoring; (ii) any statements or factual items presented by the Services will be free from error or authenticated; or (iii) LB will take any action in the event of any non-compliance with this Agreement.

You must be 18 or older to use the LB Platform or Services

You understand that you may not use the Platform or the Services where such use is prohibited.
You understand that the Platform and the Services are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement.
Any use of or access to the Platform or the Services by anyone under 18 is unauthorized. If you are 13 or older but under 18, you must have your parent or legal guardian’s permission to use the Platform or Services and to accept this Agreement.
You represent and warrant that you are 18 or older, or entering this Agreement on behalf of someone who is between the ages of 13 and 18, and that you agree to abide by all of the terms and conditions of this Agreement.
LB does not knowingly collect information from individuals who are less than thirteen (13) years of age.

It is your responsibility to make sure this Agreement and your use of the Platform and Services complies with all laws applicable to you

You understand that LB may, in its sole discretion, refuse to offer the Platform or the Services to any person or entity and change its eligibility criteria at any time.
You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
You understand that your right to access the Platform or Services will be revoked where this Agreement or use of the Platform or the Services is prohibited and, if that is the case, you agree not to use or access the Platform or the Services in any way.

LB may terminate your use of the Platform and/or Services without reason or notice to you

While LB respects its users, you agree that LB may terminate your use of the Platform and/or the Services and prohibit you from accessing the Platform and/or the Services, for any reason (including, without limitation, your violation of this Agreement and/or any Additional Terms, your use of the Platform and Services and/or our products and services for unlawful or inappropriate purposes, in each case as determined by LB in its sole discretion), or no reason, and with or without notice.

Who Owns What and How You Can Use It The copyright to all content on the Platform and Services is owned by the provider of that content

The Platform and Services contain and may make available certain images, photographs, copy, text, layouts, templates, artwork, graphics, illustrations, logos, photos, audio, video, fonts, software tools, trademarks, service marks, and other materials and content that was provided and owned by LB or was provided by or belong to other users through various sources and channels, as well as third party stock images or other materials (collectively, “LB Content”).
All LB Content is the intellectual property of LB or the intellectual property of parties or persons from which LB has licensed or otherwise acquired rights in such property.
You are prohibited from selling, licensing, renting or leasing, modifying, retaining, copying, reproducing, distributing, publishing, or otherwise using any portion of the LB Content except as expressly allowed in this Agreement.
LB may and reserves the right to delete, modify, or add to, any part of the LB Content from time to time and at any time without prior notice.
You may not copy, redistribute, use or publish any part of the LB Content, the Platform, or the Services, except as allowed by this Agreement.
You do not acquire ownership rights to any content, document or other materials viewed through the Platform or the Services. All rights in this Platform and LB Content are reserved.
Any comments, suggestions, proposals or other feedback (collectively, “Feedback”) provided to LB in connection with the Platform or Services including its content or any Orders, shall be provided by the party submitting any such Feedback and received by LB on a non-confidential basis. All such Feedback shall become the property of LB. By submitting any such information you understand and agree that you are transferring and assigning, without charge, all rights, title and interest in Feedback and you agree that LB shall be free to use such information on an unrestricted basis.
The Platform and Services may provide various layout, editing, and/or design tools and services both through bespoke services provided by LB and software provided by LB (including, for example and without limitation, layout, logo, copy editing, packing and banner design services, etc.), which may in turn utilize and leverage a variety of content, materials, and elements, for example and without limitation, images, photographs, copy, text, layouts, templates, artwork, graphics, illustrations, logos, photos, audio, video, fonts, effects, etc. (collectively, the “LB Design Elements”). You understand that we reserve the right, at any time, to use all such design elements and to make all such design elements available for use by other LB customers, clients, persons, or parties. You further understand that you do not obtain any right or claim to any of the LB Design Elements by and through the use of the Platform or the Services, even if you generate a design and integrate or incorporate any such design (which may include visual designs, text or copy and/or logos) into one or more Orders (collectively, “User Designs”). You further understand that other LB users, clientele, and customers may use LB Design Elements to create designs that may be substantially similar or in some cases identical to your User Designs and LB does not guarantee that your User Designs will not have similarities to other User Designs generated and/or utilized by other LB customers, clients, persons, or parties. You further agree that in the event that you create a User Design that incorporates LB Design Elements and/or other LB Content such that it is a derivative work, then all rights in and to such design elements or Content shall continue to be owned by LB or its licensors.
You understand that we are not providing any guaranty nor warranty whatsoever that a User Design you create while using the LB Design Elements or the Platform and Services even if used with LB Content, will not or does not infringe any trademarks or other intellectual property rights or other rights of any other party.
You hereby affirm and agree that it is your sole and absolute responsibility to engage or obtain advice from a licensed attorney as to the your rights in and to any User Design generated for any use desired by you (including use as a trademark) and that such use does not infringe any trademarks or other intellectual property rights or other rights of any other party (including whether or not any license or other rights are required to facilitate or support your intended use of your User Design and obtaining such additional rights).

You may not use trademarks appearing on the Platform or Services in an infringing manner

You agree that Lush Banners, Lush Creative, LUSHBANNERS.COM and other LB graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of LB or its affiliates (“Trademark Content”).
LB trademarks and trade dress may not be used in connection with any product or service that is not LB’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits LB.
All other trademarks not owned by LB or its affiliates that may appear on the Platform or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LB or its affiliates and may not be used by you.

You may use the LB Platform and Services for limited purposes

LB grants you a limited license to access and make personal use of the Platform and the Services.
LB does not grant you the right to download (other than page caching) or modify the Platform and the Services, or any portion of the Platform and the Services.
You understand LB does not grant you the right to: (a) resell or make commercial use (except as provided herein) of the Platform and the Services or their contents; (b) make any derivative use of the Platform and the Services or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
You understand that the Platform and the Services or any portion of Platform and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of LB and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing LB’s name or trademarks without the express written consent of LB. Any unauthorized use terminates the permission or license granted by LB hereunder.
You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LB so long as the link does not portray LB, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any LB logo, third party manufacturer or supplier logo, or other proprietary graphic or trademark as part of the link without express written permission.

Some portions of the Services rely on Supported Platforms

You acknowledge that the Platform and Services interoperate with several third party sites and services, including but not limited to X, Facebook, Instagram, and Pinterest (the “Supported Platform(s)”), and that some of the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to LB on reasonable terms, LB may cease to provide such features to you without entitling you to refund, credit, or other compensation.
In order to use the features of the Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites. By enabling such Supported Platforms within the Platform or Services, you are allowing LB to pass your log-in information to these Supported Platforms for this purpose.

You have the necessary rights to share content and materials should you choose to

The Services permit you and other users to create, submit, share, post, copy, link, store and otherwise distribute certain information, images, photos, drawings, videos, icons, text and/or other content (“User Content”) some of which may be utilized by LB to fulfill your Orders. You are responsible for your User Content, including without limitation its legality, reliability, and appropriateness.
You warrant that either: (a) your User Content and User Designs are wholly original to you and you exclusively own the rights to your User Content and User Designs, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content and User Designs, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content and User Designs to LB as set forth herein, with full knowledge that LB may exploit it in any manner whatsoever. You make such warranties without LB incurring any third-party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You also grant to LB the right to sub-license and authorize others to exercise any of the rights granted to LB.

LB’s Copyright Policy

LB does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
A description of the copyrighted work that you claim has been infringed;
A description of the material that you claim is infringing and where it is located on the Platform or Services;
Identification of the URL or other specific location on the Platform or Services where the material that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at LB [support@lushbanners.com].
LB reserves the right to terminate your account or any user account that it determines to be a “repeat infringer." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Platform or Services.

What Laws and Rules You Are Responsible For Following You promise to comply with this Agreement and any laws or regulations applicable to you

You promise not to use the Platform or the Services for any purpose that is prohibited by this Agreement.
You are responsible for all of your activity in connection with the Orders, the Platform, and the Services.
You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.

You agree to comply with LB’s conduct policies when using the Platform or Services

We do our best to keep the Platform and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the LB Content, Platform, or Services except as expressly authorized by LB;
You will not use the Platform, Services, or any Orders in such a manner as to convey or obtain exclusive rights to any LB Content or part thereof;
You will not take any action that imposes or may impose (as determined by LB in its sole discretion) an unreasonable or disproportionately large load on LB’s (or its third party providers') infrastructure;
You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform or Services, except to the limited extent applicable laws specifically prohibit such restriction;
You will not interfere or attempt to interfere with the proper working of the Platform and/or the Services or any activities conducted on the Platform and/or the Services;
You will not bypass any measures LB may use to prevent or restrict access to the Platform and Services (or other accounts, computer systems or networks connected to the Platform and Services);
You will not run any form of auto-responder or "spam" on the Platform and/or the Services;
You will not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Platform and/or the Services;
You will not harvest or scrape any content or materials from the Platform and/or the Services, or duplicate the Platform in any way;
You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
You will not threaten, intimidate or harass another user;
You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
You will not upload, post, transmit, share, store 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;
You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
You will not otherwise take any action in violation of LB’s guidelines and policies;
You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes.
You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
You are solely responsible for all User Content. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the User Content.
You will not use the Platform and/or the Services in any manner or transmit any User Content that: infringes (or results in the infringement of) LB’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized, or pornographic material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to the location(s) of all other parties to the transaction, or; would cause LB to be in violation of any law or regulation, or to infringe any right of any third party;
You will not transmit any User Content or User Design and will not use the Platform and/or the Services to post, store, transmit, offer, or solicit anything including any Goods that contain the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is pornographic, racially or ethnically insensitive defamatory, harassing abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting hate or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status or otherwise objectionable; and
You will not transmit any User Content or User Design and will not use the Platform and/or the Services in any way, intentionally or unintentionally, violates any applicable local, state, national and international laws, rules and regulations.

LB is not responsible for what happens outside of the Platform and Services, including third party websites that the Platform or Services may link to or advertise

LB or its business partners may present advertisements or promotional materials via the Services.
Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
You agree that LB is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
You understand the Platform and the Services may contain (or you may receive from LB, third parties or users) links to other websites (“Third Party Platforms”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
You understand and agree that LB is not responsible for, and does not control, Third Party Platforms and Third Party Content. You also understand and agree that LB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Platforms and Third Party Content.
You acknowledge and agree that LB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Platform or Third Party Content.

Legal Conditions LB’s liability is limited

LB is not responsible for any Third Party Platforms, Third Party Content, Supported Platforms, or any other content posted on the Platform or the Services, whether posted or caused by users of the Platform or the Services, LB, third parties or by any of the equipment or programming associated with or utilized in the Platform or the Services. You acknowledge that there are risks in using products or services provided by Third Parties (including but not limited to LB´s affiliates or Third Party vendors) through the Platform, Services, or as related to any Orders, and that LB cannot and does not guarantee any specific outcomes from use or enjoyment of any such products or services provided by Third Parties, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such products or services provided by Third Parties.
Any warranty provided by LB hereunder or otherwise in writing, shall extend solely to the direct customer and not to any such customer´s clientele, customers, users, investors, members, stakeholders officers, agents or representatives.
You understand and agree that LB will not be responsible for errors related to spelling and punctuation or errors related to grammar that are made by you, inferior quality or low-resolution of uploaded images, design errors introduced by you during the Order or Design creation process, errors in options and selections made by you regarding any Order, including but not limited to finishing or finish, product type (e.g., banner versus flyer), quantity or amount, etc., and damage to Orders arising after delivery to you. Please preview your User Designs carefully and correct any mistakes prior to placing your Order.
Unless specifically agreed to in writing by LB, LB does not proof documents created by its customers prior to processing.
Neither LB nor any of its affiliates, advertisers, promoters or distribution partners, manufacturers and suppliers, shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Platform or the Services, anyone’s use of items or Orders made via the Platform or Services.
Certain warranties or guarantees per certain jurisdictions cannot be excluded by contract ("consumer warranties"), or limited in certain circumstances, and nothing in this Agreement shall seek to abridge such consumer warranties if it is illegal for LB to do so. If those consumer warranties apply to you such that LB cannot legally exclude those consumer warranties, then to the greatest extent permitted by law, LB: (1) excludes or limits those consumer warranties; and (2) at the option of LB, to its liability to the following options: (a) in the case of services, the performance of the services again or the payment of the cost of having the services performed again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
Notwithstanding the foregoing, LB shall have no obligations under any warranties or consumer warranties, if the alleged defect, non-conformance or damage is found to have occurred as a result of misuse, use other than as detailed in any applicable instructions for use, negligence, improper installation, or resulting from alteration, modification, storage, transportation, improper repair, or improper handling.
You understand that unless provided by LB in writing, LB does not give any warranty of fitness for a particular purpose, merchantability or non-infringement of any third party rights including intellectual property rights.
You understand that no LB Content or portion thereof may be used on its own as a trademark or service mark.
LB reserves the right, in its sole discretion, to refuse to accept any User Content or User Design provided by you to LB or to refuse to process or fulfill any order at any time and for any reason.

LIMITATION OF LIABILITY: IN NO EVENT SHALL LB OR ITS LICENSORS, CONTENT PROVIDERS, SUPPLIERS, OR VENDORS, (INCLUDING ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THE FOREGOING PARTIES), BE HELD LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, IRRESPECTIVE OF WHETHER OR NOT LB HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PLATFORM, SERVICES, OR ORDERS MADE AVAILABLE THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM LB, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH LB´S PLATFORM DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL LB BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY INAPPROPRIATE OR UNAUTHORIZED USE OF THE PLATFORM, SERVICES, LB CONTENT, OR ORDERS, INCLUDING ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES. IF YOU RESIDE OR ARE DOMICILED IN A COUNTRY, PROVINCE, OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THIS AGREEMENT, SUCH EXCLUSIONS OR LIMITATIONS WILL ONLY APPLY TO YOU ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PERMITTED OR ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. LB DOES NOT CONTROL THE INFORMATION PROVIDED BY THIRD PARTIES OR SUPPORTED PLATFORMS ON THE PLATFORM OR SERVICES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE PLATFORM OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO STATEMENTS MADE BY (1) USERS RELATED TO ANY PRODUCTS AVAILABLE THROUGH THE PLATFORM AND/OR SERVICES, AND (2) ANY THIRD-PARTY STATEMENTS, INCLUDING THOSE OF OTHER USERS. IN ADDITION TO THE ABOVE LIMITATIONS, LB’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM OF ANY NATURE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION OR CLAIM, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICES AND USE OF THE PLATFORM, BUT IN NO CASE WILL OUR LIABILITY TO YOU SHALL EXCEED $10. DISCLAIMER OF WARRANTY: THE PLATFORM, SERVICES, AND ANY LB 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 HEREBY AFFIRM, ACKNOWLEDGE, AND AGREE THAT LB’S OPERATION OF THE PLATFORM AND SERVICES MAY NOT BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR ERROR FREE. WHILE LB MAKES REASONABLE EFFORTS TO ACCURATELY DISPLAY THE FEATURES, CHARACTERISTICS, AND/OR ATTRIBUTES OF ANY ORDERS, GOODS, SERVICES, OR PRODUCTS, LB DOES NOT WARRANT THAT ANY SUCH ORDERS, GOODS, SERVICE, OR PRODUCT DESCRIPTIONS ARE TRUE, ACCURATE, AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF ANY THIRD PARTIES MAY APPEAR ON THE PLATFORM AND THE SERVICES. THESE MATERIALS AND THIRD PARTY LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. You agree to indemnify LB

You agree to indemnify, defend, and hold harmless LB, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Platform and/or the Services, (2) any User Content (that is either uploaded to the Platform and the Services or otherwise incorporated into any Orders), Third Party Content, Third Party Platforms and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party whether or not used for or in connection with a Orders, (3) your use of any Orders, and (5) your breach of this Agreement and/or any breach of your representations and warranties set forth herein. As to the foregoing subclause (2), you agree that we have the right to control the defense of any such suit, claim or demand.

You agree that Texas law applies to this Agreement

Subject to the arbitration clauses included below, if there is any dispute arising out of the Platform and/or the Services, by using the Platform and/or the Services, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Houston County, for the resolution of any such dispute.

Your general representation and warranty

You represent and warrant that:

You will use the Platform and Services in accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)
You will use the Platform and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.

ARBITRATION and Other Terms Governing Disputes

You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights and or claims by LB regarding any underpayment or non-payment by you (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree any arbitration shall take place in Houston, Texas in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under this Agreement.
You and LB agree that any cause of action arising out of or related to the Orders, Platform and/or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Miscellaneous

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
LB may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.