Terms and conditions of sale on IPI
Purchases of products or services made on ipi.com (the "Website") are governed by the following conditions (the "Terms and Conditions").
By clicking on the “accept” button, the user (the "User", “you”, “your”) agrees to be unconditionally bound by these Terms and Conditions in the version valid at the time of ordering in this contractual agreement between the User and IPI LLC a Delaware limited liability company (“IPI”, “us”, “our”). Our Terms and Conditions shall also govern the use of and apply to each and every offer and agreement entered into between us and a User.
Additionally, we maintain other terms and policies that supplement these Terms and Conditions as set out below, including our Privacy and Cookie Policy, which describes how we collect, use and process your personal information, and our US Sales Tax Policy, which provides more information about our prices and whether we will collect US sales taxes. These Terms and Conditions constitute the entire agreement between us and a User with respect to the Services on the Website and the subject matter referred to herein, and supersede all prior negotiations, agreements, and correspondence, regardless of whether the User has expressly acknowledged acceptance of these Terms and Conditions.
Please read our additional product-specific terms that shall apply to the products and services listed below ("Product-Specific Terms"). Where there is a difference between the Terms and Conditions and these Product-Specific Terms, the Product-Specific Terms shall take precedence.
Classic Design Services are subject to our Design Services Terms of Use.
Additional terms may be presented on this Site in connection with a specific section, service or feature that will apply at the time you choose to access or use the corresponding section, service or feature.
IPI reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions (including any supplemental terms and policies and any Product-Specific Terms at any time). Please check these Terms and Conditions periodically for changes. Your continued use of the Website after the posting of changes to these Terms and Conditions will mean you agree to abide by those changes. Any amendment to these Terms and Conditions by you must be agreed to by us in writing.
You should print or retain a copy of these Terms and Conditions for your records. Please note, however, that these Terms and Conditions may be updated and amended by IPI from time to time as provided above.
The Website belongs to International Printing Industries LLC a CIMPRESS company, with its headquarters at 171 Thorn Hill Road Warrendale, PA 15086.
1. Services offered
1.1 The Website provides web-to-print services (collectively referred to as the “Services”), including customized printing of content (which does not include, as further specified in the following paragraphs, any editorial service or control of possible infringements of third-party rights), in various formats and on various materials (the “Products”) with home delivery solely within the territory of the United States of America. Unless specified otherwise, these Terms and Conditions apply to all Services offered by IPI, where compatible. The provision of Services may be entrusted by IPI to third-party subcontractors or sub-suppliers.
1.2 To access the Services, Users must register on the Website in the designated My Account area. During the registration process, Users will be asked to specify if they intend to register and therefore make purchases as a company, as a sole proprietor/freelance professional, as an individual or as an association, specifying the User’s nationality. Only purchases of Services made by Users as individuals will be subject to the consumer law in force in the country of the User’s place of residence or legal domicile.
1.3. If you use this Site on behalf of any business, organization or other entity of any kind, you represent and warrant that you are authorized to accept these Terms and Conditions on its behalf and to bind such business, organization or entity to these IPI.
1.4 All final product prices displayed on the Website are given in Dollars and can be viewed with or without VAT, depending on the country or registration type. The prices of the Services are subject to periodic changes and variations. All our offers and promotions are without any obligation and subject to availability and confirmation of the Order (as defined below). IPI reserves the right to reject any Order without the obligation to assign any reason. Shipping costs are to be paid by the User. In any case, taxes and shipping costs, where applicable, will be calculated at the time of Products check-out based on billing and shipping details provided by the Customer.
2. Product selection, Order and purchasing method
2.1 The information and details given on the Website should not be considered as offers: they are simply an invitation to Users to do business by sending purchase orders. The proposal to purchase Products is formulated by the User at the moment the order form is sent in electronic format at the end of the procedure provided by the Website and described below (the “Order”).
2.2 After being authenticated, the User will be able to proceed with the selection of Products as described in the appropriate sections, by selecting them individually, customizing them, and adding the required quantity to the shopping basket. Some images may be provided for information purposes only and may differ from the appearance of the delivered Product. IPI does not guarantee the availability of any Products or Services, regardless of its appearance in or presence on the Website. IPI shall make a reasonable effort to update listings to show Products or Services that are deemed to be “out of stock” or “unavailable.
2.3 Unless the User opts for images or designs suggested by IPI for certain Products, once the Order has been confirmed and the payment has been completed (with the exception of bank transfer payment option), the User will be asked to complete the Order by uploading the file/artwork they wish to print in the “Upload Area”.
2.4 Should there be technical problems preventing the User from uploading files in the “File Upload Area” on the Website, the User may use third party file-sharing services to share files with IPI. IPI shall keep proof of receipt of the file by reporting such receipt in the User’s account screen on the Website. The User represents and warrants to be the owner of all rights relating to the use of the content uploaded through the external file-sharing service. The User further declares and warrants that the uploaded content does not infringe any intellectual property rights of third parties and that it does not cause any damage to the reputation, honor, decorum or moral integrity of IPI or any third party and will not cause any other pecuniary or non-pecuniary damage resulting from the printing of the images or content uploaded by the User.
2.5 The User remains solely responsible for verifying the content, spelling and artwork of the uploaded files.
2.6 After selecting the desired items, an Order checkout screen will be displayed showing the costs and total Order value for all the Products and/or Services selected.
2.7 Once the Order has been sent, the User will receive an order confirmation that describes the type of Products ordered, the price of each Product, the corresponding taxes, the shipping costs and the payment method chosen. The contract is considered concluded and binding when IPI sends the order confirmation to the User at the email address s/he provided when registering on the Website. Nevertheless, the Parties agree that, notwithstanding the aforementioned end of contract, the transfer of ownership of the Products from IPI to the User takes place with the delivery of the Products to the courier, pursuant to Article 7 below.
2.8 IPI reserves the right, at its sole discretion, to refuse any Order. The reasons for this may include (without limitation):
- the information provided by the User when filling in the order form being incomplete or incorrect;
- the User not meeting the requirements for the terms of payment;
- the Products ordered not being available.
In addition to and not in limitation of the above, IPI reserves the right to reject any Order without the obligation to assign any reason, by IPI informing the User by email that the order proposal was not accepted (in full or in part), specifying the reasons for the non-acceptance, and that the contract was not therefore concluded. In this case, IPI will reimburse to the User any sums the User has already paid for such unaccepted Order.
3. Payments
3.1 Users can purchase Services and Products online and make payments using the payment methods indicated on the Website, by following the instructions provided for their chosen payment method.
Payments must be made in advance, and only once the payment has been made and a "print-ready" file has been uploaded by the User will the selected items will be sent for production.
3.2 For payments via bank transfer, production will begin only after payment is received, and as a result, delivery may be delayed by 2-3 days, in addition to the time needed for printing and shipping the items. For this payment method, the order number must be entered in the payment reference section so the transaction can be identified.
3.3 The invoice will be made available to the User in a dedicated section of the My Account area: it is the responsibility of the User to access this area, print the document and store/download/retain it in accordance with applicable legislation.
4. User responsibility
4.1 The selection of content and images to be printed, as well the obtaining of authorization for their reproduction, where necessary, is the sole responsibility of Users.
4.2 IPI cannot in any way be held liable for the unauthorized use of images by Users or for any breach of third-party rights relating to them. The User is the sole party responsible for all consequences of uploading content and images to the Site. In order to use the contents uploaded by the User, s/he declares to have verified , to be in possession and guarantees on the necessary permissions, licenses, rights and/or authorizations in order to upload such contents on the Website and to use them within the scope of the Services, including printing reproduction. IPI disclaims any liability in relation to such contents, their confidentiality, use, publication and/or dissemination.
The User therefore releases, indemnifies and holds harmless IPI from and against any and all claims, damages, liabilities, costs and expenses, including legal fees, resulting from any breach or infringement of intellectual property rights, damage to image, honor, decorum, moral integrity or any monetary or non-monetary damage resulting from the Services or the Products (including without limitation from the printing of images and content uploaded by the User and the User’s use of the Products provided by IPI).
4.3 The User hereby confirms their knowledge of the technical specifications provided on the Website in relation to the composition and permitted usage of the materials from which the Products are made, and undertakes to comply with them. The User assumes full responsibility in this regard, and therefore releases, indemnifies and holds harmless IPI from and against any and all claims, damages, liabilities, costs and expenses, including legal fees, resulting from the User or third parties using the Products incorrectly or in a way that does not comply with their technical specifications.
4.4 Under no circumstances shall IPI verify the contents, other than as regards graphic compatibility with the requested specifications. IPI reserves the right, at any time, to stop any Order , and if necessary to cancel, which is defamatory, violent or otherwise contrary to public law and decency or unlawful.
5. Automatic checking of uploaded files
5.1 IPI's system provides certain compatibility checks with regards to the format, dimensions, resolution and the presence of non-embedded fonts, checks the fonts and their conversion into paths, checks for any white overprinting or knockout, and converts Pantone colours for the print requested (the system does not indicate Pantone colours present in the file, but converts them directly to CYMK).The verification system does not perform any checks concerning possible infringements of third-party rights.
5.2 If the file is not compliant, the system will block the Order. In this case, the User will be advised immediately via email and asked to upload a new file, with a resulting delay in the delivery date.
If the system does not reveal any problems, the file will automatically be sent for production.
6. Professional check of uploaded files
6.1 At the request of the User to IPI, for an additional fee, by selecting the “File Check” option the compatibility between file specifications and the required print.
If Users select this option, IPI will proceed to check: the division of the artwork into layers, cut-to-shape paths, safety margins, the distance of the graphic elements from the edge of the print, front and back orientation, whether the .pdf file matches the specific requirements for magazines and/or catalogues (spine width, number of pages and cover files), and whether the graphic settings are correct if the print requires folding.
Please note that the professional file check does not include an exhaustive layout check, spell check or checking for any photos missing inside magazines, catalogues or books.
6bis. Designer (Extended Design Experience - DEX)
IPI also provides a technological solution that allows the User to obtain, through the issuing of specific instructions, called "prompts", a specific result, called "output", consisting of one or more images generated independently , via an artificial intelligence system (hereinafter, the “AI Service”). The User acknowledges that the technology used to provide the AI Service is not the property of IPI, which uses third-party subcontractors. The User acknowledges that IPI does not guarantee the originality, creativity or uniqueness of the images generated by the AI Service and undertakes (i) not to use the AI Service to generate illicit, offensive content, in violation of intellectual property rights, or otherwise inappropriate, and (ii) not to include personal information or sensitive data such as medical information or payment information in the prompts. You agree that IPI may, at its sole discretion, refuse, suspend or cancel any Orders that do not comply with the terms of use of the AI Service. You are solely responsible for your use of the AI Service, including your choice of prompts and subsequent use of generated images. The User agrees to release, defend, indemnify and hold IPI harmless from and against any and all claims, damages, liabilities, costs and expenses, including legal fees, that may arise from the use of the AI Service, including without limitation resulting from any violation of these conditions or applicable legal provisions.
7. Delivery and shipping times
7.1 The Services are only available for delivery within the territory of the United States of America; the Services therefore cannot be used for deliveries outside this territory.
7.2 As the sales process also involves shipping, the delivery times in the order confirmation is an estimate only and delivery dates are not guaranteed. IPI shall not be liable for any delays, loss, or damage in transit.
7.3 The Order will not be considered complete until the moment the file has been uploaded by the User and the corresponding payment has been made. If the User does not upload the file within 15 days of the Order date, the Order will be cancelled. In the event of a non-compliant file, the Order will be cancelled if the file is not replaced within 15 days.
IPI may, at its discretion, deliver the Products in whole or by instalments in any sequence or deliver the Products prior to the date of delivery, and in such event, the customer must not refuse to take delivery of the Products. Any delay in delivery or defect in an instalment or part delivery shall not entitle the customer to cancel any other instalment or terminate the entire sale agreement.
If an Order is cancelled for reasons attributable to the User, IPI will apply a cancellation fee of $10 USD to cover the administration costs incurred in handling the Order.
7.4 Notwithstanding that set out in paragraph 7.3 above, shipping and delivery will be carried out within the times selected when ordering on the condition that the Order is completed by 19:30 CET of the same day, or 10:30 CET for 24-hour delivery. Files or payment confirmation received after 19:30/10:30 CET will be considered to have been sent on the following working day.
Deliveries cannot be made to trade fairs.
Working days are classed as Monday to Friday except for New Year’s Day, 6 January, 25 April, 1 May, 2 June, 15 August, 1 November, 8 December, Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and Easter Monday.
Under no circumstance will IPI be held liable for any damages caused by a late delivery, which is carried out by couriers that are third parties external to IPI.
7.5 Risks relating to Products are passed to the User at the moment the Products are handed over to the courier.
8. Disclaimer of Warranty; Indemnification
8.1. THE WEBSITE, THE SERVICES AND THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND 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. USER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY IPI. USER ACKNOWLEDGES THAT IT ALONE HAS DETERMINED THE INTENDED PURPOSE AND SUITABILITY OF THE PRODUCTS AND SERVICES SOLD HEREUNDER, AND THAT ANY TECHNICAL OR OTHER ADVICE GIVEN BY IPI IS PROVIDED SOLELY AT USER’S RISK. FURTHER, USER ASSUMES ALL RISK OF USE OF THE PRODUCTS OR SERVICES FOR ANY PURPOSE.
8.2. You acknowledge that there are risks in using products or services provided by third parties (such as a IPI´s affiliate or one of our partners) through this Site or in connection with our Products, and that IPI cannot and does not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by this third party, breach of warranty or contract, violation of rights, and any consequent claims.
8.3. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("Consumer Guarantees"), or only limited in certain circumstances, and nothing in these Terms and Conditions alter those consumer guarantees if it is illegal for IPI to do so. If those Consumer Guarantees apply to you, and IPI cannot legally exclude those Consumer Guarantees, then to the maximum extent permitted by law, IPI: (1) excludes or limits those Consumer Guarantees; and (2) limits its liability at the option of IPI to the following: (a) in the case of Services, the supply of the Services again or the payment of the cost of having the Services supplied again; (b) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of the Products; the payment of the cost of replacing the Products or acquiring equivalent Products; or the payment of the cost of having the Product repaired.
In addition to and not in limitation of the foregoing. upon delivery, the User must thoroughly examine the Products received. Any defects in the delivered items, printing errors or defects in the material’s packaging not attributable to the User must be reported immediately to Customer Services. The items must be accepted with a signature, which is subject to verification. The User must then lodge a complaint, making sure to attach photographic evidence where requested, within 8 days of the delivery of the Product.
8.4. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the User, inferior quality or low-resolution of uploaded images, design errors introduced by the User in the Product or Design 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. IPI does not proof documents created by its customers prior to processing.
8.5. Notwithstanding the foregoing, IPI shall have no obligations under any warranties or Consumer Guarantees, if the alleged defect, non-conformance or damage is found to have occurred as a result of a User’s misuse, use other than as set forth in the applicable user manual or instructions for use, neglect, improper installation or accident, or as a result of improper repair, alteration, modification, storage, transportation or improper handling or if the usability is impaired only slightly.
8.6. Any granted Product warranty hereunder, shall extend directly to customer only and not to User´s customers, agents or representatives. IPI does not give any warranty of fitness for a particular purpose, merchantability or non-infringement of intellectual property rights.
8.7. You agree to indemnify, defend and hold IPI harmless from and against any and all claims, damages, liabilities, costs and expenses, including legal fees resulting from: (i) your breach of any provision of these Terms and Conditions; (ii) the illegality, reliability, appropriateness, originality or copyright of any submission to IPI; and/or (iii) any intentional wrongdoing by you.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL IPI OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE UNDER ANY CLAIM FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, GOODWILL, DATA, OR PROFITS, WHETHER OR NOT IPI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM IPI, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH IPI´S SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER THEORY OF LIABILITY. IN NO EVENT SHALL IPI OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY CLAIMS, DAMAMGES, LIABILITIES, COSTS AND EXPENSES HEREUNDER IN EXCESS OF THE FEES ACTUALLY PAID BY USER TO IPI FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL IPI 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, OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Applicable law, jurisdiction and competent court Alternative dispute resolution
10.1. The party you are contracting with and the seller of the products and services offered and sold on this Site is IPI, as defined above, a limited liability company organized under the laws of the State of Delaware, United States of America.
10.2. All matters relating to your access to or use of this Website, the Order, the Products and the Services shall be governed by the laws of the Commonwealth of Pennsylvania without giving effect to any choice of conflict of law provision, principle or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction). You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Terms and Conditions.
10.3. Any legal action or proceeding relating to or arising from your access to or use of this Website, the Order, the Products or the Services shall be instituted in a state or federal court located in Pittsburgh, Pennsylvania. You agree to submit to the jurisdiction of the courts located in Pittsburgh, Pennsylvania, and agree that venue in these courts is proper in any such legal action or proceeding. You also agree to not assert, in any legal action or proceeding involving IPI, that a court sitting in Pennsylvania is an inconvenient forum for such legal action or proceeding. THE PARTIES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR RELATING TO THIS WEBSITE, THE ORDER, THE PRODUCTS AND THE SERVICES.
10.4. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
11. Contact details
11.1 For further information and assistance regarding the Website, making purchases through the Website or Orders, users may contact IPI through its Customer Service department in the following ways: us.support@pixartprinting.com
12. Design Services Special Conditions
12.1 As a precursor to potentially purchasing one or more Products pursuant to the Terms and Conditions, a registered User can ask IPI, following payment of a fee, to provide a service (the “Design Service”), comprising the revision, re-design or creation of graphics files for printing, as described in more detail below. The Design Service is provided as follows:
12.2 The User firstly contacts IPI’s Design Service by clicking the ‘Design Services’ button on the Website and filling in the corresponding online form, choosing between the two different types of Design Service available:
- Revision, re-design or correction of already one or more already existing - contents uploaded by the User on the Site ("Modification Design Service");
- Creation of a new content ("Creation Design Service").
Unless otherwise indicated by the User, the User will be contacted via the email address or telephone number they provided when registering on the Website so that their chosen Design Service can be provided. The User should indicate how they would prefer to be contacted by the Design Service on the online form. Without prejudice to the foregoing, in order to provide the Design Service more effectively, IPI may in any case decide to arrange screen-sharing sessions via ‘Zoom’ (or similar applications) with the User, with the camera switched off. The User should describe their product in as much detail as possible, always including the exact text and design specifications they would like to see incorporated into the design, such as the colors, style, effect and dimensions of their desired Product. The User, depending on the type of Graphic Service chosen, can also send images in PDF, GIF, AI, PSD, JPG or TIFF format as reference material (in the case of a request for Creation Design Services)or as content for IPI to further develop or incorporate into its work. (in the case of a request for Modification Design Services).
12.3 The User must then pay the relevant fee – i) $15.00 plus applicable tax; ii) $30.00 , plus applicable tax, if the User has chosen the ‘’Creation Design Service – using the various payment methods indicated on the Website and following the instructions provided on the purchasing process. The fee must be paid before completing the online form; only once the User has paid the fee will they be contacted by the Design Service.
12.4 Based on the User’s instructions, once the request for one of IPI’s Design Service has been submitted, the User shall receive at his/her mailbox, respectively a modified or redesigned graphic proposal, if the User has chosen the Modification Design Service; two new graphic proposals (from which the User shall choose the new graphic proposal to be printed), if the User has requested the Creation Design Service.
12.5 Throughout its entire duration, the Design Service includes a maximum of three revisions by IPI’s designer on the design proposal sent to and chosen by the User, based on their feedback. It is understood that the service is available for a maximum period of 30 days from the initial request. It is also understood that, whether or not the User accepts the design proposal, once the Design Service has provided three revisions, IPI’s obligations in this regard shall be considered to have been fulfilled.
12.6 If the User decides to proceed with printing the design proposal created by the Design Service, they may place one or more Orders by uploading the content they wish to print through the Upload Area. All aspects of the Order not covered herein are subject to the Terms and Conditions, of which these Special Conditions form an integral part.
12.7 The content will remain available for the User to access for the entire period they are registered with the Website, without prejudice to their right to request its deletion, which can be exercised in writing by sending an email to us.support@pixartprinting.com, or a letter to the following address: 171 Thorn Hill Road Warrendale, PA 15086.
12.8 Since the activities covered by the Design Service include artistic work, the obligations assumed in this regard by IPI must be considered relative rather than absolute obligations, and therefore IPI cannot be held liable for the User’s dissatisfaction once the three revisions have been undertaken, with the understanding that IPI will use commercially reasonable efforts, within the limits expressly set forth in these Terms and Conditions, it can to satisfy the User’s requests.
12.9 The User acknowledges that IPI will not conduct a prior art search and/or check whether the contents uploaded by the User is already created or is in use by third parties when producing the design proposal. IPI therefore does not guarantee either the originality or exclusivity of the graphic design produced by the Design Service’ The User also acknowledges that such background searches and/or verifications are expressly excluded from the Services. In case of a request to rework a content through the use of the Design Service, the User is solely responsible for all the consequences of uploading the contents and images to be edited, reworked and printed through the Services offered on the Site. IPI disclaims any liability in relation to such contents, their confidentiality, use, publication and/or dissemination. For the purposes of using the contents uploaded by the User for the Design Service, the latter declares and warrants to have the necessary permissions, licenses, rights and/or authorizations to use them within the scope of the Services. The User also warrants that he/she will not upload to the Site any material subject to third party proprietary rights without having a license or prior authorization from the owner of such rights.
For the Creation Design Service, IPI may make use of contents (e.g. graphics, images and fonts), available in limited number on third parties’ databases, which can be used by IPI on the basis of specific licenses. For each Content so created by IPI, the User shall have a personal, non-exclusive, non-transferable and in any case not sub-licensable license, limited to the uses contemplated in the Web to Print Service. In this regard, the User acknowledges that the Contents generated by IPI’s operators may be similar to other Contents generated for other Users who have used or will use the same Print Service.
12.10 In all cases, IPI reserves the right to block, and if necessary cancel the Order when it believes the file received from the User and/or the graphic design content they have requested or is infringes upon a third party’s intellectual property rights, defamatory, violent or otherwise contrary to public policy and morality.
12.11 It is understood that the selection of content and images to be printed, as well the obtaining of legal authorization for their reproduction, where necessary, is the sole responsibility of Users. IPI cannot in any way be held liable for the unauthorized use of images by Users or for any breach of third-party rights relating to them. The User therefore expressly releases, indemnifies and holds harmless IPI from any liability towards third parties for claimed breaches of intellectual property rights, damage to image, honor, decorum, moral integrity or any monetary or non-monetary damage resulting from the printing of images and content uploaded by the User.
12.12 Unless otherwise set out in these Special Conditions, the Design Service is subject to IPI's Terms and Conditions.
*Rev. January 14, 2025