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Introduction
Congratulations on your decision to use facilities and services provided by TheFinalPrint.
TheFinalPrint.com is the website owned and managed by TheFinalPrint. By using any
of the services/facilities as provided in this website or, through any other website
connected/linked through this website by TheFinalPrint, you shall be bound by the
Terms and Conditions in this User Agreement, as amended from time to time AND any
other stipulations, conditions and clauses incorporated by reference into this Agreement.
It would be your bounden duty to read and understand the Terms and Conditions contained
in this User Agreement. Also TheFinalPrint shall have the absolute right to amend
the Terms and Conditions at any point of time unilaterally. TheFinalPrint shall
have the absolute and unconditional right to effect such amendments either retrospectively
or prospectively as the case may be. You are supposed to read and understand the
prevailing terms and conditions each time prior to using any of the services or
facilities offered by TheFinalPrint. Ignorance of any of the terms and conditions
or the amendments effected to any of the terms and conditions may not absolve you
from any of your liabilities fixed by such terms and conditions. You are also expected
to read and understand the Privacy Policy, IP-IT Policy, Policy and Procedure and
Disclaimer which would be treated as a part of this User Agreementand you shall
be equally bound by the stipulations there in once you are subject to this User
Agreement. By registering as a member of TheFinalPrint you are expressly accepting
the Terms and Conditions of this Agreement.
ANY VISITOR OF THIS WEBSITE AND THOSE WHO AVAIL THE SERVICES OF THEFINALPRINT DIRECTLY
OR INDIRECTLY ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
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Eligibility to accept this Agreement
Only those who have completed 18 years of age, with sound mind are eligible to be
a party to this User Agreement. Those who are agreeing to this User Agreement in
their official capacity representing an entity should have proper authority to do
so. TheFinalPrint presumes and acts further to this User Agreement based on a presumption
of such competency for you to accept these Terms and Conditions and any further
disputes arising out of your non-competency either due to your personal incapacity
or lack of authority shall not cast any liability upon TheFinalPrint under any circumstances
and in turn, TheFinalPrint shall have right to claim and realize damages from you
for fraud or constructive concealment of facts.
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Prohibited and Restricted content and activities
TheFinalPrint is not at all responsible for your illegal contest or transactions
through this website until it is revealed or brought to our notice. TheFinalPrint
make it clear that being a Consumer/Contest Holder you are ultimately responsible
for making sure that contests you host on TheFinalPrint is not prohibited in the
eyes of the law. TheFinalPrint is not bound to inform you or publish in this website
upon the contest which are either prohibited or questionable in the eyes of law.
We may unilaterally without notice to you remove the content in the website, if
found legally questionable or illegal. Also this does not cast any kind of duty
or responsibility upon TheFinalPrint to check the legality of the content posted
by you in the website. To make it clear, it is your primary duty; liability and
responsibility to check that neither the prohibited and restricted subjects, content
are not posted in the site nor prohibited activities are initiated.
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Mandatory Disclosures
You are bound to disclose all the required materials facts about you asked for in
the site while registering either as a Consumer/Contest Holder or Contributor. You
are strictly warned from giving false identities, addresses, locations and any other
details. You shall be held responsible for any of such non-disclosure or false submission
of details. In case at any point of time TheFinalPrint finds non-disclosure or false
submission of details, it shall have absolute and unconditional right to cancel
your membership and to take any appropriate action against you.
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Obligations
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Contributor
- The Contributor has to submit the concept according to the procedure stipulated
by TheFinalPrint. The concept should not violate Intellectual property Right of
any other person.
- Being a Contributor it shall be your obligation and duty to use your prudence in
participating and spending your labor in the contest suitable for you. The search
facilities provided by TheFinalPrint is only to help you finding a suitable contest
and it would be your duty to find from the database the one you can perform best.
It shall be your duty to use the facilities provided by TheFinalPrint only for the
purposes for which it is intended.
- You are also supposed to follow the IP-IT Policy, Privacy Policy. Intellectual Property
Transfer Agreement and any other policy and stipulations prescribed by TheFinalPrint
from time to time.
- You are bound to keep utmost transparency in the dealings with the Customer/Contest
Holder and other users of the website.
- Your feedbacks should be genuine and subject to the conditions in the Terms and
Conditions.
- You should transfer the Intellectual Property Rights on the Concept/Works done by
you as part of the contest, once you are declared as the winner in exchange for
the contest prize transferred to you.
- Consumer/Contest Holder:
- The Consumer/Contest Holder host the contest and they have to choose the type of
contest they would like to hold. It will be the responsibility to describe their
requirement with the best possible details. It will not be the liability for TheFinalPrint
to find the best Contributor for any of the Contest Holders.
- The Consumer/Contest Holder has to choose the winning entry. You have to follow
the stipulations in the Policy and Procedures regarding choosing the winning entry.
- Being a Consumer/Contest Holder it shall be your obligation and duty to use your
prudence in selecting the contest. You shall be the sole judge in selecting the
concept.
- It shall be your duty to use the facilities provided by TheFinalPrint only for the
purposes for which it is intended.
- You are also supposed to follow the IP-IT Policy, Privacy Policy and any other policy
and stipulations prescribed by TheFinalPrint from time to time.
- You are bound to keep utmost transparency in dealings with the Customer/Contest
Holder and other users of the website.
- You have the bounden duty to keep all commitments with all others in the contest;
and any failure to which would lead to actions involving cancellation of your membership
or other kinds of proceedings.
- Visitors
- Being a visitor you shall not have the rights that are given to a Consumer/Contest
Holder or Contributor.
- It shall be your duty to use the basic facilities provided by TheFinalPrint only
for the purposes for which it is intended.
- You are also supposed to follow the IP-IT Policy, Privacy Policy and any other policy
and stipulations prescribed by TheFinalPrint from time to time though you have not
signed to the user agreement.
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Terms of Bid
Visit bid policy and procedures
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Feed Back
In the ecommerce activity it is very important to build up reputation and also to
leave your feedback about your business partner about the experience during your
transaction with him. TheFinalPrint is providing a platform for you leave feedback
about the last transaction once that is completed. Your counterpart also shall have
the identical rights and we remind you that it would be your right as well as responsibility
to leave a proper and trustworthy feedback and not to misuse the facility for any
other purposes than for which it is intended.
As the time goes on, TheFinalPrint shall develop the database and history of the
feedback of its members and your activities in the feedback procedures shall have
very prominent role in protecting your profile as well as that of your counterpart.
So we expect you to use your right to send and receive feedback judicially.
Feedback comments containing any of the following are not permitted:
- Links or scripts, and other solicitations
- References to TheFinalPrint or its affiliates activities
- Negative statements left for a buyer that conflict with the positive rating
- Providing personal information about another member, including real name, address,
phone number, or email address with or without his knowledge
- Political, religious, or social commentary rather than a genuine comment about the
transaction
- The comment, reply, or follow up regarding a completely separate transaction or
unrelated experience
- Profane, vulgar, obscene, or racist language, or adult material
- Inflammatory language, such as fraud, liar, cheater, scam artist, con man
- Any violations from your side regarding feedbacks shall be reflected in your profile
by way of rating by TheFinalPrint in this regard
Violations of the Terms and Conditions with respect to the Feed back may lead to
the following actions against you:
- Cancellation of membership
- Limits on account facilities
- Account suspension
- Loss of Privileged status
- Feedback rating and/or comment removal
- Negative rating by TheFinalPrint
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Access and Restrictions to access
The information, data and other kind of contents either visual or audible, shall
be proprietary or is licensed to TheFinalPrint by our users or third parties. You
agree that you will not use any robot, spider, scraper or other automated means
to access the sites for any purpose without our express written permission. Also
you would not have any kind of express or implied right to change the content without
permission or restrict the access of other users to their respective contents. Your
activity in the website shall be subject to out IT Policy
You are expressly prevented from
- Copying, reproducing, modifying, creating derivative works from, distributing, or
hyper linking or framing any of the pages of TheFinalPrint in any other Websites
or electronic mediums and facilitating contributory infringement of Intellectual
Property Rights
- Knowingly or unknowingly loading the facilities and infrastructure of TheFinalPrint
either manual interference or through any automated means.
- Interfere or attempt to interfere with the proper working of the sites or any activities
conducted on the sites; or
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict
access to the sites.
- Willfully disobey the direction of TheFinalPrint upon its various policies including
that of access management.
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Fees and Services
Click here to see the various Commissions and fees applicable to
the services.
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Liability
You being the Customer/Contest Holder , Contributor or a third party cannot hold
TheFinalPrint responsible for any kind of content being posted or uploaded in the
website. TheFinalPrint shall take all prudent steps to remove the content once it
is brought to its notice through proper procedure that the content is legally questionable.
The content that you post/upload shall be subject to our IP Policy
You being Customer/Contest Holder, Contributor or a third party, will be solely
responsible for posting or uploading any concept in which you are involved in any
capacity. TheFinalPrint is only providing a platform for you and your Contributor
to meet virtually and to proceed further within the stipulations prescribed by TheFinalPrint.
TheFinalPrint shall not have any kind of responsibility regarding the prudent and
logical decisions you may have to take during the contest - TheFinalPrint is not
involved in the actual transaction between Customer/Contest Holder and Contributor.
You being Customer/Contest Holder, Contributor or a third party should verify each
time the quality of the product or services being posted in the website. The claims
made regarding the products or services shall be the sole responsibility of who
made it and it would be your liability to verify its veracity and TheFinalPrint
does not have any method to assess or verify the veracity of the contents.
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Privacy
Click here to see our Privacy Policy
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Content/Design/Work
When you are selected as a winner in the contest you grant the Contest Holder a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through
multiple tiers) right to exercise the copyright, trademark, publicity, and database
rights (but no other rights) you have in the content, in any media known now or
in the future.
TheFinalPrint shall have the right and access to verify the content, its nature,
IP rights, legal sustainability, morality, compliance to public policy and any other
feature as it deems fit for the proper and legal functioning, though it will not
be its legal duty to do so.
TheFinalPrint shall have further right to amend remove any content in part or in
whole posted by any member with or without his knowledge either by the discretion
of TheFinalPrint or upon the notice given by any third party. The liability of TheFinalPrint
to amend or remove the illegal contents shall be limited upon serving on notice
upon TheFinalPrint. Any further act by TheFinalPrint shall only be its right but
not duty.
IT IS HIGHLY ILLEGAL AND OFFESIVE, FOR CONTEST HOLDER TO USE, OWN, OR HOLD ANY WORK/CONTENT/DESIGN
SUBMITTED BY A CONETRIBUTOR, IF SUCH CONTRIBUTOR IS NOT SELECTED AS A WINNER.
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Liability
You will not hold TheFinalPrint responsible for other users' content, actions or
inactions, or contest. You acknowledge that we are not a traditional auctioneer.
Instead, the site is a venue to allow anyone to hold contests with regard to writing
or design, at any time, from anywhere.
Unless separately agreed between a Customer and Contributor, the terms of the separate
agreement will be on the basis of the IP Transfer Agreement. A copy of the IP Transfer
Agreement is located here: http://TheFinalPrint.com/
Liability of TheFinalPrint will also be based on the Policy and Procedure laid down
by TheFinalPrint. Click here to see Policy And Procedure.
Regardless of the previous paragraph, if we are found to be liable, our liability
to you or to any third party is limited to the greater of (a) the average monthly
commission that you have paid to TheFinalPrint in the 12 months prior to the action
giving rise to the liability, and (b) $100.
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Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries,
joint ventures and employees), harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your breach of
this Agreement, or your violation of any law or the rights of a third party.
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No Agency
The relationship TheFinalPrint and you shall be that of independent third parties.
Except as otherwise expressly provided in this Terms and conditions, this Terms
and Conditions does not constitute either party as the agent or legal representative
of the other party and does not create a partnership or joint venture between the
parties. Except as otherwise expressly provided in this Terms and Conditions, neither
party shall have any authority to contract for or bind any other party in any manner
whatsoever.
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Force Majeure
TheFinalPrint shall not be liable for failure to fulfill its obligations hereunder
if such failure is due to causes beyond its control, including, without limitation,
acts of God, fire, catastrophe, governmental prohibitions or regulations, viruses
which did not result from the acts or omissions of TheFinalPrint, its employees
or agents, national emergencies, insurrections, riots or wars, or strikes, lockouts,
work stoppages or other labor difficulties. The time for any performance required
hereunder shall be extended by the delay incurred as a result of such act of force
majeure, and TheFinalPrint shall act with diligence to correct such force majeure.
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Notices and Communications
Except when expressly stated otherwise in writing, all legal & statutory notices
and communications to TheFinalPrint shall be served to its registered office at
TheFinalPrint, Seattle, Washington, United States. The emails communications other
than legal and statutory notices to TheFinalPrint shall be sent to the email address
that is prescribed in the registration form or in the website for each specific
purpose. Emails shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. We do not accept legal communications
via email.
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Dispute Resolution
We look forward for a transparent and dispute free relation with you. In case any
dispute arises between you and TheFinalPrint, we shall be committed to provide you
a neutral and cost effective mechanism to settle the dispute expeditiously.
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Arbitration Option –
The parties (Disputes between TheFinalPrint, seller or buyer) shall attempt to resolve
any dispute arising out of or relating to or arising out of this Terms and Conditions
through negotiations between the parties.
If the matter is not resolved by negotiation within 15 days of receipt of a written
'invitation to negotiate', the parties will attempt to resolve the dispute in good
faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default
of agreement, through an ADR procedure as recommended to the parties by the TheFinalPrint.
If the matter has not been resolved by an ADR procedure within 60 days of the initiation
of that procedure, or if any party will not participate in an ADR procedure, the
dispute may be referred to arbitration by any party. The seat of the arbitration
shall be Washington State if not Online Arbitration. The arbitration shall be governed
by US Law as agreed between the parties. Nothing in this clause shall be construed
as prohibiting a party or its affiliate from applying to a court for interim injunctive
relief.
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Law and jurisdiction
These Terms and Conditions, and any transaction, and dispute arising out of and
pursuant to it will be governed by and construed in accordance with US laws and
any disputes relating to these terms and conditions will be subject to the exclusive
jurisdiction of the courts State of Washington, United States. If you have any questions
about anything in this policy document, information about a possible infringement,
or you have any other legal issues, then please contact us at the below address.
PLEASE NOTE: Due to the below email address receiving Spam emails, we would strongly
encourage you to prefix the subject matter of any email with the words: "Legal Query:”
If you do not so prefix your email, we cannot guarantee that it will be received,
indeed, it may well be mistaken for Spam and treated as such. We do not accept service
of legal communication by email.