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Smitten on Paper Terms of Service

Thank you for visiting Smitten on Paper (“Smitten on Paper”, “we” or “us”).  We are committed to offering custom, high-quality paper products and a superior customer experience.

These Terms of Service (“Terms”) govern the provision of any product or service available from Smitten on Paper or the Smitten on Paper website (“Website”).

By registering, ordering products, or otherwise using the services provided by Website, you acknowledge that you have read, reviewed and consent to these Terms and our Privacy Policy, which is incorporated by reference, and that these Terms constitute binding and enforceable obligations to you.

These Terms supersede all other prior or contemporaneous oral or written agreements. These Terms may be updated at any time, without notice.

Commitment to Quality

If you are not happy with the printing quality of your order, we will work with you to provide a satisfactory resolution. We are not responsible for customer errors including, but not limited to, a) inputting the wrong information at any point in the order process, b) approving proofs containing the wrong information and c) using low-resolution photographs against our recommendation. 

Customization

We know design is important to you – that’s why you are here. Our professional designers can help you customize any of our designs into a unique card that is perfect for your special occasion. Please note that significant changes may require a small customization fee. Please refer to our Customization FAQs for more information.

Customer Materials

Any materials submitted by you to Smitten on Paper, including, but not limited to, photographs, images, text and graphics (collectively, “Materials”) are subject to the following terms and conditions:

You grant Smitten on Paper and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense, to use, reproduce, distribute, create derivative works of and publicly display such Materials solely in connection with the provision of any product or service by Smitten on Paper.

You represent and warrant that you own or otherwise possess all necessary rights with respect to the Materials, and that the Materials do not and will not infringe, misappropriate, or otherwise violate any copyright, intellectual property or any other right of any third party.

None of the Materials submitted will be subject to any obligation of confidentiality, attribution or otherwise on our part or on the part of any of our assignees, sub-licensees or designees, and neither we nor our assignees, sub-licensees or designees will be liable for any use or disclosure of any such Materials.

You agree that we may (but are not obligated to) to filter, alter or refuse any Materials at our sole discretion, and we may suspend service, processing and shipping of any order for any reason or purpose.

You agree to indemnify and hold Smitten on Paper and any parent, subsidiary, affiliate, officer, employee, partner, licensor, distributor, supplier, agent and owner harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of submission of your Materials to Smitten on Paper, or usage of your Materials by Smitten on Paper and our assignees, sub-licensees or designees.

Logo

The Smitten on Paper logo is featured on the back of all of our cards, with the exception of wedding invitations, wedding R.S.V.P. cards, wedding programs, wedding information cards and wedding activities cards.

Cancellations

We are unable to process order cancellations once the proof or proofs have been approved. If you have not yet approved your proof, you must request cancellation in writing. A cancellation fee may apply. Please refer to our Order FAQs for more information.

Rules of Conduct

By accessing or using the Website, you a) agree not to collect or use any personally identifiable information including, without limitation, user or customer names and email addresses, b) agree not to solicit, for any reason, commercial or otherwise, any users or customers of Website, c) agree not to upload or transmit any materials that are libelous or defamatory, pornographic, sexually explicit, unlawful, plagiarized, or infringes or violates any patent, copyright, trademark, trade secret or other property right, d) agree not to engage in behavior that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, obscene, or objectionable or offensive in any way, e) Use Website or Website’s services to solicit personal information from minors, and f) Access another User’s account in any manner or for any reason without the User’s explicit consent.

Account Information

By using the Website, you represent that you are of legal age to form a binding contract. You agree that the account information provided is accurate and current, and that we will not be held responsible for any loss or damage arising from your failure to provide accurate and current account information.

Feedback

By submitting feedback, suggestions or ideas (collectively, “Feedback”) to Smitten on Paper through our Website or any of our communication channels (including, but not limited to, email, phone, chat, blogs, and online surveys), you acknowledge and agree that your Feedback automatically becomes the property of Smitten on Paper without any obligation to you, that Smitten on Paper may use or disclose that Feedback for any purpose, and that you are not entitled to compensation or reimbursement of any kind from Smitten on Paper.

Intellectual Property

Any content on the Website is for your own personal, non-commercial, use only, and may not be used for any other purpose whatsoever without the prior written consent of Smitten on Paper. By accessing Website, you acknowledge and agree that all content including, but not limited to, logos, text, photos, and graphics are owned by or licensed to Smitten on Paper.

External Links

This Website may contain links to third party websites that are not owned or controlled by Smitten on Paper. Smitten on Paper has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using this Website, you specifically release Smitten on Paper from any and all liability arising from your use of any third-party website.

Indemnity

You agree to indemnify and hold Smitten on Paper and its affiliates, officers, agents, employees and partners harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out your use of the Website in any manner or for any reason, including, but not limited to, your violation of any of these Terms.

Termination

You agree that Smitten on Paper, in our sole discretion, may terminate your account or access at any time, without notice, for any reason including, but not limited to, a) violations of these Terms b) discontinuance or material modification of services provided and c) unexpected technical issues. Account termination may include deletion of all files and information associated with your account. You agree that Smitten on Paper will not be liable to you or any third party for termination of your account or access to the Website.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. SMITTEN ON PAPER, AND ANY PARENT, SUBSIDIARY, AFFILIATE, OFFICER, EMPLOYEE, PARTNER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT AND OWNER EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT.

SMITTEN ON PAPER MAKES NO WARRANTIES THAT (I) THE WEBSITE WILL FULFILL YOUR REQUIREMENTS, (II) THE WEBSITE’S CONTENT IS COMPLETE AND ACCURATE AND/OR (III) YOUR USAGE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF BUGS AND/OR VIRUSES.

SMITTEN ON PAPER ASSUMES NO LIABIITY OR RESPONSIBILITY UNDER ANY CIRCUMSTANCES FOR (I) ERRORS, MISTAKES, INACCURACIES AND/OR OMISSIONS IN CONTENT (II) LOSS, INJURY OR DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF WEBSITE OR SERVICES PROVIDED, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED WITHIN, (IV) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING OR OTHERWISE OBTAINING MATERIAL FROM SMITTEN ON PAPER.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT:

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SMITTEN ON PAPER, AND ANY PARENT, SUBSIDIARY, AFFILIATE, OFFICER, EMPLOYEE, PARTNER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT AND OWNER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMTED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF PROFITS OR LOSS OF DATA (WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (I) THE USE OR INABILITY TO USE OR ACCESS WEBSITE (II) ERRORS, MISTAKES, INACCURACIES AND/OR OMISSIONS IN CONTENT III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED WITHIN, (IV) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING OR OTHERWISE OBTAINING MATERIAL FROM SMITTEN ON PAPER (V) STATEMENTS MADE BY ANY THIRD PARTY REGARDING THE SERVICE AND/OR (VI) ANY OTHER MATTERS RELATING TO THE WEBSITE OR SERVICES PROVIDED.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THOSE WHO ACCESS OR USE THE WEBSITE ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

General Terms and Conditions

These Terms are governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Los Angeles County, California, and waive any jurisdiction, venue or inconvenient forum objection to such courts. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remainder of the Terms shall remain in full force and effect.

If you have any questions regarding these terms, please contact service@smittenonpaper.com.

Last Updated: January 5, 2012