Terms of Service
Effective Date: May 2018
This website, store.yesco.com, is owned and operated by YESCO LLC ("YESCO" "us," "we," and "our"). This Terms of Service ("Terms") contains the terms and conditions that govern your use through our websites, including the products and services offered on the websites (collectively, the "Website"). Use of this Website constitutes your acceptance of and agreement to these Terms. If you do not agree to be bound by these Terms, please promptly exit the Website. Additionally, specific pages on the Website may set out additional policies, terms, and conditions, including Satisfaction Guaranty and Returns, and FAQs all of which are incorporated by this reference into these Terms.
Modifications and Severability
We may make changes to these Terms from time-to-time. We will notify you of any material changes by sending you an email, or posting a notice on the home page of the Website, or posting a notice in your account when you first login after we have made changes. If you receive notification of a change in our Terms, you must review the new Terms carefully to make sure you understand our practices and procedures. You may not be able to receive notices from us if your cookies are not set to accept and/or are disabled. Your continued use of the Website following posting of a change notice or new Terms on the Website will constitute binding acceptance of the changes. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, then any such offending term or condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms.
Our Website and Services
We provide a number of Internet-based services through the Website (all such services, collectively, the "Services"). One such service enables users to create and purchase customized products, including without limitation, framed and unframed canvas prints (collectively, "Products"). Users may create and purchase individual Products for their own use through the Services. We may offer a number of additional services on the Website, such as galleries, message boards, contests, and newsletters, which may change from time-to-time.
All pages within this Website and any material made available for download are the property of YESCO, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws. The contents of the Website, including, without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (collectively, "Content") may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in these Terms or in writing by YESCO. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, the Content, or other proprietary information (including images, text, page layout, or form) without our written consent.
Use of the Website and Service
We will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are not intended for children under the age of 13.
You must comply with all of the terms and conditions of these Terms, the applicable agreements and policies referred to in these Terms, and all applicable laws, regulations, and rules when you use the Services and the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; or (ii) accessing or using the Website or any portion thereof without authorization in violation of these Terms or in violation of applicable law. You may not collect or use information contained on the Website for the prohibited purposes, to compete with us, to create derivative works based on the Content of the Website, or download or copy the Website (other than page caching).
In the event access to the Website or a portion thereof is limited requiring an account with a username and password ("Protected Areas"), you agree to access Protected Areas using only your account as provided to you by YESCO. You agree to protect the confidentiality of your username and password, and not to share or disclose your username or password to any third party. You agree that you are fully responsible for all activity occurring under your account. Your access to the Website may be restricted or revoked by us at any time with or without cause.
We may use third parties to provide certain services accessible through the Website. We do not control those third parties or their services, and you agree that we will not be liable to you in any way for your use of such services. These third parties may have their own terms of service and other policies. You must comply with such terms and policies as well as these Terms when you use those services. If any such terms or policies conflict with these Terms, or any other agreements or policies, you must comply with these Terms, and such other agreements and policies, as applicable.
You may purchase Products and Services on the Website. We accept all major credit cards issued by U.S. banks. If you purchase any Products or Services, you agree to do so in accordance with instructions provided on the Website, and agree to comply with any additional terms that may be provided. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. You represent and warrant that if you are making online payments that (i) any credit card, debit card, and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
You may only use the Website and Services only as expressly permitted by YESCO. You agree to not cause harm to the Website or Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website or Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Services; (iii) use a robot, spider, or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters, or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Services; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain our name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Services; (viii) deep-link to any feature or content on the Website, bypass our security, robot exclusion headers, or other; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms.
Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accurateness of this Website, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website, Services, or Content therein. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Website from any third party not affiliated with or a supplier of YESCO.
We have made significant efforts to accurately display the images of our Products that appear on the Website and the Content. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from third parties, we shall have the right to refuse or cancel any orders placed for the Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit or debit card account for the amount of the canceled order.
We reserve the right to modify the organization, structure, or "look and feel" of the Website or Services, and may change, suspend, or discontinue any aspect of the Website or Services at any time without any liability to you or any third party. We shall have complete and exclusive discretion over the features, functions, prices, and other terms and conditions on which the Website and Services are offered to you.
Printing Services, User Generated Content, and Submissions
As part of these Services, we may offers a service that allows you to upload images, photographs, graphic designs, and other content (collectively, "User Generated Content") to the Website to create, produce, and purchase Products featuring the uploaded Content for your own use ("Printing Service").
If you wish to use the Printing Service, you will upload or deliver to us all User Generated Content that you want to use with the service in accordance with the applicable instructions on the Website. We and/or our suppliers may, in our sole and exclusive discretion, determine whether any User Generated Content complies with such instructions and is satisfactory for use with the Printing Service.
You will retain ownership of the User Generated Content that you upload to the Website. You hereby grant to us a royalty-free, worldwide, transferable, non-exclusive, sublicensable, right and license to use such User Generated Content, in all media existing now or created in the future, as we deem necessary to enable you to fully use the Printing Service and for us to provide the Printing Service. We may sublicense the rights that you grant to us in this Section to a third party suppliers for any appropriate purpose including, but not limited to, providing the Printing Service, processing your order, and producing and shipping your Products.
As a part of our Services, you may have the option of creating a gallery of your User Generated Content ("Gallery"). You are responsible for all the content in your Gallery. You understand and agree that we shall not be liable for any access to, use of or disclosure of any User Generated Content, including images, comments or other content in your Gallery. We may require you to change the URL for your Gallery.
You agree not to provide any User Generated Content, comments, ideas, suggestions, information, files, videos, images, or other materials that (i) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (ii) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (iii) contains or transmits a virus or any other harmful component. You represent and warrant to us that you have the legal right and authorization to provide all User Generated Content, comments, ideas, suggestions, information, files, videos, images, and any other materials to us for the purpose and use as set forth herein. You agree not to contact other users of the Website through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
You grant YESCO and its suppliers the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. YESCO, its suppliers, and our respective affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
All brand, product, and service names used on the Website which identify us or other third parties and their products are the proprietary marks of YESCO and/or the relevant third parties. Nothing in these Terms shall be deemed to confer on any person any license or right on the part of YESCO or any third party with respect to any such image, logo, or name. You shall not make any use of the trademarks, logos, or trade dress of YESCO or its affiliates without our prior express and written approval.
All User Generated Content and other materials are subject to review and examination by us, but you agree that such review and examination imposes no duties or liability on us. Any and all images are subject to all applicable laws, and any perceived violations of law will be reported by us to the applicable law enforcement authorities. We and/or our suppliers reserve the right in our sole and absolute discretion to refuse to process or post any User Generated Content and other materials that we deem objectionable.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications, or any other information ("Submissions"), you grant us permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that we will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on "moral rights" or the like arising from our use of a Submission.
All items purchased through this Website are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on our or our suppliers' shipment to the shipping carrier. We reserve the right to ship partial orders.
For shipments to Canada, you authorize UPS Canada as chosen by YESCO to act as your agent and to transact business with the Canada Border Services Agency ("CBSA") to clear any merchandise, account for duties and taxes, return merchandise, and prepare and submit refund claims on your behalf for any merchandise that is returned. You acknowledge and agree that the CBSA shall send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that you will obtain the refund directly from YESCO or its third-party supplier. You authorize the custom broker to endorse any refund check issued by the CBSA in your name, so that YESCO or its third-party supplier may be reimbursed.
Any and all products available for purchase or license on the Website are subject to the export control laws and regulations of the United States and any other countries, as applicable. In purchasing any of the products, you agree not to dispose through export, re-export, trans-shipment, or otherwise, of any product purchased or licensed from or through YESCO, except in accordance with all applicable export control laws and regulations.
Representations and Warranties
You represent and warrant to YESCO (i) that you have the full power and authority to enter into and perform under these Terms, (ii) the execution and performance of your obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, and (iii) these Terms are a legal, valid, and binding obligation of you, enforceable in accordance with its terms and conditions.
You represent and warrant to YESCO that, in your use of the Website and Services, (i) you will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party; (ii) you will comply with all applicable laws, rules, and regulations, including, without limitation, zoning or other land use requirements for the placement of signs or other advertising media; (iii) there are no claims, demands, or any form of litigation pending, or to the best of your knowledge, threatened against you with respect to any of the User Generated Content or Submissions; (iv) YESCO will not be required to make any payments to any third party in connection with its use of the User Generated Content or Submissions; (v) the use of any instructions, formulae, recommendations, or the like contained in the User Generated Content or Submission will not cause injury to any third party; and (vi) the User Generated Content or Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
You agree to indemnify and hold us, YESCO and our suppliers, and our and our suppliers' representatives, agents, affiliates, directors, officers, managers, and shareholders (the "Parties") harmless from and against any damage, loss, and expense (including, without limitation, attorneys' fees, expenses, and costs) incurred in connection with any third-party claim, demand, or action ("Claim") brought against any of the Parties (i) alleging that you have breached any provision of these Terms or any applicable laws, rules, or regulations through any act or omission, (ii) arising out of any User Generated Content you post or allow to be posted to the Website or any Submissions, or (iii) arising out of your use or access of the Website, or access by anyone accessing the Website using your account.
For any indemnification under this Section, YESCO will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without YESCO's express written permission.
Disclaimers and Exclusions
YESCO PROVIDES THE WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YESCO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR ITS USE: (I) WILL BE UNINTERRUPTED; (II) WILL BE FREE OF INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YESCO MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. YESCO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES, AND LINKED WEBSITES. YESCO DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY YESCO ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YESCO DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO SUCH PRODUCTS.
Limitation of Liability
YOU AGREE THAT YESCO, ITS SUPPLIERS, AND ANY OTHER THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF YESCO TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $100 (ONE HUNDRED DOLLARS).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail; (ii) nationally-recognized overnight courier; or (iii) electronic mail. If you give notice to us, you must use the following addresses: YESCO Store Copyright Manager. 120 Ninth Avenue Longmont, Colorado 80501. If we provide notice to you, we will use the contact information provided by you to us. All notices will be deemed received as follows: (a) if by delivery by U.S. mail, seven (7) business days after dispatch, (b) if by nationally-recognized overnight courier, on the date receipt is confirmed by such courier service, or (c) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
Copyright Infringement Claims
We disclaim any responsibility or liability for copyrighted materials posted on the Website or through our Services. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below:
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to our designated copyright agent.
Notices of Alleged Infringement for Content Made Available on the Website
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by sending us a notice ("Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
The Notice should be delivered to the following designated copyright agent:
YESCO Store Copyright Manager
120 Ninth Avenue
Longmont, Colorado 80501
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When we receive a counter notice, we may reinstate the material in question. To provide a counter notice to us, please provide the following information to our designated copyright agent.
1. Identification of the material that has been removed or to which access has been disabled on the Website and the location at which the material appeared before it was removed or access to it was disabled.
2. A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
3. Your name, address, telephone number and, if available, email address.
4. A statement as follows: "I hereby consent to the jurisdiction in the state or federal courts located in Utah, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person."
5. Provide your full legal name and your electronic or physical signature.
The Counter Notice should be delivered to the following designated copyright agent:
YESCO Store Copyright Manager
120 Ninth Avenue
Longmont, Colorado 80501
You agree and acknowledge that YESCO, in its sole discretion, may terminate your use of the Website, and remove and discard any User Generated Content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Website, at any time, without notice, for any reason, including but not limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by YESCO elsewhere on the Site;
b. Conduct that YESCO believes is harmful to other users or other third party information providers; and
c. Conduct that violates the spirit of these Terms.
Further, you agree that YESCO shall not be liable to you or any third-party for any termination of your access to the Website. We urge you to make personal copies of all content you store on the Website.
Governing Law and Jury Waiver
The state and federal courts of Utah shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Utah for any action arising in relation to these Terms.
YOU AND YESCO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR ANY TRANSACTIONS RELATING TO THE WEBSITE.