Effective January 1, 2012
MobilePrints.com is an online marketplace for buying and selling Instagram photos as framed prints, canvas prints, greeting cards, and other "print on demand" products.
By using the MobilePrints.com website ("Website") you agree to be bound by this
Member. If you wish
to become a Member, communicate with other Members, or make use of the MobilePrints.com services (the "Service"), please read this Agreement
and indicate your acceptance by following the instructions during the
This Agreement sets out the legally binding terms for your use of the
Website and your Membership in the Service. MobilePrints.com may modify this Agreement from time to time and such modification shall
be effective upon posting to the Website by MobilePrints.com.
You agree to be bound to any changes to this Agreement when you use the
Service after any such modification is posted. This Agreement
includes MobilePrints.com's policy for acceptable use and content
posted on the Website, your rights, obligations, and restrictions
regarding your use of the Website and the Service.
After opening an Artist account on MobilePrints.com, Artists are
able to created detailed on-line profiles of themselves, including:
artist name, biography, sample artwork, areas of expertise,
phone numbers, e-mail addresses, contact information, and
much more. All of this information is fully disclosed on the MobilePrints.com website. Any site visitor that visits
MobilePrints.com and navigates to a artist's "profile page" will
be able to view all of the profile information that has been entered by
that Artist. The visitor is not required to login in order to view
this information. The Artist's information will be open to any and
Cancellation of Artist Account
An Artist may close his / her account at any time by
sending an e-mail to accounts - at - instaprints.com (subject: account termination).
Upon receipt of the e-mail, MobilePrints.com will immediately close
the account and remove the associated profile page from the site.
Membership in the Service is void where prohibited. By using
the Website and the Service, you represent and warrant that all
registration information you submit is truthful and accurate and that
you agree to maintain the accuracy of such information. You
further represent and warrant that you are 18 years of age or older and
that your use of MobilePrints.com shall not violate any applicable
law or regulation. You are solely responsible for all Content
published or displayed through your account, including any email
messages, and for your interactions with other Members.
Term & Fees
This Agreement shall remain in full force and effect while you use
the Website, the Service, and/or are a Member. You may terminate
your membership at any time, for any reason by sending an e-mail to
accounts - at - instaprints.com ( subject: account termination).
MobilePrints.com may terminate your Membership for any reason,
effective upon sending notice to you at the email address you provide in
your Membership application or such other email address as you may
subsequently provide to MobilePrints.com. If
MobilePrints.com terminates your Membership in the Service because
you have breached the Agreement, you shall not be entitled to the refund
of any unused portion of subscription fees (if applicable). Even after membership
subscription fees that were provided to you at registration may change
from time to time. By using the Service and by becoming a Member,
you acknowledge that MobilePrints.com reserves the right to charge
for the Service and has the right to terminate a Member's Membership
should Member breach this Agreement or fail to pay for the Service, as
required by this Agreement.
In addition, MobilePrints.com reserves the right to charge monthly membership fees for
Artists. The current fee is $0.00 / month.
A notification of any fee change will be e-mailed to all affected
Members at least 30 days in advance of the change. Any Member that
wishes to cancel his/her account may do so at any time by sending an
e-mail to accounts - at - instaprints.com (subject: account termination). Upon cancelation, members will not be entitled to a refund of any previously charged membership fees (unless the cancelation occurs within 30 days of the member's sign-up date).
Proprietary Rights in Content on MobilePrints.com
MobilePrints.com owns and retains all proprietary rights in the
Website and the Service. The Website contains copyrighted material,
trademarks, and other proprietary information of MobilePrints.com and
its licensors. Except for that information which is in the public
domain or for which you have been given written permission, you may not
copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information.
Content Posted on the Site.
a. You understand and agree that MobilePrints.com may review and
delete any content, message, photo or profile (collectively,
"Content") that in the sole judgment of MobilePrints.com violate this
Agreement or which may be offensive, illegal or violate the rights,
harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that you publish or
display (hereinafter, "post") on the Service or any material or
information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, you
hereby grant to MobilePrints.com the non-exclusive, fully paid, worldwide
license to use, publicly perform and display such Content on the
Website. This license will terminate at the time you remove such Content
from the Website. You represent and warrant that: (i) you own the
Content posted by you on the Website or otherwise have the right to
grant the license set forth in this section, and (ii) your Content does
not violate the privacy rights, publicity rights, copyright rights, or
other intellectual property rights of any person. You agree to pay for
all royalties and fees owing any person by reason of any Content you
post on the Website.
d. The following is a partial list of the kind of Content that is
illegal or prohibited on the Website. MobilePrints.com reserves
the right to investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including without
limitation, removing the offending communication from the Service and
terminating the membership of such violators. Prohibited Content
includes Content that: i. is patently offensive and promotes racism,
bigotry, hatred or physical harm of any kind against any group or
individual; ii. harasses or advocates harassment of another person; iii.
involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming"; iv. promotes information that
you know is false or misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files; vi. contains restricted or password only access pages or
hidden pages or images (those not linked to or from another accessible
page); vii. provides material that is sexual in nature; viii. provides
instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses; ix. solicits passwords or personal
identifying information for commercial or unlawful purposes from other
users; or x. is irrelevant to the art industry and the
stated purpose of this website.
e. You must use the Service in a manner consistent with any and all
applicable laws and regulations.
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights.
It is the policy of MobilePrints.com to terminate membership
privileges of any member who repeatedly infringes copyright upon prompt
notification to MobilePrints.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if
you believe that your work has been copied and posted on the Service in
a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest; a description of the copyrighted work
that you claim has been infringed; a description of where the material
that you claim is infringing is located on the Website; your address,
telephone number, and email address; a written statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
You are solely responsible for your interactions with
other MobilePrints.com Members. MobilePrints.com
reserves the right, but has no obligation, to monitor disputes between
you and other Members.
Use of the Website and/or the Service is also governed by our Privacy
MobilePrints.com is not responsible for any incorrect or
inaccurate Content posted on the Website or in connection with the
Service provided, whether caused by Members of the Website or by any of
the equipment or programming associated with or utilized in the Service.
MobilePrints.comis not responsible for the conduct, whether online
or offline, of any user of the Website or Member of the Service.
MobilePrints.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, or alteration of, any user or Member communication.
MobilePrints.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of any email
or players due to technical problems or traffic congestion on the
Internet or at any Website or combination thereof, including any injury
or damage to users and/or Members or to any person's computer related to
or resulting from participation or downloading materials in connection
with the Website and/or in connection with the Service. Under no
circumstances shall MobilePrints.com be responsible for any loss or
damage, including personal injury or death, resulting from use of the
Website or the Service or from any Content posted on the Website or
transmitted to Members, or any interactions between users of the
Website, whether online or offline. The Website and the Service
are provided "AS-IS" and MobilePrints.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
MobilePrints.com cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
Limitation on Liability
IN NO EVENT SHALL MobilePrints.com BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF
THE WEB SITE OR THE SERVICE, EVEN IF Mobile Prints HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, Mobile Prints's
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU
TO Mobile Prints FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
If there is any dispute about or involving the Website and/or the
Service, by using the Website, you agree that any dispute shall be
governed by the laws of the State of New York without regard to conflict
of law provisions and you agree to personal jurisdiction by and venue in
the state and federal courts of the State of New York, City of New York.
You agree to indemnify and hold MobilePrints.com, its
subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above.
This Agreement is accepted upon your use of the Website and is
further affirmed by you becoming a Member of the Service. This
Agreement constitutes the entire agreement between you and
MobilePrints.com regarding the use of the Website and/or the Service.
The failure of MobilePrints.com to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right
or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. Please
contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS