CONDITIONS OF USE |
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Welcome to PacificInk.com. Pacific Ink, Inc. ("Pacific Ink") provides website features and other products and services to you when you visit or shop at PacificInk.com, use Pacific Ink products or services, use Pacific Ink applications for mobile, or use software provided by Pacific Ink in connection with any of the foregoing (collectively, "Pacific Ink Services"). By using the Pacific Ink Services, you agree, on behalf of yourself and all members of your office or household and others who use any Service under your account, to the following conditions. Please read these conditions carefully. We offer a wide range of Pacific Ink Services, and sometimes additional terms may apply. When you use a Pacific Ink Service (for example, your account profile, your order history, your address list) you also will be subject to the guidelines, terms and agreements applicable to that Pacific Ink Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. PrivacyPlease review our Privacy Notice, which also governs your use of Pacific Ink Services, to understand our practices. Electronic CommunicationsWhen you use Pacific Ink Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Pacific Ink Services. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. CopyrightAll content included in or made available through any Pacific Ink Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Pacific Ink or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Pacific Ink Service is the exclusive property of Pacific Ink and protected by U.S. and international copyright laws. TrademarksGraphics, logos, page headers, button icons, scripts, and service names included in or made available through any Pacific Ink Service are trademarks or trade dress of Pacific Ink in the U.S. and other countries. Pacific Ink’s trademarks and trade dress may not be used in connection with any product or service that is not Pacific Ink’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pacific Ink. All other trademarks not owned by Pacific Ink that appear in any Pacific Ink Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pacific Ink. License and AccessSubject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Pacific Ink or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Pacific Ink Services. This license does not include any resale or commercial use of any Pacific Ink Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Pacific Ink Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Pacific Ink or its licensors, suppliers, publishers, rightsholders, or other content providers. No Pacific Ink Service, nor any part of any Pacific Ink Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pacific Ink. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pacific Ink without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pacific Ink’s name or trademarks without the express written consent of Pacific Ink. You may not misuse the Pacific Ink Services. You may use the Pacific Ink Services only as permitted by law. The licenses granted by Pacific Ink terminate if you do not comply with these Conditions of Use or any Service Terms. Your AccountYou may need your own Pacific Ink account to use certain Pacific Ink Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Pacific Ink does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Pacific Ink Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Pacific Ink Household. Pacific Ink reserves the right to refuse service, terminate accounts, terminate your rights to use Pacific Ink Services, remove or edit content, or cancel orders in its sole discretion. Reviews, Comments, Communications, and Other ContentYou may post reviews, comments, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pacific Ink reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Pacific Ink a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pacific Ink and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pacific Ink for all claims resulting from content you supply. Pacific Ink has the right but not the obligation to monitor and edit or remove any activity or content. Pacific Ink takes no responsibility and assumes no liability for any content posted by you or any third party. Intellectual Property ComplaintsPacific Ink respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement. Risk of LossAll purchases of physical items from Pacific Ink are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Returns, Refunds, and TitlePacific Ink does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Pacific Ink does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center. Product DescriptionsPacific Ink attempts to be as accurate as possible. However, Pacific Ink does not warrant that product descriptions or other content of any Pacific Ink Service is accurate, complete, reliable, current, or error-free. If a product offered by Pacific Ink itself is not as described, your sole remedy is to return it in unused condition. Pricing"MSRP" means the manufacturer suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check MSRP against prices recently found on Pacific Ink and other retailers. With respect to items sold by Pacific Ink, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Pacific Ink is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We generally do not charge your credit card until after your order has entered the shipping process or has shipped. Sanctions and Export PolicyYou may not use any Pacific Ink Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Pacific Ink Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITYTHE PACIFIC INK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PACIFIC INK SERVICES ARE PROVIDED BY PACIFIC INK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PACIFIC INK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PACIFIC INK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PACIFIC INK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PACIFIC INK SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, PACIFIC INK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PACIFIC INK DOES NOT WARRANT THAT THE PACIFIC INK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PACIFIC INK SERVICES, PACIFIC INK’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PACIFIC INK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, PACIFIC INK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PACIFIC INK SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PACIFIC INK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. DisputesAny dispute or claim relating in any way to your use of any Pacific Ink Service will be adjudicated in the state or Federal courts in San Diego, California, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial. Applicable LawBy using any Pacific Ink Service, you agree that applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Pacific Ink. Site Policies, Modification, and SeverabilityPlease review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Pacific Ink Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Our AddressPacific Ink, Inc. Additional Software TermsThe following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Pacific Ink Services (the "Pacific Ink Software").
How to Serve a Subpoena or Other Legal ProcessSubpoenas or other legal process may be served by sending them to Pacific Ink at the following address: Pacific Ink, Inc. Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and IP address and complete time stamps. Notice and Procedure for Making Claims of Intellectual Property InfringementIf you believe that your intellectual property rights have been infringed, please submit your complaint in writing to serviceteam@pacificink.com. Your written complaint may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances. We offer the following alternative to email for copyright complaints only. You may mail written claims of copyright infringement to: Pacific Ink, Inc. Written claims concerning copyright infringement must include the following information:
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Updated: January 1, 2024 |
