LAST UPDATED: October 11, 2019
This website is operated by The Printed Home, a division of MADI DESIGN LLC ("Company", "We", or "Us"), a company based in California. Our Services and Products are provided to you, upon your acceptance of the following terms and conditions.
"You" ("User", "Customer", or "Client") means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. If you are entering into these Terms on behalf of a company or other legal entity, you must have the authority to bind such legal entity.
By visiting this website and/or purchasing one or more prints, posters, or items of apparel ("Products") from us, you engage in our “Service” and agree to be bound by the following terms and conditions of service (“Terms of Service” or "Terms). We may amend these Terms from time to time. Please read them carefully, as they contain important provisions relating to your use of the site.
SECTION 1 – REPRESENTATIONS REGARDING YOUR USE OF THE SERVICES
By placing an order for any product(s) from our site, you represent that: (i) you are at least the age of majority in your state or province of residence; (ii) you are legally capable of entering into binding contracts; (iii) you will not copy, distribute or share products other than as allowed under these Terms of Service; and (iv) you will not use our products for any illegal or unauthorized purpose or, in the use of this Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 – PERSONAL INFORMATION
You do need to register with our site to place an order; however, you will be required to provide certain information including certain personal and payment/billing details so that we can process your order. You agree that we may store, process and use personal data collected from you solely for the purposes of processing/fulfilling your order. We work with third parties that help us fulfill and ship orders to you, including credit card payment companies, and they will also have access to your personal data to the extent necessary to help us process/fulfill your order.
You agree to provide us with accurate details. You further agree to provide us with your details only. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details on this site.
SECTION 3 – LICENSE TO USE THE PRODUCTS
All products available through the site are owned or licensed by us and are protected by intellectual property rights.
Any use of products purchased through the site is subject to these Terms of Service. Upon payment of the price of the product, we grant you a non-exclusive, non-transferable license to use that product consistent with these terms.
You agree that you will use our products for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any products to anyone else. Nothing in these Terms of Service grants to you any rights other than those expressly set out herein. These Terms of Service do not grant to you any rights in relation to promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any of our products.
SECTION 4 – DIGITAL PRODUCTS
4a. - REQUIREMENTS TO ACCESS DIGITAL PRODUCTS
In order to access and download digital (downloadable) prints or posters, you will need an internet connection and a personal desktop computer or mobile device capable of opening the digital files, which will be delivered as PDFs.
You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for any hardware you use to download or access our digital products.
4b. - LICENSE TO USE THE PRODUCTS
All products available through the site are owned or licensed by us and are protected by intellectual property rights.
Any use of digital (downloadable) products purchased through the site is subject to these Terms of Service. Upon payment of the price of the product, we grant you a non-exclusive, non-transferable license to use that product consistent with these terms.
You agree that you will use our products for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any digital products to anyone else. Nothing in these Terms of Service grants to you any rights other than those expressly set out herein. These Terms of Service do not grant to you any rights in relation to promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any of our products.
To prevent unauthorized use, our digital prints and posters may carry a digital watermark or other security technology that will not appear on physical copies but would allow us to identify the origin of the print or poster and track any subsequent unauthorized transfer. You agree to not attempt to remove any such watermark or circumvent such security technology in any way.
SECTION 5 – AVAILABILITY AND DELIVERY OF PRODUCTS
All digital products featured on our site are subject to availability. We reserve the right to change or remove a digital product or other content on the site at any time without notice or liability to you or to any third party. For example, we may have obtained rights from third parties to make a print or poster available and, in the event we lose these rights, we may need to remove the product from the site and make it unavailable for purchase.
We reserve the right, but are not obligated, to limit the sales of our digital prints to any person, geographic region or jurisdiction or to reject any order we receive. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of our products or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 – E-DESIGNS
Our E-Design Service is a convenient and budget-friendly alternative to hiring a designer in person for design services. All E-Designs are in digital format only. No physical products will be delivered. All selections, recommendations and specifications are suggestions based on our design knowledge and taste, to help improve the look and feel of your space. This service is not intended for structural or architectural purposes. All E-Design packages will be delivered to you, the Client, within 30 days, given we have all needed dimensions, pictures and information required from Client. Any delays in providing this information will result in a day-for-day delay in delivering the E-Design package. E-Design Clients understand that communication with us is via online services only. For any phone calls, Client is responsible for any phone carrier charges that may apply.
The Printed Home will make product recommendations during the E-Design process, based on style, budget, and dimensions given by Client in the Project Information form and Client Questionnaire. We are not responsible for any recommended products not meeting your expectations. Due to the digital nature of E-Design packages, we cannot guarantee that colors and other information represented by vendors is a true representation of the physical product.
Client is responsible for placing orders, including the approval of chosen sizes, colors, prices, taxes, delivery times, shipping costs, and any other relevant information at time of purchase. Any returns, exchanges, or refunds requested by the Client relating to products from a Third Party are the responsibility of the Client.
The Printed Home is also not responsible for the fabrication of custom pieces, for damages, repairs, delivery, or installation of any recommended products, any delays in lead times or the quality of products or services offered by Third Parties. Please read Section 10 for more information on Third Parties.
The Printed Home will not be responsible for any contractors, sub-contractors, or trades performing any on-site work relating to an E-Design.
We recommend purchasing recommended products within 30 days of Client's E-Design completion to avoid products going out of stock or being discontinued. Should a product become unavailable within 30 days of the E-Design completion, The Printed Home will make an alternative recommendation at no cost to you. For any out of stock or discontinued item after that 30-Day period, The Printed Home can make alternative recommendations at an hourly fee of $75/hr.
If you are renting, you are responsible for communicating any design changes or plans with the Owner or Property Management Company to ensure you have permission to make those changes.
We will make every reasonable effort to deliver an E-Design that satisfies the Client requirements stated in the Project Information form and Client Questionnaire. The purchase of any of our E-Design Services is a final, non-exchangeable, non-refundable sale. The price includes the deliverables stated in the E-Design Package and Welcome Packet, including one round of revisions. Please make sure to ask any questions regarding the E-Design process or deliverables before making a purchase.
SECTION 7 – PRICING AND PAYMENT
Prices for any of our Products or Design Services are liable to change at any time without notice, but the changes will not affect orders in respect of which we have already taken payment and made the download available.
The price of any product will be as quoted on this site at the then current time, except in the case of obvious error. We do our best to ensure the prices of our products are correct. However, our site contains a number of products and variables, and it is possible that, despite our best efforts, a product listed on our site may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake. We reserve the right to withdraw from any contract for prints or posters in the case of obvious and unmistakable pricing errors.
Mobile users: Please note that, if you are downloading a digital product to a mobile device, some network/service providers may charge you an additional amount for this service. We recommend you contact your network/service provider to understand the nature and extent of any additional charges before electing to download a digital product to a mobile device. Note that overseas roaming charges may also apply.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate payment and account information for all purchases from The Printed Home. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the product(s) and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment, we will contact you to discuss the next steps.
SECTION 9 – CANCELLATIONS AND RETURNS
Please note that we cannot guarantee that the quality or design of any product purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section. We have made every effort to display as accurately as possible the details, colors, and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
You may not cancel a digital (downloadable) order once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.
We take great care in creating our products. In the unlikely event of faults with, or damage to, our products, or if you have received a faulty or incomplete product, please contact us at firstname.lastname@example.org. We will repair or replace any such faulty or damaged product if possible or, if there are continuing issues with the product, we may issue you a refund. You must notify us within 5 days of receiving your product. If you fail to notify us within 5 days, we will have no liability to you.
SECTION 10 – AFFILIATE LINKS AND THIRD PARTY WEBSITES
In connection with our provision of the Services, we may include affiliate links on our product pages, 'Instagram’ page, E-Design packages, and in our blog posts. These affiliate links allow us to receive a small commission at no cost to you. These affiliate links will take you to third-party websites over which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such websites ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party websites.
Any use by you of optional affiliate link offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which products are provided by the relevant third-party provider(s) before engaging in any transaction. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER CONTENT
“User Content” in these Terms refers to reviews, comments, photographs, videos, or other content posted by the User on websites or social media platforms that references the Company’s product(s) and/or services. By agreeing to allow the Company to use your User Content, you are agreeing to these Terms and to the Company's use of your User Content in accordance with these Terms.
11a. - COLLABORATIONS
If a user agrees to receive a gifted product from The Company, all photographs and content posted in reference to the gift will be deemed as promotional material that the Company is allowed to use. The photograph or other content of the user (including, but not limited to photograph captions and user's social media platform handle) is referred to as "User Content" in these Terms. By agreeing to allow Company to use your User Content, you are agreeing to these Terms and to the Company's use of your User Content in accordance with these Terms.
11b. - LICENSE GRANT
For the good and valuable consideration of the further dissemination of your User Content on one or more Social Media Platforms, which you already disseminated, the receipt and legal sufficiency of which is hereby acknowledged, you hereby irrevocably grant the Company, its affiliates, subsidiaries, successors and assigns, a non-exclusive license (but not the obligation) to reproduce, stream, and otherwise use your User Content throughout the universe, in perpetuity, to promote the Company and its products and services in all media and formats whether now or later known or developed, including on any social media platform, without further notice to, consent by, or payment to you. Without in any way limiting the foregoing, the Company shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, make derivative works of, or alter the User Content for any purpose that the Company deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have therein. The Company shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity.
11c. PUBLICITY RELEASE
You agree that the Company shall have the right, but not the obligation, to use your name, voice, likeness, and image, along with any statements made by or attributed to you relating to your User Content or Company on any social media platform, in perpetuity and throughout the universe for advertising, marketing, publicity, and promotional purposes to promote the Company and its products and services, in all media, including but not limited to on any social media platform, without further compensation. You agree that you will make no claim of any kind against Company as a result of any of the uses described above, and irrevocably and unconditionally waive and release Company from any and all claims, demands, and liabilities of any kind or nature whatsoever arising out of or in connection with such use including, without limitation, any and all claims, demands, or liabilities for invasion of privacy, infringement of the right of publicity, defamation (including libel and slander) and any other personal and/or property rights.
11d. REPRESENTATIONS AND WARRANTIES
You represent and warrant as follows: (i) you are at least eighteen (18) years of age and not a minor; (ii) the User Content is your own original work or, if the User Content or any component thereof is owned in whole or part by anyone other than the user (for example, if the User Content was created by a photographer other than the user), you shall, prior to agreeing to these Terms and Conditions, obtain consent from the owner of such materials for the User Content to be used by the Company; (iii) you have obtained consent from all persons whose image, name, likeness, voice or other identifiable characteristics are included in the User Content; (iv) the User Content does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with you, and as of the date of submission to Company, is not the subject of any actual or threatened litigation or claim; (v) the User Content does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (vi) the User Content does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.
11e. RELEASE OF LIABILITY
You agree that Company and any social media platforms shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from Company's use of your User Content in accordance with these Terms. You hereby release Company and any social media platforms from and against any liability, including, resulting from Company's use of your User Content in accordance with these Terms.
SECTION 12 – VIOLATION OF THESE TERMS OF SERVICE
If you are in breach of, or we suspect you are in breach of, these Terms of Service, then we may take any/all of the following actions:
Immediate, temporary or permanent withdrawal of your access to your account and/or the site; however, you will remain responsible for any outstanding payments to us for products
legal action against you
disclosure of information to law enforcement authorities as we reasonably feel is necessary
The responses described above are not limited and we may take any action we reasonably deem appropriate.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service or access to our products will be uninterrupted, timely, secure or error-free.
We may make this site unavailable for indefinite periods of time or cancel the service at any time, without notice to you. You agree you will have no claim against us in respect of any decision to remove products from this site or any decision to suspend or terminate your access to this site or to products (including by way of purchase) through the site.
You expressly agree that your use of, or inability to use, the service to purchase products is at your sole risk. The Service and all products delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Printed Home, our staff, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Printed Home and our affiliates, agents, contractors, interns, suppliers, service providers, or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
SECTION 16 – NOTICES
All notices given by you to us must be given by email to email@example.com. We will give notice to you at the email address you provide to us as part of the order process or your account registration. Notice will be deemed received and properly served immediately when posted on our site or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to, and received by, the specified email address of the addressee.
SECTION 17 – EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE)
We will not be liable or responsible for any delay or failure to perform any of our obligations under these Terms of Service that is caused by events outside our reasonable control, including, but not limited to, acts of God, strikes, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services.
Our performance under these Terms of Service will be suspended for the period that any of these Events continue, and we will be entitled to a reasonable extension of time for the performance of our obligations under these Terms of Service after notifying you of the nature of extent of such Event. We will use commercially reasonable efforts to find a solution by which our obligations relating to our products may be performed despite the Event.
SECTION 18 – ENTIRE AGREEMENT; SEVERABILITY
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and purchase of our Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.
SECTION 20 – QUESTIONS OR COMPLAINTS
If you have any questions regarding these Terms of Service, please contact us via e-mail at firstname.lastname@example.org and we will be happy to assist you.