Terms of Use

 

Updated 2/10/2020

Restrictions on Use of Materials

 

This site is owned and operated by pc/nametag, a division of Avery Products Corporation. No material from pc/nametag or any web site owned, operated, licensed or controlled by pc/nametag or Avery Products Corporation may be copied, reproduced, republished, uploaded, transmitted, or distributed except as explicitly stated herein. You may download the materials, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of pc/nametag’s copyright and other proprietary rights. In the event you download software from the website or use any templates from the website, including pc/nametag event badges and name tags, the software, including any files, images incorporated in, and data accompanying the software (collectively, the "Software") are provided to you under a limited revocable license by pc/nametag pc/nametag does not transfer any other rights or title to the Software. pc/nametag retains full and complete title and ownership, to the Software, and all intellectual property and other legal rights therein. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software. Any guidance provided on this website is not to be considered legal advice and should not be used as a substitute for legal advice. As every situation requires unique legal guidance you should consult an attorney to ensure you comply with all applicable laws, or regulations, including, without limitation the GHS.

Guidelines for the Use of pc/nametag Templates and Software

 

pc/nametag Software contains numerous photo images and clip art (collectively referred to as the "Images") which are either owned by pc/nametag or licensed from a third-party. As a user of the website you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use complies with the guidelines set out below, seek the advice of your own attorney or legal counsel. pc/nametag will not provide you with an opinion as to whether your use complies with these terms of use.

YOU MAY, subject to any restrictions set out below:

 

Incorporate any Image(s) into your own original work and publish, display and distribute your work in any media. You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product; Make one (1) copy of the Image(s) for backup or archival purposes.

YOU MAY NOT:

 

Create scandalous, obscene, defamatory, immoral or otherwise inappropriate works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law; Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof; Use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason; Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License; Use any Image(s) except as expressly permitted by this License. Upload or create any content that is scandalous, obscene, defamatory, immoral, harmful, threatening, abusive, vulgar, harassing, pornographic, profane, hateful, objectionable, or invasive of another's rights, including but not limited to rights of celebrity, privacy and intellectual property. Upload or create any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You can't use images that you do not have permission to use. You cannot create a "new" image using elements from images other people have created. By uploading any content, you represent and warrant that you have the lawful right to reproduce and distribute such content. Upload or create any content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would violate any laws.

Jurisdiction

 

This site is controlled and operated by pc/nametag, doing business as a division of Avery Products Corporation, pc/nametag’s offices within the state of Wisconsin, United States of America. pc/nametag makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, and the Crimea region of Ukraine or any other country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its choice of law provisions. If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use, together with the other pc/nametag policies referenced herein, constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by pc/nametag.

Trademark Notice

 

pc/nametag, 4 X More, Big Show, Cordial, EZ Stuff, Meeting Power, Momentz, Meetings Direct, Namebadges To Go, No-Twist Clip, Oneway, Oneway Flex, Oneway Slide, Oneway Stack, Oneway Tall, PCN, Pillar, BEVL, Pret-A-Sporty, Redi-Reg, Smart Ones, Sporty, Stack-A-Ribbon, Zip Badge and all other pc/nametag brands, product names are trademarks of pc/nametag, Avery Products Corporation (or one of their affiliates). All other brands and product names are trademarks of their respective companies.

Termination

 

The terms of use are effective until terminated by either party. You may terminate these terms of use at any time by destroying all materials obtained from any pc/nametag web site(s) and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise. These terms of use will terminate immediately without notice from pc/nametag if in pc/nametag’s sole discretion you fail to comply with any provision of the terms of use. Upon termination, you must destroy all materials obtained from this website and any other pc/nametag site(s) and all copies thereof, whether made under the provisions of the terms of use or otherwise.

Warranty Disclaimer

 

pc/nametag provides a satisfaction guarantee for orders and use of pc/nametag’s website, software and templates with genuine pc/nametag products and materials. pc/nametag is not responsible for circumstances beyond its control, including spelling, punctuation or other grammatical errors by the user, low-resolution or inferior quality of images uploaded by the user, design errors not made by pc/nametag, such as choice of finish, quantity or product type, or damage to products during shipping. All designs must be carefully reviewed by the user and any mistakes corrected prior to placing an order. Otherwise, the materials, information, software and technology in this site are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, non-infringement, any implied warranties of merchantability and fitness for a particular purpose. Pc/nametag does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this web site or the server that makes it available are free of viruses or other harmful components. pc/nametag does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.

Limitation of Liability

 

Under no circumstances shall pc/nametag be liable for any special, incidental or consequential damages, including without limitation lost profits, business interruption, loss of goodwill, and regardless of the form of action, be it breach of contract, negligence or otherwise, that result from the use of, or the inability to use, the materials in this web site, even if pc/nametag has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall pc/nametag's total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the order amount or the amount, if any, for accessing this web site, paid by you to pc/nametag. Some jurisdictions do not allow limitations on implied warranties or exclusion of liability for certain types of damages; as a result, the above limitations or exclusions may not apply to you in whole or in part and the foregoing paragraph shall not apply to a resident of New Jersey to the extent damages to such New Jersey resident are the result of pc/nametag’s negligent, fraudulent, or reckless act(s) or intentional misconduct.

Indemnification

 

You agree to indemnify, defend and hold harmless pc/nametag, and pc/nametag’s licensors, affiliates and subsidiaries and their directors, officers, agents and employees, against all claims, investigations, infringements, actions, liabilities, losses, awards, judgments, damages, costs and expenses, including reasonable legal and other professional fees and expenses, arising out of or related to your breach of these terms of use or any text, photograph, image, graphic, content or other material you incorporated into products not part of the standard web site content.

Pricing Promotions

 

Items in your shopping cart reflect the current price. Please note: This price may differ from the price displayed when the item was first placed in your shopping cart. pc/nametag reserves the right to limit quantities and to refuse to sell to any person whom pc/nametag believes may be purchasing for resale. pc/nametag works hard to ensure the accuracy of our pricing. Despite our efforts, pricing errors may still occur. If an item’s price is higher than the price displayed, pc/nametag will cancel your order of that item and notify you of the cancellation.

 

Offer Details: Only one promotion code can be used per order. Savings will be reflected in your shopping cart. Discounts cannot be applied to shipping and processing, taxes, subscription or design services, or previous purchases. Additional charges may apply for shipping and processing, and taxes, unless otherwise specified.

 

For additional information on pc/nametag’s available promotions, visit>pc/nametag offers.

Additional Terms

 

As part of the pc/nametag event badge and name tag services, pc/nametag is not responsible for any of the following: grammatical errors made by you, spelling, punctuation, low-resolution or inferior quality of uploaded images, your design errors in the creation process, errors in user-selected options, the type or quantity of event badges, name tags, lanyards, and other promotional products ordered, and damage to the products arising after delivery to you. Please preview your design proofs carefully and correct any mistakes before placing your order. Please note that pc/nametag does not proof event badges, name tags, lanyards, and other promotional products created by its customers prior to processing.

User Submissions

 

This site and pc/nametag may permit submission of user-generated text, artwork, photographs, product ideas, video, service ideas, audio, content and images (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including the general public, and, whether or not such User Submissions are published, pc/nametag does not guarantee any confidentiality with respect to any User Submissions. pc/nametag is not responsible to keep any User Submissions confidential. You are solely responsible for your own User Submissions and the consequences of publishing them on this website or otherwise providing them to pc/nametag.

 

By submitting User Submissions, you hereby acknowledge and agree that such User Submissions are the sole property of pc/nametag, and that you will retain no rights in the User Submissions. You hereby grant, transfer and assign any and all rights, title and interest in and to the User Submissions to pc/nametag, including, without limitation all intellectual property rights in the User Submissions. pc/nametag will have no liability to you arising from its use of part or all of the User Submissions and pc/nametag shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. You will cooperate fully with pc/nametag and execute such documentation as pc/nametag may reasonably request, without any additional compensation to you, in order to establish, secure, maintain, protect, perfect and/or record pc/nametag’s ownership of the User Submissions and all rights and intellectual property rights in the User Submissions. Furthermore, you will never transfer, license, or assign the User Submissions, or any rights or intellectual property rights in the User Submissions, to any third party. To the extent such assignment is prohibited, whether by law or otherwise, you hereby grant to pc/nametag a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell, offer sale, make, import and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium, product or technology now known or hereafter developed throughout the world, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without compensation to or further authorization by you. Under the foregoing license, pc/nametag shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. pc/nametag does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. pc/nametag reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with its Terms of Use and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions, including, without limitation in complying with the Digital Millennium Copyright Act. pc/nametag reserves the right to remove or to refuse to post any User Submission for any reason.

 

In connection with User Submissions, you represent, and warrant to pc/nametag that: (i) the content of your User Submission(s) is original to you; (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to pc/nametag as set forth in the license granted above; (iii) use of your User Submission(s) on this or otherwise by PC/Nametag, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow pc/nametag to utilize the User Submission(s) without compensation or objection; (v) all "moral rights" that you may have in such User Submission have been voluntarily waived by you; (vi) you are at least 13 years old; (vii) use of the User Submission will not cause injury to any person or entity; (viii) the User Submission is not or may not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; and (ix) the User Submission does not contain any computer viruses, worms or other potentially damaging computer programs or files.

 

We reserve the right to remove any User Submission that we believe violate these terms of use or is otherwise objectionable without providing any kind of notification and without recourse. pc/nametag reserves the right to change, condense or delete any User Submission that pc/nametag deems, in its sole discretion, to violate these terms of use. pc/nametag does not guarantee that you will have any recourse through pc/nametag to edit or delete User Submissions that you have submitted. pc/nametag reserves the right to remove or to refuse to post any User Submission for any reason. You acknowledge that you, not PC/Nametag, are responsible for the contents of the User Submission you provide.

Notice and Take Down Procedures

 

If you believe any User Submission on this site infringe your copyright or trademark rights, you may request such User Submission be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of the Controller at pc/nametag (address below) and provide the following information:

 

• A clear statement identifying the works, or other materials believed to be infringed.
• A statement from the intellectual property owner ("Owner") or authorized representative that the User Submission are believed to be infringing and not authorized by the Owner.
• Sufficient information about the location of the allegedly infringing User Submission so that pc/nametag can find and verify its existence.
• Your name, telephone number and e-mail address.
• A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
• A signature or the electronic equivalent from the Owner or authorized representative.

pc/nametag's agent for notice of copyright or trademark issues on this site can be reached as follows:

 

pc/nametag

Attn: Office of the Controller

124 Horizon Drive

Verona, WI 53593

 

Contact us with comments and questions about this website.