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Terms and Conditions of Use

[Last updated on October 26, 2015]

Print Stop Limited o/a Continental Press (“Continental Press”, “we”, “us” and terms of similar meaning) provides this website, any software on the website, and other products and services provided by Continental Press for use with or through the site (the “Site” or “Services”) to you subject to these terms of use (these “Terms”). In these terms we describe users of the Site, whether registered or not, as “Users”.

Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.

The Services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

 

1. Web Portal

The Services include access to the ivari Portal, a customized web application that permits Users that have been given access to the Site by ivari Canada ULC. (“ivari”) to customize and purchase certain print products.

All product sales from the Site are governed by a Master Services Agreement entered into between ivari and Continental Press (“MSA”). The terms of the MSA are subject to change at any time without prior notice to you.
 

2. Privacy Policy

Please refer to Continental Press's privacy policy, available at here (the “Privacy Policy”) for information on how Continental Press collects, uses and discloses personally identifiable information from users of the Site. By using the Site you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
 

3. Registration Data; Account Security

In order to purchase products or access the Services through the use of the Site, you must establish an account with Continental Press by registering for an account on the Web Portal. If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site account.
 

4. Ownership, Copyright and Trademarks

In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.

The Site, all Content and all software available on the Site or used to create and operate the Site is the property of Continental Press or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Continental Press.

You may only use the Site and our Services for the purposes expressly permitted on the Site. In particular, you may not use the Site or our Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Site or our services or any other service provided through our technology, or that is similar thereto.
 

5. License to Use the Site and License Restrictions

Continental Press grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section and this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Continental Press at any time.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

To request permission for uses of Content not included in this license, you may contact Continental Press at the address set out at the bottom of these Terms.
 

6. Your User Content; Your Limited License of Your User Content to Continental Press

Content provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Site may include text, images and other data that is uploaded by a User to the Site for the purposes of customizing print products.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content uploaded or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you uploaded or store on the Services.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you upload your data to the Site, we need your license to display that User Content on the Services.

Therefore, by uploading or distributing User Content to or through the Services, you (a) grant Continental Press and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to upload and distribute that User Content, to or through the Services; and (ii) the use and upload or other transmission of such User Content does not and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in this Section.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
 

7. Security of the Site

To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Site is encrypted using SSL certificates.

However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Site, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
 

8. Warranty Disclaimer

Unless a warranty regarding the products is otherwise given on the Site, the Site, the Content and the Services are provided to you on an “as is” basis without warranties from Continental Press of any kind, either express or implied. Continental Press expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Continental Press does not represent or warrant that the Services or any Content available on the Site is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.

Although Continental Press has made every effort to display our products and their colours as accurately as possible, the displayed colours of the products depend upon the monitor of the user and availability of inventory. We cannot guarantee that the User’s monitor will accurately portray the actual colours of the products. Products displayed may be out-of-stock or discontinued.

The Site may contain typographical errors or inaccuracies and may not be complete or current. Continental Press reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, Continental Press reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

In addition, if an item becomes unavailable for whatever reason after an order is accepted, Continental Press may terminate the order by giving you written notice. In such event, Continental Press will contact you to arrange for a refund or provision of credit against future purchases. Again, we apologize for any inconvenience.

While Continental Press attempts to make your access to and use of the Site safe, Continental Press does not represent or warrant that the Site or any Content are free of viruses or other harmful components.
 

9. Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against Continental Press, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.

Without limitation of the foregoing, neither Continental Press nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Continental Press or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Continental Press or any other Released Party's records, programs or services.

In no event shall the aggregate liability of Continental Press, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any amount paid by you for products or access to the Site or Services during the one month prior to the date of any claim.

You shall defend, indemnify and hold harmless Continental Press and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to.
 

10. Communications

Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data, if applicable. Second, we may post a notice to you in the profile area of your account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
 

11. Applicable Law and Venue

The Site is controlled by Continental Press and operated by it from its offices in Concord, Ontario. You and Continental Press both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Continental Press explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Continental Press related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Continental Press. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Continental Press and the other Released Parties for your failure to comply with any such laws.
 

12. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, Continental Press reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.

Continental Press reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any, and/or post a conspicuous notice of the amended terms on the Site. If you do not agree with the changes, you can stop to use the Site. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at the contact address below.
 

13. Termination of Agreement

You and Continental Press may terminate these Terms and your use of the Site at any time.

If these Terms expire or terminate for any reason, Sections 4, 5, 6, 7, 9, 11, 12, 13, and 14, and any representation or warranty you make in these Terms, shall also survive indefinitely.
 

14. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Continental Press may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Continental Press, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Continental Press regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Continental Press regarding your use of the Site. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
 

15. Questions and Comments

If you have any questions regarding these Terms or your use of the Site, please contact us here:

Continental Press
info@continentalpress.ca