Terms and Conditions of Use
[Last updated on October 26, 2015]
Print Stop Limited o/a Continental Press
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.
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
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
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
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
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
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
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.
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
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
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
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
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
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