End-User License Agreement
Printrocket requires that you accept the following End-User License Agreement before installation can proceed:
1. Printrocket Services. The Printrocket Platform provides online print queues (for reading lists, digital printing, and physical printing) and connects to third party print services that make printing content easy (“Content” is web pages, text, images, documents, powerpoints, graphics, advertisements, PDFs, and/or other types of content or data). The Printrocket Platform is designed to maximize reading, sharing, and printing of Publisher Content and personal Content, expand and simplify acces to print choices, drive traffic back to the Content Publisher Site, and provide insights into general trends and use by End Users who use the Services.
2. Publishers and Printers. If you are a Publisher and want to deploy Printrocket buttons on your website or in your software application, we require that you create an account. If you are a Printer and want to connect to the Printrocket Platform to offer your print services, receive a Print API key, and agree to our Print Partner Agreement, we require that you first create an account. If you choose to create an account, you agree to provide only true, current, accurate, and complete registration information, and you must keep that information accurate, and up-to-date. Each registration is for your personal use, or for the use by the company or organization on whose behalf you access the Site and use the Service. You are responsible for all activities occurring under your account and you may not authorize anyone else to use your account. You must abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You may not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
3. Eligibility. The Site and Services are not intended for use by children under the age of thirteen (13). If you are between thirteen (13) and seventeen (17) you can use the Site and Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. You must be able to legally enter into and form contracts under applicable law to use the Site and Services.
4. General Conduct Rules. You agree not to, nor allow anyone accessing your account or the Site or Services to:
Conduct or promote any illegal activities while using the Site or Services.
Upload, distribute, post, transmit or otherwise make available, including through the Printrocket Platform, any Content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable.
Attempt to reverse engineer or hinder the proper functioning of the Site or Services, or otherwise attempt to access the source code of the Printrocket Platform or other software code that enables or underlies the Site or Services.
Change or modify the content of a third party using the Printrocket Platform.
Attempt to use the Services in any way that reduces with the performance or functionality of the APIs or the Printrocket Platform.
Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights.
Load or transmit any form of virus, worm, Trojan horse, or other malicious code.
Advertise any service or item that violates any applicable federal, state, or local law or regulation, the terms of service of any website upon which the Content is viewed, or, in our sole discretion, is anything to don’t feel belongs on the Site and Printrocket Platform.
Generate unsolicited email advertisements or spam when using the Site or Services.
Deploy any electronic, automated or manual process to access, search or harvest information from the Site or Services.
Hound, stalk, dog, chase, harass or harm another individual.
Deploy any spider, robot, automatic or manual process or device to extract, mine, monitor, or copy any web page on the Site or Services, or any content contained on any such web page for commercial use.
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
Mirror or frame the Site or any portion of the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
5. Plug-in and Toolbar End Users: If you are an End User using an Printrocket Plug-ins and/or Toolbar, you represent that you own or have the necessary consents and permissions (whether express, implied or statutory) to use, share and print, and to authorize us to pass on to third party printers any Content in the manner contemplated by our Services and these TOS. Please be aware that, as a matter of law, you may not copy and print all Content. Instead, if you are printing Content that is not marked by the Content Publisher using a Printrocket Button, you must have the right as provided by the website terms, copyright owner or other applicable law before you can print any Content using any Plug-in or Toolbar.
6. Content Rules: Publishers are responsible for any Content on the Publisher Site and End Users are responsible for any Content submitted by the End User. Printrocket is a pass-through service for End Users who will need to agree to the Terms of Service and Privacy Policies of the Printers they choose to print or e-publish Content with. For End User Content produced with forwarding url links, such as descriptions and notes in an email, or posts in Printrocket Forums, End Users must agree that their Content will not:
Violate the privacy, publicity, or other rights of third parties.
Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others.
Misrepresent the source of the Content.
Be discriminatory, unlawful, obscene, fraudulent, defamatory, threatening, false, inaccurate, pornographic, indecent, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us or those designated by us to review material at our sole discretion.
Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others.
Contain any virus, Trojan horse, worm, time bomb, cancelbot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Advocate or encourage any illegal activity.
Have the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our internet service providers or other suppliers.
Website Publishers can download the Printrocket button and code from the Site that allows you to associate or "mark" a webpage or a particular piece of Content ("Publisher Content") on their Publisher Site with one of our Printrocket Buttons. This "marking", which enables the site users to save Content urls to the Printrocket print queue, is designed to maximize understanding of End Users reading, sharing, combining, and printing of Publisher Content. When you mark Content as Publisher Content, you authorize us to use, reproduce, distribute, publicly display, and publicly perform the Publisher Content to the extent necessary or desired for us to provide the Services. If you are an End User, you similarly, authorize us to use, reproduce, distribute, publicly display, and publicly perform the Content you provide or submit by using the Service. We do not endorse any Content or any opinion, recommendation, or advice expressed in any Content, and we expressly disclaim any and all liability in connection with any Content. We may decide whether any Content is inappropriate or not in compliance with these Terms of Service and reserve the right to remove Content and/or suspend or terminate your use of the Services at any time, without prior notice and in our sole discretion.
7. Printrocket Licenses and Ownership. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services ("Technology") are owned and copyrighted by us and/or our licensors under United States and other international copyright laws. We grant to any End User, Publisher, and Printer a limited, non-exclusive, worldwide license to use and reproduce the code provided on the Site that enables the Services (the “Code"), and to display the Printrocket Buttons as allowed by the Code, with the understanding that the license is personal to you and may not be sublicensed or transferred. You can modify the Code as described in our API, Help Resources, and online forums, or as approved by us, but in no event may you change the Code in a way that removes, reduces, or obscures any of our trademarks, notices or links to the Site and Services or breaches any of your obligations in these Terms of Service. Except as specifically allowed in this paragraph, our Technology may not be modified, reproduced, republished, posted, displayed, performed, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Technology. If you are a U.S. Government end user, any of the components that constitute Our Technology and its related documentation is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire our Technology and any documentation provided with the Services with only those rights set forth in these Terms of Service.
8. Trademarks. Printrocket, Printrocket graphics, Print Q, Print Queue, pr logo, and other logos, designs, site page headers, button icons, plug-in icons, and toolbars appearing on the Site or the Services, Publisher or Printer sites, may be trademarks in the United States and other countries (collectively, the "Printrocket Marks"). All other logos and trademarks are trademarks of their respective owners. You are not authorized to use any Printrocket Marks without the prior written permission of QOOP, Inc except as expressed in these Terms of Service. Ownership of all Printrocket Marks and any goodwill associated therewith, remains with QOOP. We grant Publishers and Printers a non-exclusive right and license to display any Printrocket Marks but solely as incorporated into, and subject to the restrictions of use associated with, the Code and Printrocket Buttons described in section 7. Except for this limited license granted to Publishers and Printers, you are not authorized to use any Printrocket Marks.
10. Suggestions and Ideas. In the event that you share with us any ideas, thoughts, criticisms, improvements or other suggestions and ideas related to the Site or the Services, (collectively "Suggestions"), you agree we may use any Suggestions to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Suggestions. You grant us a royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, and modify such Suggestions for businesses purposes as we deem fit at our sole discretion. You agree that we has no obligation to keep any Suggestions confidential and you hereby release any and all claims or liability against us arising from or in connection with the use of the Suggestions. This is true whether you provide the Suggestions on the Site or through any other method of communication with us such as email, text message, phone, or fax, unless we have entered into a separate agreement with you that provides otherwise.
11. Printrocket Forums. The Site may contain forums that allow our End Users, Printers, and Publishers to interact with us and each other ("Forums"). You are solely responsible for any Content you post to a Forum under the rules of Sections 4 and 6. We reserve the right to alter, edit, refuse to post, or remove any post on the Forums if it does not meet the standards established in these Terms of Service or for any reason we feel is appropriate. We generally do not the Content posted for such distribution and are not undertaking any obligation or liability relating to any Content or activities of users on the Site. You retain the copyright in any Content that you post in the Forums, but by posting any Content in the Forums, you grant to us a worldwide, royalty-free, transferable, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Content in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
14. Geographic Restrictions. We make no representation that all of the Services are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access our Site and the Services, or make the Services available via the Publisher Site, you do so on your own initiative and are responsible for compliance with local laws.
15. Changes to Terms of Service. We reserves the right, in its sole discretion, to change, add-to, or delete all or any portion of these TOS at any time without notice and for any reason, including but not limited to changes in applicable law and internet technology. From time to time, you should check these TOS for such changes. Any changes are effective immediately upon the posting of such changes. Your continued use of the Site and Services constitutes your agreement to all such changes.
16. Site and Service Modification Notice. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
17. Term. This Agreement is effective until terminated. If we believe that you have, or may have, breached any of the terms, conditions, representations or warranties of these TOS or any other Printrocket Agreement entered into through the Site, we may immediately terminate or suspend this Agreement, at our sole discretion. Termination of this Agreement by us is without prejudice to any other remedies we may have at law or in equity. Agreement provisions relating to representations and warranties, disclaimers of warranties, limitation of liability, indemnification, confidentiality, proprietary rights, dispute resolution and payments shall survive termination or expiration of this Agreement. Upon termination of this Agreement, you are no longer authorized access to or use of the Site, Printrocket Buttons, and Services, and any subsequent access or use without the prior written consent of QOOP is prohibited.
18. Intellectual Property Infringement. If you believe that the use of the Site or Services has caused an infringement of your copyright, the copyright of another, your trademark, service mark or trade name, or your right of publicity, please contact us.
19. Disclaimer of Warranties. QOOP, INC. PROVIDES THE SITE, PRINTROCKET BUTTONS AND SERVICES ON AS "AS IS" AND "AS AVAILABLE" BASIS. THE USE OF THE SITE, PRINTROCKET BUTTONS AND SERVICES IS AT YOUR SOLE ROSK. THE SITES, PRINTROCKET BUTTONS, AND SERVICES, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. QOOP DOES NOT WARRANT (i) THAT THE SITE, PRINTROCKET BUTTONS, SOFTWARE AND SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THEY WILL OPERATE WITH YOUR SOFTWARE AND HARDWARE, (ii) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, (iii) THAT THE SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iv) THAT THE SITE AND CONTENT ARE ACCURATE, RELIABLE, OR ERROR-FR
20. Limitations of Liability IN NO EVENT SHALL QOOP INC. OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, AFFILIATES OR THIRD-PARTY LICENSORS AND CONTENT PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST BUSINESS, LOST SALES, AND LOST PROFIT) DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF THE SITE, PRINTROCKET BUTTONS, SOFTWARE, AND SERVICES, ANY CONTENT OR PRODUCTS PURCHASED OR ANY TRANSACTION ENTERED HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF QOOP OR ONE OF ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF QOOP AND ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH ANY TRANSACTION ENTERED HEREUNDER, THE SITE OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO QOOP OR THAT WAS OWED TO YOU WITH RESPECT TO THE TRANSACTION GIVING RISE TO SUCH CLAIM, OR THE SUM OF $100, WHICHEVER IS LESS. ANY ACTION UNDER THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AGREE THAT QOOP WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY: (1) INTERRUPTION OF BUSINESS; (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITES; (3) DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (4) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITES; (5) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FORM THIRD-PARTY WEB SITES; OR (6) EVENTS BEYOND OUR REASONABLE CONTROL. QOOP WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES OR DAMAGES INCURRED IN CONNECTION WITH THE SITE, PRINTROCKET BUTTONS, SOFTWARE, AND SERVICES OR THE PURCHASE OF PRODUCTS, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS OR OMISSIONS; (2) YOUR VIOLATION OF ANY OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY CONTAINED IN THESE TERMS OF SERVICE; (3) LOSS, CORRUPTION OR DAMAGE TO YOUR PERSONAL INFORMATION OR CONTENT PROVIDED TO QOOP; (4) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD PARTIES CONTRACTED BY QOOP; OR (5) NONDELIVERY, MISDELIVERY OR LATE DELIVERY OF PRODUCTS OR PRODUCTS LOST OR DAMAGED IN SHIPMENT BY THIRD PARTIES.
21. Indemnification. You agree to indemnify, defend and hold harmless QOOP, our officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (i) any Content you submit, post or transmit through the Site or Services, (ii) your use of the Site or Services, (iii) your violation of these Terms of Service, (iv) your violation of any rights of any other person or entity, or (v) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
23. Survival. Any provisions regarding ownership, any licenses that by their terms survive termination, as well as Sections 14 through 23 will survive the expiration or termination of these Terms of Service for any reason.
General Terms. You are responsible for compliance with all applicable laws. The Terms of Service and the relationship between you and us will be governed by the laws of the California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Service, or your use of the Site or Services must be instituted exclusively in the federal or state courts located in Marin County, California and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Service are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Service to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Service are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Service constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.