TERMS OF SERVICE
SUMMARY (FOR NON-LAWYERS)
We will never use, sell, promote, or print any of your images without your prior consent – it’s your work and it can’t be used in any way without your permission.
The files you upload are stored on our secure servers and may remain there for back-up purposes in case you need a reprint or your piece is damaged in shipment. If you want us to permanently delete your images from our server please let us know when you place your order and we will gladly comply. Otherwise files may be deleted from our server every six months without any notification. Make sure you back up your images.
Don't abuse Crocart.com or use it for evil.
1. Acceptance of Terms
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS as follows.
Crocart will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18 you may use Crocart only under the supervision of a parent, or legal adult guardian who agrees to be bound by these Terms.
3. User Information and Security
Upon creating an order, you agree to provide Crocart with your current name, email address, shipping address and credit card information. You may not use false information, impersonate any person or entity, or otherwise mislead as to the origin of any content. Crocart cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
4. User Conduct
In using our Services, you agree to not:
upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this website or otherwise ("Content") that are unlawful, harmful, obscene, pornographic, indecent, inflammatory, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, download, post, email or otherwise transmit false or misleading information;
disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
Upon uploading Content, you acknowledge that Crocart may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Crocart and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Crocart.
You acknowledge and agree that Crocart may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Crocart, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
Prices for products on Crocart are described on our Site at the following location: www.crocart.com/products
. All prices are in US Dollars unless otherwise stated. Prices and products may change at Crocart’s discretion.
All items purchased through Crocart are made pursuant to a Quote. Title and risk of loss for all products ordered by you shall pass to you on completion of the delivery by the shipping carrier. We reserve the right to ship partial orders (at no additional cost to you). Although Crocart will make every reasonable effort to meet quoted delivery dates, those dates are approximate only and the time of delivery cannot be guaranteed.
7. Proprietary Rights
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Crocart, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.
You will retain ownership of the Content you upload to Crocart. You acknowledge and agree that the Site and any software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
All brand, product and service names used in this Site which identify Crocart or third parties and their products are proprietary marks of Crocart, LLC. and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of Crocart or any third party with respect to any such image, logo or name. You shall not make any use of any Crocart trademarks, logos, or trade dress without prior express and written approval by Crocart.
8. Copyright and Intellectual Property Policy
Crocart respects the intellectual property rights of others and we require our users to do the same. We may refuse service to users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may remove the user's content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user's access to our services.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Crocart's Copyright team, and provide the following information ("Notice"):
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
b) a description of the copyrighted work and/or trademark claimed to have been infringed;
c) a description of where the claimed infringing Content is located on our Site;
d) your address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Crocart’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
9. WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF THE CONTENT OR THAT THE CONTENT IS IN THE PUBLIC DOMAIN; (II) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE; (III) YOU HAVE NO KNOWLEDGE AS TO ANY THIRD-PARTY CLAIMS REGARDING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE CONTENT WHICH CLAIMS WOULD INTEFERE WITH THE RIGHTS GRANTED UNDER THIS AGREEMENT; (IV) THE CONTENT DOES NOT INFRINGE THE RIGHTS OF PRIVACY, CELEBRITY, MORAL OR OTHER RIGHTS OF ANY THIRD PARTY; (V) THE WORK IS NOT DEFAMATORY OR OBSCENCE; (VI) THE CONENT DOES NOT CONTAIN ILLEGAL MATERIAL; (VII) THE CONENT DOES NOT CONTAIN MATERIAL WHICH DENIGRATES OR ATTACKS ANY PERSON BASED ON RACE, RELIGION, NATIONAL ORIGION, SEXUAL ORIENTATION, OR THE LIKE (“DISCRIMINATORY CONTENT”);
You agree to defend, indemnify and hold Crocart and Crocart's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
11. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services without Crocart's express written consent.
The Site may provide, or third parties may provide, links to other websites or resources. Because Crocart has no control of such sites and resources, you acknowledge and agree that Crocart is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Crocart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. Public Reputation
You acknowledge and agree that you will not use any product ordered from Crocart.com in a way that would be damaging to Crocart's public reputation or that of its employees, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from Crocart in a public setting, including on the Internet, in a way which disparages Crocart, employees, shareholders or partners, Crocart reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.
15. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Crocart AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Crocart DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM Crocart WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT Crocart SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF Crocart, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT Crocart DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, Crocart AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT Crocart MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Crocart OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL Crocart OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING Crocart OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Crocart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Crocart’s total liability to you in respect of all other losses arising under or in connection with the Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products and Services paid by you to Crocart as set out in the corresponding Service or product Order.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in San Francisco, California. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney's fees and costs to the prevailing party.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Crocart may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Crocart's failure to act with respect to a breach by you or others does not waive Crocart's right to act with respect to subsequent or similar breaches. If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired. These Terms constitutes the entire agreement between you and Crocart, and supersedes all other communications, written or oral, with regard to the services provided by Crocart.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, credit card information,
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Crocart collects and uses Users personal information for the following purposes:
To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.
To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
2370 Market st. #215
San Francisco, California 94114
Last edited: March 29th 2018
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