Last updated: 8/10/24
THIS TERMS AND CONDITIONS AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between KITPRINT, LLC, a limited liability company organized under the laws of the state of California (“KitPrint”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of KitPrint’s website: https://www.kitprint.co/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and KitPrint shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay KitPrint for services rendered shall remain and continue to be an ongoing obligation owed by Client to KitPrint.
1. Subscription Deliverables
Standard subscription: An unlimited number of Projects may be submitted to a project board. Projects will be prioritized by the Client. KitPrint will complete each Project one at a time. KitPrint offers unlimited revisions until the Client is satisfied. Project files will be delivered Monday-Friday.
Starter membership: An unlimited number of Qualified Projects may be submitted to a project board. Projects will be prioritized by the Client. KitPrint will complete up to three Qualified Projects per month. If the Client submits less than three Projects in a given month, there is no guarantee that the remaining Projects will roll over into the following month (i.e. if two Projects are submitted in a given month, the Client is not entitled to four projects in the following month). KitPrint offers unlimited revisions until the Client is satisfied. Project files will be delivered Monday-Friday.
2. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of KitPrint and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by KitPrint and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without KitPrint’s express prior written permission. KitPrint reserves all rights in the Website, Content and Marks.
3. Ownership of Materials
Notwithstanding KitPrint’s ownership of Submissions, as described in Paragraph 7 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause KitPrint to become the owner of a Project, in whole or in part, rather than Client, KitPrint irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to KitPrint as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. KitPrint reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in Paragraph 19 (”Showcasing Design Work”) of this document.
4. Non-Solicitation of Employees or Contractors
Unless agreed upon, while this agreement is in place, and for twelve (12) months after the agreement is no longer in place, KitPrint and Client shall not directly or indirectly, solicit or attempt to solicit any employee or independent contractor of the counterpart’s business for the purpose or intent to cause such person to stop providing services to the counterpart’s business.
5. User Representations
By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.
6. Prohibited Activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by KitPrint on behalf of the Client. Further, Client agrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead KitPrint or other users; Interfere with, disrupt or create an undue burden on the Website or KitPrint’s networks or servers; Use the Website in an effort to compete with KitPrint; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate or threaten any of KitPrint’s employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm KitPrint; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
7. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of KitPrint and KitPrint is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. KitPrint shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 3 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against KitPrint for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
8. Management and Oversight