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We provide our services to you subject to the following conditions, know as our Terms of Use. By visiting us at our Web site and by interacting with us, you are accepting these conditions.
Privacy
Our Privacy Policy is described in a separate document. By visiting us at our Web site and by interacting with us, you are accepting the practices described in our Privacy Policy.
Electronic Communications
We communicate with you through email, through posting on this Web site, and via other electronic communications. When we communicate through these means, we are communicating electronically. You consent to receive such communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content on this Web site is the property of Graphite Press or its content suppliers, and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Graphite Press, and protected by United States and international copyright laws. All software used on this Web site is property of Graphite Press or its software suppliers, and protected by United States and international copyright laws.
Graphite Press respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us so that we may launch an investigation.
Trademarks
Graphite Press, the Graphite Press logo, graphitepress.com, and any other graphics and service names are trademarks or registered trademarks of Graphite Press. These trademarks may not be used in connection with any product or service that does not belong to Graphite Press, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Graphite Press. All other trademarks not owned by Graphite Press that appear on this Web site are the property of their respective owners.
License and Site Access
Graphite Press grants you a limited license to access and make personal use of this Web site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Graphite Press. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Graphite Press. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Graphite Press without express written consent. You may not use any meta tags or any other hidden text utilizing Graphite Press's name or trademarks without the express written consent of Graphite Press. Any unauthorized use terminates the permission or license granted by Graphite Press. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Graphite Press as long as the link does not portray Graphite Press or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Graphite Press logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Graphite Press does sell products or services to children, but it sells them to adults, who can purchase with a credit card. If you are under 18 years of age, you may use this Web site only with involvement of a parent or guardian. Graphite Press reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Submission of Content
Visitors to this Web site may post reviews, comments, and other content, send email and other communications, and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Graphite Press reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Graphite Press a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Graphite Press and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Graphite Press for all claims resulting from content you supply. Graphite Press has the right, but not the obligation, to monitor and edit or remove any activity or content. Graphite Press takes no responsibility and assumes no liability for any content posted by you or any third party.
Shipment of Products
All items purchased from Graphite Press are made pursuant to a shipment contract, meaning that the risk of loss and title for such items pass to you upon our delivery to the shipment carrier.
Product Descriptions
Graphite Press attempts to be as accurate as possible. However, Graphite Press does not warrant that product descriptions or other content of this Web site is accurate, complete, reliable, current, or error-free. If a product offered by Graphite Press itself is not as described, your sole remedy is to return it in unused condition.
Pricing
Except where noted otherwise, the List Price displayed for products on our Web site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
All prices displayed and all financial transactions that are conducted on this Web site are in United States dollars.
Disclaimer of Warranties and Limitation of Liability
This site is provided by Graphite Press on an "as is" and "as available" basis. Graphite Press makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Graphite Press disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Graphite Press does not warrant that this Web site, its servers, or email sent from Graphite Press are free of viruses or other harmful components. Graphite Press will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Applicable Law
By visiting this Web site, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Graphite Press.
Disputes
Any dispute relating in any way to your visit to this Web site or to products you purchase through Graphite Press shall be submitted to confidential arbitration in Albany, New York, except that, to the extent you have in any manner violated or threatened to violate Graphite Press's intellectual property rights, Graphite Press may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Site Policies, Revisions to these Terms, and Severability
Please review our other policies, procedures, and information posted on this Web site. These other policies, procedures, and information also govern your visit to this Web site. We reserve the right to make changes to our site, policies, procedures, information, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. |
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