Crown Graphic Supply Terms of Service
Terms of Service
Last Revised [7-15-2024]
Effective Date: [7-15-2024]
Welcome to the Crown Graphic Supply web site, which is located at CrownGraphicSupply.com.
The following Terms of Service ("TOS") contain the terms that govern your use
of the Web Site and CrownGraphicSupply.com Service (as defined below). These TOS describe
your rights and responsibilities and what you can expect from the Crown Graphic Supply
Service. Use of the Crown Graphic Supply Web Site constitutes acceptance of these TOS.
Crown Graphic Supply reserves the right to add, delete and/or modify any of the terms
contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the
Crown Graphic Supply Web Site. If any modification is unacceptable to you, your only recourse
is to not use the Web Site and the CrownGraphicSupply.com Service. Your continued use of the
Crown Graphic Supply Web Site following posting of a new TOS on the Crown Graphic Supply
Web Site will constitute binding acceptance of the changes.
1. The CrownGraphicSupply.com Service.
Crown Graphic Supply provides a number of Internet-based services through the Web Site (all
such services, collectively, the "CrownGraphicSupply.com Service"). One such service enables
users to create customized merchandise, signs, magnetics, bumper stickers, and banners
(collectively, "Products"). Crown Graphic Supply users may create and purchase individual
Products for their own use.
2. Use of the Web Site and CrownGraphicSupply.com Service.
2.1 Eligibility. Crown Graphic Supply will only knowingly provide the CrownGraphicSupply.com
Service to parties that can lawfully enter into and form contracts under applicable law. If you are
under the age of 18, but at least 13 years of age, you may use the CrownGraphicSupply.com
Service only under the supervision of a parent or legal guardian who agrees to be bound by
these TOS. The CrownGraphicSupply.com Service is not intended for children under the age of
13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and
conditions of these TOS, the applicable agreements and policies referred to below, and all
applicable laws, regulations and rules when you use the CrownGraphicSupply.com Service and
the Web Site.
2.3 Your License to Use the Web Site and the CrownGraphicSupply.com Service.
(a) Crown Graphic Supply solely and exclusively owns all intellectual property and other rights,
title and interest in and to the CrownGraphicSupply.com Service and Web Site, except as
expressly provided for in these TOS. For example and without limitation, Crown Graphic Supply
owns the copyrights in and to the Web Site, and certain technology used in providing the
CrownGraphicSupply.com Service. You will not acquire any right, title or interest therein under
these TOS or otherwise.
(b) Crown Graphic Supply grants you a limited revocable license to access and use the Web
Site and the CrownGraphicSupply.com Service for its intended purposes, subject to your
compliance with these TOS. This license does not include the right to collect or use information
contained on the Web Site for purposes prohibited by Crown Graphic Supply; to compete with
Crown Graphic Supply; create derivative works based on the content of the Web Site; or
download or copy the Web Site (other than page caching). If you use the Web Site in a manner
that exceeds the scope of this license or breach this TOS, Crown Graphic Supply may revoke
the license granted to you, AND PURSUE ANY OTHER LEGAL COURSE OF ACTION
PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.
(c) This Section 2.3 does not pertain to your intellectual property rights. For information
regarding your intellectual property rights, please see Section 4.1.
2.4 Third-Party Services. Crown Graphic Supply may use third parties to provide certain
services accessible through the Web Site. Crown Graphic Supply does not control those third
parties or their services, and you agree that Crown Graphic Supply will not be liable to you in
any way for your use of such services. These third parties may have their own terms of use and
other policies. You must comply with such terms and policies as well as these TOS when you
use these services. If any such terms or policies conflict with Crown Graphic Supply's TOS,
agreements or policies, you must comply with Crown Graphic Supply's TOS, agreements or
policies, as applicable.
3. General Rules.
3.1 Prohibited Use. You may only use the CrownGraphicSupply.com Service as expressly
permitted by Crown Graphic Supply. You may not cause harm to the Web Site or the
CrownGraphicSupply.com Service. Specifically, but not by way of limitation, you may not: (i)
interfere with the CrownGraphicSupply.com Service by using viruses or any other programs or
technology designed to disrupt or damage any software or hardware; (ii) modify, create
derivative works from, reverse engineer, decompile or disassemble any technology used to
provide the CrownGraphicSupply.com Service; (iii) use a robot, spider or other device or
process to monitor the activity on or copy pages from the Web Site, except in the operation or
use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail
addresses or other information from third parties by using the CrownGraphicSupply.com
Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key
terms, or the like that contain Crown Graphic Supply's name or trademarks; (vii) engage in any
activity that interferes with another user's ability to use or enjoy the CrownGraphicSupply.com
Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by
these TOS.
3.2 Prohibited Use Promise. By using the Crown Graphic Supply Web Site, you are promising
that you are not using the CrownGraphicSupply.com Service or the Web Site for any of the
Prohibited Uses.
4. Use of Your Content.
You do not lose ownership of the Content that you design on, or upload to, the Web Site. By
uploading Designs to the Web Site or creating Designs with Crown Graphic Supply's design
tools, however, you grant the following licenses to Crown Graphic Supply: the nonexclusive,
worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and
distribute the Design in or on Products and in advertising, marketing, samples, and promotional
materials for the purpose of promoting the Web Site and Products; and the right to make
modifications to your Design as Crown Graphic Supply, in its sole discretion, finds necessary to
achieve the above listed purposes.
You may remove the Content you designed at any time, and you retain any copyright and other
intellectual property rights in that Content. If you choose to remove Content that you designed or
uploaded and notify Crown Graphic Supply of your intention to terminate the licenses described
in the above paragraph, those licenses will terminate, except that Crown Graphic Supply may
fulfill all orders that are in any way derived from that Content placed prior to notice of termination
and may continue to use said Content in marketing and promotional materials.
5. Reservation of Rights.
5.1 Monitoring. Crown Graphic Supply reserves the right, but does not assume the obligation, to
monitor transactions and communications that occur through the Web Site. If Crown Graphic
Supply determines, in its sole and absolute discretion, that you or another Crown Graphic
Supply user have breached or will breach a term of these TOS or that such transaction or
communication is inappropriate, Crown Graphic Supply may cancel such transaction or take any
other action to restrict access to or the availability of any material that we may consider
objectionable, without any liability to you or any third party.
5.2 Modification of the Service. Crown Graphic Supply may modify the
CrownGraphicSupply.com Service at any time with or without notice to you, and will incur no
liability for doing so.
6. Submissions.
When you submit questions, comments, suggestions, ideas, message board postings, material
submitted via web forms, contest entries, communications or any other information
("Submissions"), you grant Crown Graphic Supply permission to use such Submissions for
marketing and other promotional purposes, including the right to sublicense. You agree that
Crown Graphic Supply will have no obligation to keep any Submissions confidential. You will not
bring a claim against Crown Graphic Supply based on "moral rights" or the likes arising from
Crown Graphic Supply's use of a Submission. This Section does not apply to your Content that
will appear as part of your product that you use in connection with CrownGraphicSupply.com
Service.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to Crown Graphic
Supply and Crown Graphic Supply represents and warrants to you: (i) that you or it has the full
power and authority to enter into and perform under these TOS, (ii) the execution and
performance of your or its obligations under these TOS do not constitute a breach of or conflict
with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a
legal, valid and binding obligation of the party entering into these TOS, enforceable in
accordance with their terms and conditions.
7.2 By You. You represent and warrant to Crown Graphic Supply that, your use of the
CrownGraphicSupply.com Service and any order that you place with Crown Graphic Supply: (i)
will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or
any other legal right of any third party and (ii) will comply with all applicable laws, rules, and
regulations. You further represent and warrant to Crown Graphic Supply that: (i) there are no
claims, demands or any form of litigation pending, or to the best of your knowledge, threatened
with respect to any of your Content; (ii) Crown Graphic Supply will not be required to make any
payments to any third party in connection with its use of your Content, except for the expenses
that Crown Graphic Supply incurs in providing the CrownGraphicSupply.com Service; (iii) the
use of any instructions, formulae, recommendations, or the like contained in your Content will
not cause injury to any third party; and (iv) your Content does not contain viruses or any other
programs or technology designed to disrupt or damage any software or hardware.
8a. Disclaimers and Exclusions.
8a.1 DISCLAIMER OF WARRANTIES. Crown Graphic Supply PROVIDES THE WEB SITE
AND CrownGraphicSupply.com SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Crown
Graphic Supply DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE,
CrownGraphicSupply.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE
FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv)
WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE
YOU USE. Crown Graphic Supply MAKES NO WARRANTIES OTHER THAN THOSE MADE
EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8a.2 EXCLUSION OF DAMAGES. Crown Graphic Supply WILL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA
OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE
USE OF THE CrownGraphicSupply.com SERVICE, BASED ON ANY CAUSE OF ACTION,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8b. Limitation of Liability.
8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S
REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH
YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY
OF CROWN GRAPHIC SUPPLY EXCEED THE VALUE OF SIGNS RECEIVED OR SERVICES
RENDERED. THE VALUE OF SIGNS OR SERVICES ARE LIMITED TO THE STATED VALUE
ON THE CROWN GRAPHIC SUPPLY WEB SITE OR AS STATED BY AN AUTHORIZED
CROWN GRAPHIC SUPPLY AGENT.
9. Indemnification.
You agree to indemnify and hold Crown Graphic Supply and its employees, representatives,
agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from
any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in
connection with any third-party claim, demand or action ("Claim") brought against any of the
Parties alleging that you have breached any of these TOS through any act or omission,
including but not limited to any claim that your content infringes or violates the legal rights of any
other party. If you have to indemnify Crown Graphic Supply under this Section, Crown Graphic
Supply will have the right to control the defense, settlement, and resolution of any Claim at your
sole expense. You may not settle or otherwise resolve any Claim without Crown Graphic
Supply's express written permission.
10. Termination.
10.1 Termination. Crown Graphic Supply may suspend or terminate your use of the Web Site or
CrownGraphicSupply.com Service if it believes, in its sole and absolute discretion, that you have
breached a term of these TOS.
10.2 Survival. Notwithstanding Section 10.1 above, these TOS will survive indefinitely unless
and until Crown Graphic Supply chooses to terminate them
10.3 Effect of Termination. If you or Crown Graphic Supply terminates your use of the Web Site
or the CrownGraphicSupply.com Service, Crown Graphic Supply may delete any Content or
other materials relating to your use of the CrownGraphicSupply.com Service on Crown Graphic
Supply's servers or otherwise in its possession and Crown Graphic Supply will have no liability
to you or any third party for doing so.
11. Notice.
All notices required or permitted to be given under these TOS will be in writing and delivered to
the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii)
electronic mail. If you give notice to Crown Graphic Supply, you must use the following
addresses: 11525A Stonehollow Dr. Suite 100, Austin, TX 78758.
Support@CrownGraphicSupply.com. If Crown Graphic Supply provides notice to you, Crown
Graphic Supply will use the contact information provided by you to Crown Graphic Supply. All
notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business
days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier
service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or
other notice of non-delivery is generated. If applicable law requires that a given communication
be "in writing," you agree that email communication will satisfy this requirement.
12. Dispute Resolution/Waiver of Jury Trial.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the
CrownGraphicSupply.com Service will be exclusively resolved under confidential binding
arbitration held in Travis County, Texas before and in accordance with the Rules of the
American Arbitration Association, by a sole arbitrator applying Texas law (without regard for
conflicts of law principles). The arbitrator's award will 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 TOS will be joined to an arbitration involving any other party subject
to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce
an arbitrator's award will be brought exclusively in a federal or state court located in Travis
County, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal
and Texas State courts in Travis County. By agreeing that arbitration is the exclusive remedy,
you are waiving your right to sue Crown Graphic Supply in a court of law or have a jury resolve
any dispute that arises out of, relates to or is connected with these TOS or your use of any part
of the CrownGraphicSupply.com Service. You understand that you are waiving your right to a
jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these
TOS, you hereby irrevocably waive any right you may have to join claims with those of others in
the form of a class action or similar procedural device. Any claim arising out of, relating to or
connected with these TOS or your use of any part of the CrownGraphicSupply.com Service
must be asserted individually. Notwithstanding anything to the contrary in this Section 12, either
party may seek equitable relief, including, without limitation, injunctive relief and specific
performance, without the requirement of posting a bond or other security or proving money
damages are insufficient, from a court of competent jurisdiction.
13. Miscellaneous.
These TOS will be binding upon each party hereto and its successors and permitted assigns,
and governed by and construed in accordance with the laws of the State of Texas without
reference to conflict of law principles. These TOS will not be assignable or transferable by you
without the prior written consent of Crown Graphic Supply. These TOS (including all of the
policies and other Agreements described in this TOS, which are hereby incorporated herein by
this reference) contain the entire understanding of the parties regarding its subject matter, and
supersedes all prior and contemporaneous agreements and understandings between the
parties regarding its subject matter. No failure or delay by a party in exercising any right, power
or privilege under these TOS will operate as a waiver thereof, nor will any single or partial
exercise of any right, power or privilege preclude any other or further exercise thereof or the
exercise of any other such right, power, or privilege. You and Crown Graphic Supply are
independent contractors, and no agency, partnership, joint venture, or employee-employer
relationship is intended or created by these TOS. The invalidity or unenforceability of any
provision of these TOS will not affect the validity or enforceability of any other provision of these
TOS, all of which will remain in full force and effect.
14. Safety Signs Disclaimer.
The customer is solely responsible for (a) identifying the appropriate precautions, including
signage materials, language, and designs necessary to comply with any applicable local, state,
or federal laws or regulations, including ANSI and/or OSHA standards and (b) adequately
warning invitees, employees, and the public of any hazards. In some cases a sign may not
provide an adequate safety precaution. CrownGraphicSupply.com is not a safety expert and
disclaims any and all liability that the template designs offered on CrownGraphicSupply.com are
sufficient to cover any specific hazard. CrownGraphicSupply.com does not have responsibility to
notify customers about changes in the law after sale. Customer shall hold
CrownGraphicSupply.com and its corporate parent and its employees harmless from all claims,
loss or expense (including attorneys’ fees) related to the purchase and use by customer for any
sign purchased through CrownGraphicSupply.com .