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Vistaprint Voice Terms & ConditionsLast updated February 25, 2021IntroductionWelcome to Vistaprint Voice's website ("Site"). The Site is a service ofCimpress plc and its affiliates, including Vistaprint Netherlands B.V. andVistaprint B.V. (collectively “Vistaprint”) and is operated by AlidaCommunications Inc. These Terms and Conditions (the "Terms") sets forththe agreement between Vistaprint ("Vistaprint Voice", "we" or "us") and eachuser ("you") governing the use by you of this Site. Please read these Termscarefully before using this Site. By using this Site, you agree to be bound bythese Terms. If you do not agree to these Terms, you may not access,register for a member account or otherwise use this Site
Vistaprint Voice reserves the right, at its sole discretion, to change, modify,add or remove portions of these Terms. The "Last Updated" date at the top ofthese Terms will indicate when the latest modifications were made. It is yourresponsibility to check these Terms periodically for changes. Your continueduse of this Site after these Terms have been changed will mean that youaccept and agree to the changes. In addition, when using particular servicesor features on this Site, you may be subject to any posted guidelines orpolicies applicable to such services or features that may be posted from timeto time. All such guidelines or policies are hereby incorporated by referenceinto these Terms
EligibilityMembership to this Site is free and is open to individuals only (notcorporations or other business entities) that are at least eighteen (18) years ofage or such other age as required by your geographic location. Membership incertain Surveys (as defined below) may be further restricted. You arepermitted to have only one account
Your Member AccountTo open a member account, you must provide Vistaprint Voice with completeand valid contact information, including your full legal name, home address, valid e-mail address, and all other requested information. Your account musthave a unique and valid e-mail address and password
You agree to provide only accurate, current, and complete registrationinformation and to keep that information updated in order to maintain itsaccuracy. Vistaprint Voice may terminate or suspend your membership andyou may forfeit your rewards if you fail to provide or keep your personalinformation accurate and complete
You are solely responsible for the security of your username and passwordand any activity that occurs under your member account, whether authorizedor unauthorized. Vistaprint Voice will not be responsible for any lossesincurred through the use of your password by a third party, except whenunauthorized use is directly attributable to the gross negligence or willfulmisconduct of Vistaprint Voice. You agree to immediately notify VistaprintVoice of any unauthorized use or breach of your member account
By registering as a member of this Site, you agree to receive e-mail invitationsto participate in surveys and panels conducted by Vistaprint Voice, its third-party partners and their clients ("Surveys"). Vistaprint Voice does notguarantee that you will receive a certain minimum volume of invitations or anyinvitations at all. Your participation in any Surveys and your disclosure of anypersonally identifiable information is completely voluntary
Vistaprint Voice retains the right to monitor member activity within theSite. We may terminate your account if you have violated our Code ofConduct below, in the event that your member account shows signs of fraud,abuse or suspicious activity or as otherwise deemed necessary by us. If youhave conducted any fraudulent activity, Vistaprint Voice reserves the right totake any necessary legal action and may have grounds to confiscate anyrewards redeemed as a result of such activity. In addition, you may be liablefor monetary losses to Vistaprint Voice, including litigation costs anddamages
You may cancel your account at any time by contacting Vistaprint Voice at[email protected] or by cancelling you account on this Site. Youunderstand and agree that upon cancelling your account, your right to accessyour member account and the Surveys will cease. Vistaprint Voice mayterminate your member account at any time for any reason
Rewards Vistaprint Voice values our members' opinions, and to show our appreciation,Vistaprint Voice offers rewards in the form of Sweepstakes. More informationabout the rewards program of Vistaprint Voice can be foundat https://assets.visioncritical.net/raw/upload/v1614617261/ce8bd60b5ee5474ba3e1acbe0123f5c3/sweepstake%20rules%202021.pdfRelationshipYou are responsible for providing any computer equipment andcommunications services necessary to connect to and access this Site. Youagree that neither your membership to this Site nor your completion of anySurveys for Vistaprint Voice, its third party partners and their clients createany agency, partnership or employment relationship, and that your completionof Surveys is strictly as an independent contractor. You also agree that anyrewards you receive for completing Surveys are the only compensation youwill receive for your completion of such Surveys
Member Code of ConductVistaprint Voice is an Online Community Panel dedicated to making yourvoice heard and allowing you to tell leading providers of products and serviceswhat you think. When you use and post content to this Site you must observethe following rules: • Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all members
• Do not post any of the following: o Material that advocates illegal activity or political, religious or ideological beliefs
o Personal attacks or anything (including "jokes" that may be misconstrued) obscene, vulgar, illegal, harmful, discriminatory, racist, xenophobic insulting, threatening, abusive, harassing, defamatory, libelous, untrue, misleading or invasive of someone else's privacy or anything that is in any way pornographic or paedophiliac or that refers directly or indirectly to pornographic or paedophiliac sites
o Advertising and solicitations - Do not use any community areas to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, "spam," chain letters, pyramid schemes or any other form of solicitation
o Any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of another or that, without prior written permission, mentions any third party brand or personality or uses any third party content
o Any statement that expresses or implies that any actions you take are endorsed by Vistaprint Voice or our clients
• Do not take any Surveys other than in good faith, such as providing false answers, answers that are not your own genuine responses or speeding through a Survey or answering each question the same way
Vistaprint Voice reserves the right to withhold awarding rewards to you if, in Vistaprint Voice's reasonable view, your Survey responses are untruthful or not well considered
• Do not access or use any part of the Site for anything other than your personal, non-commercial use
• Do not access or use any part of the Site in any way that may violate any applicable law, regulation, or other governmental requirement and/or regulation, treaty or tariff and/or principles of good conduct
• Do not resell, barter, trade or otherwise attempt to generate income by providing access to your member account to others
• Do not impersonate any individual or entity, including, without limitation, a Vistaprint Voice employee, agent or client, or other Vistaprint Voice members or otherwise misrepresent your affiliation with any person or entity, including by "framing" any portion of this Site to make it look like you have a relationship with us or that we have endorsed you for any purpose
• Do not attempt to circumvent the Site or any security measures used on the Site, including by requesting rankings from other members or posting content which does not respond to or pose any question in order to garner rewards
• Do not release, publish or otherwise disclose or make reference to any Survey or Site content in any media without our prior written permission
• Do not collect or store any personal information about other members of this Site and in particular, without limiting the foregoing, do not obtain email addresses of other Site members or third parties with a view to sending unsolicited emails, for whatever reason or purpose
• Do not attempt to access any service or area of the Site or any Surveys that you are not authorized to access
• Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data
• Do not send to or otherwise impact us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a burden on this Site's infrastructure or interfere with the ordinary operation of this Site
• Do not re-post on the Site any statements you receive from the Vistaprint Voice Help Desk or Customer Support
• Do not communicate with the Vistaprint Voice help desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libellous, untrue or misleading
• Do not engage in any other activity that the Vistaprint Voice may reasonably deem improper or abusive. Failure to comply with this Code of Conduct may result in termination of your member account
Confidentiality of SurveysVistaprint Voice's third party partners or clients may disclose confidentialand/or proprietary information and materials to you as part of Surveys, andsuch information and materials shall remain the sole and exclusive property ofits owner. This confidential information may include, but is not limited to, newproduct ideas or concepts, packaging concepts, advertising and movie ortelevision concepts or trailers, and the text, visual images and sounds relatedthereto. By becoming a member, you agree that you will keep the contentsand materials disclosed to you as part of all Surveys in which you participateconfidential and not disclose them to any third party or use the confidentialinformation for any purpose except for the sole purpose of completing theSurveys. If you breach this obligation, in addition to termination of youraccount, you may be liable for monetary damages to Vistaprint Voice and/orour clients for damages caused by the result of your breach
Privacy PolicyUse of this Site is subject to the terms of the Privacy Policy of Vistaprint Voice,which is hereby incorporated into and made part of these Terms. Pleasecarefully review the Privacy Policy. We reserve the right, and you authorizeus, to use information regarding your use of this Site and any other personalinformation provided by you in accordance with the Privacy Policy
Member Content and LicenseYou hereby grant Vistaprint Voice and its third party partners and clientswhere the Survey in question is conducted by them, a non-exclusive,perpetual, unlimited, worldwide, royalty-free right to use for any purpose anycontent you submit to this Site (e.g., your opinions, ideas and Surveyresponses), including the right to edit, copy, transmit, publish, display, modify,distribute, create derivative works from and develop such content and totransfer such content to third parties. You, not Vistaprint Voice, will have soleresponsibility and liability for all content you use, upload, post or submit to theSite, including on our message boards and in any Survey in which youparticipate, including the obligation to obtain any necessary approvals andauthorizations required to post such content. By submitting such content tothe Site, you release Vistaprint Voice and its clients and third party partnersfrom any obligation to compensate you in respect of use of such content inany form, including without limitation, for commercial use and hereby waiveany moral rights that you might otherwise have been able to exercise inrespect of that content
Vistaprint Voice Intellectual PropertyYou acknowledge that all materials on the Site, including the Site's design,graphics, text, sounds, pictures, software and other files and the selection andarrangement thereof (collectively, "Materials"), are the property of VistaprintVoice or its licensors, and are subject to and protected by United States andinternational copyright and other intellectual property laws and rights. All rightsnot expressly granted to you are reserved by Vistaprint Voice or its licensors
Except as expressly authorized by these Terms or on the Site, you may notcopy, reproduce, distribute, republish, download, perform, display, post,transmit, exploit, create derivative works or otherwise use any of the Materialsin any form or by any means, without the prior written authorization ofVistaprint Voice or the respective intellectual property rights owner. VistaprintVoice authorizes you to view and download the Materials only for personal,non-commercial use, provided that you keep intact all copyright and otherproprietary notices contained in the original Materials. You may not modify oradapt the Materials in any way or otherwise use them for any public orcommercial purposes
The logo and trademarks "Vistaprint Voice," "www.vistaprintvoice.com" aretrademarks or registered trademarks of Vistaprint Voice or its affiliates. Allother trademarks, service marks, logos and trade names used on this Site arethe property of Vistaprint Voice or their respective owners and may not be copied, imitated or otherwise used, in whole or in part, without the prior writtenauthorization of Vistaprint Voice and/or its licensors. All rights are reserved
Disclaimer of WarrantiesBy utilizing this Site, you acknowledge and agree that Vistaprint Voice is not abank or any other kind or form of financial institution. Vistaprint Voice is notresponsible for the actions of any third party, such as the issuers of any e-rewards, gift cards, vouchers or other rewards
You expressly agree that your use of this Site and your member account is atyour sole risk. You agree that this Site, all information on this Site, and theservices offered by this and their functionality are provided by Vistaprint Voiceor its corporate parents or affiliates, successors or assigns, suppliers oragents, "AS IS" and "AS AVAILABLE." Vistaprint Voice is not responsible fortypographical errors regardless of source. In addition, Vistaprint Voice doesnot represent or warrant that the information accessible on this Site isaccurate, complete, or current. You hereby release Vistaprint Voice and itsaffiliates and third party providers from all liability regarding the redemptionand use of any rewards, rewards that, after receipt, may be lost, stolen ordestroyed. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESETERMS, Vistaprint Voice AND ITS AFFILIATES OR AGENTS DISCLAIM ALLWARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED ORSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIEDWARRANTIES, DUTIES OR CONDITIONS: (a) OF SATISFACTORYQUALITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OFRESULTS, AND OF ACCURACY OR COMPLETENESS OR PRIVACY ORSECURITY OF INFORMATION; (b) THE SITE WILL BE UNINTERRUPTED,TIMELY, SECURE, OR ERROR-FREE; (c) CREATED BY TRADE USAGE,COURSE OF DEALING OR COURSE OF PERFORMANCE. Vistaprint VoiceFURTHER DISCLAIMS ALL DUTIES TO YOU, IF ANY SUCH DUTIESEXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE,WORKMANLIKE EFFORT, FREEDOM FROM COMPUTER VIRUS, ANDLACK OF NEGLIGENCE. Vistaprint Voice FURTHER MAKES NOWARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOURENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINSTINFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISEOBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWNDISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FORANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THATRESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINEDBY YOU FROM Vistaprint Voice AND IT'S AFFILIATES ON OR THROUGHTHE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATEDIN THESE TERMS
Limitation of LiabilityWITH THE EXCEPTION OF PERSONAL INJURY OR DEATH RESULTINGFROM THEIR NEGLIGENCE OR ANY LIABILITY FOR FRAUD, VistaprintVoice AND ITS AFFILIATES OR AGENTS SHALL NOT UNDER ANYCIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KINDARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OFOR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS APUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT ORINACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESSTO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FORSTATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR(VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRDPARTY WEBSITE. SUBJECT TO THE EXCEPTIONS STATED AT THEBEGINNING OF THIS PARAGRAPH ,THIS IS A COMPREHENSIVELIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANYKIND, INCLUDING, TO THE FULLEST EXTENT ALLOWED BY LAW, FORANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILARGENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSSOR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FAILURE TO MEETANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOODFAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), ORFOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUTOF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THEENTIRE AGREEMENT OR THIS SITE, EVEN IF Vistaprint Voice HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THEEVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT ORPRODUCT LIABILITY OR MISREPRESENTATION
IN NO EVENT SHALL THE LIABILITY OF Vistaprint Voice, ITS CORPORATEPARENTS OR AFFILIATES, SUCCESSORS OR ASSIGNS, SUPPLIERS ORAGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLEREWARD AT ISSUE, OR IF A DISPUTE RELATES GENERALLY TO YOURUSE OF THE SITE, TO THE FAIR MARKET RETAIL VALUE OF THE REWARDS WHICH YOUR UNUSED, UNEXPIRED, NON-CANCELEDREWARDS ARE CONVERTIBLE INTO
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAINWARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FORCERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVEDISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCHJURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TOTHE FULLEST EXTENT PERMITTED BY LAW
IndemnificationYou agree to indemnify and hold Vistaprint Voice, and its parent and affiliatedcompanies, together with their officers, directors, owners, employees andagents harmless from any and all claims, losses, damages, suits, fines, leviesand costs (including reasonable attorney's fees and expert witness costs,including costs associated with in-house counsel), (collectively "Claims"),arising from or related to your use of or conduct on this Site and any contentyou place on, submit to or transmit through this Site, your breach of theseTerms, your infringement or violation of any rights of another, or termination ofyour access to the Site, including Claims made by third parties. You agreethat Vistaprint Voice has the unlimited right to defend any Claim and to settleany Claim without your prior permission. You agree to provide Vistaprint Voicewith all reasonable assistance in the defense of any Claim
Tax Liability (US members only)You may be required under federal, state, and/or local laws to pay taxes onany rewards you may receive. You acknowledge that we may supplyinformation to taxing agencies, or withhold taxes, at the request of thoseagencies or as we, in our sole discretion, deem appropriate. You acknowledgeand agree that you will provide Vistaprint Voice l with any additional personalinformation, such as your Social Security number, that Vistaprint Voice needsto comply with any reporting or withholding obligations. Your failure to providesuch information within 30 days of a request sent by Vistaprint Voice to theemail address registered at that time may result in the forfeiture of rewardsyou may have won
Links; Third Party WebsitesVistaprint Voice may provide links to third-party websites as a convenience toyou, and Vistaprint Voice's providing of any link does not constitute anendorsement by such site of Vistaprint Voice or vice versa. If you use theselinks, you will leave the Site. You agree that Vistaprint Voice is not responsiblefor examining or evaluating the content or accuracy and Vistaprint Voice doesnot warrant and will not have any liability or responsibility for any third-partymaterials or websites, or for any other materials, products, or services of thirdparties. You will use these links at your own risk. You agree that you will notuse any third-party materials in a manner that would infringe or violate therights of any other party and that Vistaprint Voice is not in any wayresponsible for any such use by you. Vistaprint Voice expressly disclaims anyresponsibility for the content, legality, decency or accuracy of any information,and for any products and services, that appear on any third party website
Without limiting the foregoing, your correspondence or business dealings with,or participation in promotions of, advertisers found on or through the use ofthe Site, including payment for and delivery of related goods or services, andany other terms, conditions, warranties or representations associated withsuch dealings, are solely between you and such advertiser. You agree that,save for death or personal injury resulting from their negligence or their liabilityfor fraud, Vistaprint Voice and its affiliates shall not be responsible or liable forany loss or damage of any sort incurred as the result of any such dealings oras the result of the presence of such advertisers on the Site
Applicable Law and Exclusive ForumThese Terms and all performances and claims of every nature (includingwithout limitation, contract, tort and strict liability) relating in any way to anyaspect of this Site shall be governed by the laws of the State ofMassachusetts without regard to its conflict of law provisions. Any disputesregarding such claims or arising under or related in any way to these Terms orthis Site shall be heard exclusively in the appropriate forum in Massachusetts
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VistaprintVoice HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANYPROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITHRESPECT TO THESE TERMS OR THE SITE. IN ADDITION, NEITHER YOU NOR Vistaprint Voice SHALL BE ENTITLED TO JOIN OR CONSOLIDATECLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIMAS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATEATTORNEY GENERAL CAPACITY
NoticesNotices to You: We may give you all notices that we are required to give byposting notice on this Site. You also agree that we may give notice by email inour discretion, including notice of subpoenas or other legal process (if any)
We may provide notice to any email or other address that you provide duringregistration. You agree to keep your address current and to check for noticesposted on the Site
Notices to Us: You can contact us at [email protected]
If you believe that your work has been reproduced in this Site in a wayconstituting copyright infringement, you may provide a notice to thedesignated Copyright Agent for the Site athttps://www.vistaprint.com/customer-care/copyright.aspx
Entire Agreement; MiscellaneousThese Terms, including items incorporated into them (e.g., the Privacy Policy),as well as any additional terms or conditions contained on the Site forparticular activities, and disclosures provided by us and consents provided byyou on the Site (collectively, the "Entire Agreement"), constitute the entireagreement between us and neither party has relied on any representationsmade by the other that are not expressly set forth in the Entire Agreement. Ifany provision of the Entire Agreement is found by a court of competentjurisdiction to be invalid, the remaining provisions will remain in full force andeffect, provided that the allocation of risks described herein is given effect tothe fullest extent possible. Our failure to act with respect to a breach does notwaive our right to act with respect to subsequent or similar breaches
Vistaprint Voice Terms & Conditions Last updated February 25, 2021 Introduction Welcome to Vistaprint Voice's website ("Site"). The Site is a service of Cimpress plc and its affiliates, including Vistaprint Netherlands B.V. and Vistaprint B.V. (collectively “Vistaprint”) and is operated by Alida Communications Inc.
These VistaPrint Terms and Additional Terms are not applicable to purchases of a product and/or a service which are not from VistaPrint directly but through a third party such as a reseller or a service provider we have partnered with. In such case, the terms you have separately agreed upon with this third party, will apply.
Vistaprint’s Satisfaction Guarantee is valid for 10 years following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Vistaprint's control and may not be covered by the Satisfaction Guarantee.
14. Governing Law, Jurisdiction and Dispute Resolution 14.1. The party you are contracting with and the seller of the products and services offered and sold on this Site is Vistaprint Netherlands B.V., a private company with limited liability incorporated under the laws of the Netherlands. 14.2.
2. Your Account Before you can place an order online, you must have a Vistaprint account which is created by completing the registration form on the Site. The customer will at all times be responsible for each and every use of the account.