Terms of Service
Last updated: June 19, 2013
ZINK collects personal information about you primarily to give you a meaningful, enjoyable, and personalized experience when you use the Services, as well as in order to facilitate the sale of Products, the downloading of Artwork and the development of new products and services. Your personal information also allows us to provide better service to you by tailoring our communications to match your interests, allowing us to deliver more of the content and information that you want and less of what you don’t want. Please review our [Privacy Notice] [AM: Create hyperlink] to understand our practices regarding your personal information.
When you use the Services, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through the App. 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.
All content provided in connection with the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ZINK or its content suppliers and protected by copyright laws. The compilation of all content on the Site and the App as well as in the Store is the exclusive property of ZINK and protected by copyright laws.
The graphics, logos, page headers, button icons, scripts, and service names used in connection with the Services are trademarks, or trade dress of ZINK . ZINK’s trademarks and trade dress may not be used in connection with any product or service that is not ZINK’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZINK. All other trademarks not owned by ZINK that appear on the Site or the App or in the Store are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZINK.
LICENSE AND SITE ACCESS
ZINK grants you a limited license to access and make personal use of the Services and not to download (other than page caching) or modify them, or any portion of them, except with express written consent of ZINK. This license does not include any resale or commercial use of the Services or the contents thereof; any collection and use of any Product listings, descriptions, or prices; any derivative use of the Site, the App or the Store or their 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. The Services (or any portion of the Services) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ZINK. 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 ZINK without express written consent. You may not use any meta tags or any other “hidden text” utilizing ZINK’s name or trademarks without the express written consent of ZINK. Any unauthorized use terminates the permission or license granted by ZINK. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site or the Store so long as the link does not portray ZINK, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ZINK logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, tablet or phone or other device from which you access the Services, and you agree to accept responsibility for all activities that occur under your account or password. ZINK does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. The Services are not intended for children under the age of 13. If you are between the ages of 13 and 18, you may use the Services, but you may purchase Products through the Services only with involvement of a parent or guardian. ZINK reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
PRODUCTS, APPLICATIONS AND ARTWORK
ZINK may make available to you various products (including printers and accessories) (“Products”) and applications that work in connection with the Products (“Applications”). ZINK may also make available to you electronic artwork or other content (e.g., art packs) for use in connection with the Products (“Artwork”). Artwork may include art packs, data files, frames, written text, clipart, composites, fonts, graphics, illustrations, images, photographs or any other visual representation.
ZINK attempts to be as accurate as possible in describing the Products, Applications and Artwork. However, ZINK does not warrant that descriptions or other content available through the Services (including Artwork) is accurate, complete, reliable, current, or error-free.
Each Product and Application and the Artwork available on the Store is displayed with its corresponding price. Pricing and availability of all Products, Applications and Artwork are subject to change at any time. We do NOT charge your credit card until after your order has entered the shipping process.
ZINK may make available to you various payment processing methods to facilitate the purchase of Products, Applications and Artwork. You must abide by any relevant terms and conditions or other legal agreement that governs your use of a given payment processing method. ZINK may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Products, Applications or Artwork (other than any Applications or Artwork that may be made available at no charge to you) that you order or download and that ZINK (or ZINK’s agents) may charge your credit card or other form of payment that you indicate for any Products ordered or Applications or Artwork downloaded, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on the Store.
You are responsible for any taxes on purchases you make from the Store. Taxes include any duties, customs fees, or taxes associated with the sale of Products, Applications or Artwork.
LICENSE TO ARTWORK AND APPLICATIONS
The license terms applicable to any Artwork or Applications are available prior to your downloading. If you do not agree to the license terms, do not download the Artwork or Application. By downloading any Artwork or Application, you agree to be bound by the applicable license terms.
RISK OF LOSS
All Products purchased from ZINK are made pursuant to a shipment contract. This means that the risk of loss and title for such Products pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
ZINK may allow you to return Products under certain circumstances. If you wish to return any Product, please call us at (877) 711-ZINK (9465). We will determine whether your Product is eligible for return and, if so, provide you shipping instructions. Do NOT return any Products to ZINK without an RMA number from customer support.
ZINK does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, ZINK does not take title to the refunded item.
All purchases of Artwork and Applications are final. You may not return any Artwork or Applications.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may offer you the opportunity to post reviews, comments, photos, and other content, send communications, and submit suggestions, ideas, comments, questions, or other information, so 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 e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ZINK 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 ZINK 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 ZINK 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 ZINK for all claims resulting from content you supply. ZINK has the right but not the obligation to monitor and edit or remove any activity or content. ZINK takes no responsibility and assumes no liability for any content posted by you or any third party.
ZINK respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, APPLICATIONS AND ARTWORK AND SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY ZINK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ZINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, APPLICATIONS AND ARTWORK OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZINK DOES NOT WARRANT THAT THE SERVICES; INFORMATION, CONTENT, MATERIALS, PRODUCTS, APPLICATIONS AND ARTWORK OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM ZINK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZINK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, APPLICATIONS AND ARTWORK OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR 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 MIGHT HAVE ADDITIONAL RIGHTS.
These Terms are to be construed and enforced in accordance with the laws of the State of Massachusetts. You submit to personal jurisdiction in Massachusetts, and any cause of action arising under these Terms or otherwise involving the Services must be brought exclusively in a court in Middlesex County, Massachusetts. You knowingly and voluntarily waive the right to a jury trial in any actions arising out of or relating to these Terms.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
By visiting using the Services, you agree that the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and ZINK.
You agree to defend and indemnify ZINK against all claims and all resulting loss and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site, the App or the Store; and (b) your access to and use of the Services or any Products or Artwork.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on the Site or the App or in the Store. These policies also govern your use of the specified part(s) of the Services. We reserve the right to make changes to the Services, policies, and these Terms 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.
ZINK Holdings LLC
114 Tived Lane E
Edison, NJ 018837
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the ZINK’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying ZINK that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located within the Services;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ZINK’s Copyright Agent for notice of claims of copyright infringement in connection with the Services can be reached as follows:
ZINK Holdings LLC
114 Tived Lane E
Edison, NJ 018837
Last updated: October 24, 2012
PLEASE READ CAREFULLY
ZINK Holdings LLC (“ZINK “) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Notice describes what information about you that we collect and how we use and share it. By visiting or shopping at ZINK.com (the “Site”) or using ZINK applications (“Apps”) for mobile devices (collectively, the “Services”), you are accepting the practices described in this Privacy Notice.
OUR COMMITMENT TO PRIVACY
At ZINK, we are committed to protecting your privacy online. We will strive to protect the privacy of all users of the Services.
YOUR PERSONAL INFORMATION
ZINK collects personal information about you, primarily to give you a meaningful, enjoyable, and personalized experience when you use the Services, as well as in order to facilitate the development of new products and services relevant to customers like you. Your personal information also allows us to provide better service to you by tailoring our communications to match your interests, allowing us to deliver more of the content and information that you want and less of what you don’t want.
A SPECIAL NOTE ABOUT CHILDREN
The Services are not intended for children under the age of 13, and ZINK does not knowingly collect personal information from such children, or share such information with third parties.
TYPES OF INFORMATION WE COLLECT
Information You Voluntarily Provide
In order to establish an account to use the Services, register or obtain service for your Product, or participate in various programs offered through the Services, you may be asked to provide certain personally identifiable information to us such as your name, mailing address, email address, and phone number. You may choose not to provide this information to us, however, if you opt not to provide certain information to us, you might not be able to participate in some of our services or offerings.
Information We Automatically Collect
We maintain a record of items that you have purchased while shopping with us. We may also collect information regarding your Product when you shop at the Store or call us for service, such as model, firmware version, serial number and usage information such as how much you print and any Product error codes. ZINK may associate your Product serial number with your ZINK Account.
We also use technologies commonly used on the Internet, such as cookies and beacons, to help ensure the integrity of the Site and to customize portions of the Site for you.
A cookie is a small piece of information sent by a website that is saved on your hard disk by your computer’s browser. The cookies used by ZINK do not contain any personally identifiable information, and are used primarily to:
keep track of temporary information, such as the pictures you upload to and download from the Site;
register you in programs, such as membership at the Site;
remember you when you login to the pages on the Site that are accessible only to members;
remember your country and language preferences when you use the Site;
help us understand the size of our audience and traffic patterns on the Site;
collect and record data about which information and content we send in our emails that you actually view on the Site;
manage and present information on the Site and the pictures displayed on your computer;
and deliver information specific to your interests.
We also place small “tracker gifs” or “beacons” on certain pages on the Site, in online advertising with third parties, and in our email. We use these beacons in conjunction with cookies to collect non-personal data on the usage of the Site, including without limitation, the date and time of a visit, the specific pages visited, the referring web page, the type of browser and operating system used by the visitor, and the domain name of the visitor’s Internet service provider. This information is collected about thousands of visits to the Site and analyzed as a whole. Uses of this information include tracking the performance of our online advertising and determining where to place future advertising on other websites.
Disabling Cookies and Beacons
If you are uncomfortable with the automatic collection of the types of information described above, we recommend disabling cookies and beacons in your browser’s preferences. However, if you choose to disable these features, please understand this may limit the performance and functionality of the Site. Your browser documentation should provide information about how to disable cookie and beacon support.
Information from Other Sources
We sometimes obtain additional information about you, such as demographic and lifestyle information, from other sources and merge it with information we have collected through the Services, as well as other information you may have provided to us offline.
USING YOUR INFORMATION
ZINK only uses your personal information to conduct business with you, including without limitation:
to register you in programs;
to create and maintain membership accounts;
to answer your email to us;
to communicate with you;
to provide customer support;
to send surveys; and
to register Products
SHARING OF PERSONAL INFORMATION
Your personally identifiable information will not be rented or sold to any third party. ZINK may share your personal information in the following ways:
Companies Who Work on Our Behalf
We contract with other companies to perform business support functions on our behalf, the performance of which may require limited access to your personal information. We require these companies to use such information only to provide the contracted services, and these companies are prohibited from transferring your personal information to any third-parties except as may be necessary to provide the services we have hired them to provide. Some examples of these services include order fulfillment, coupon fulfillment, award and rebate fulfillments, customer survey execution, customer support and information systems management. We also may make aggregated non-personal information available to select service providers.
ZINK’s Subsidiaries and Joint Ventures
A subsidiary or a joint venture is an organization in which ZINK owns an interest. If ZINK shares your personal information with a subsidiary or joint venture partner, ZINK will forbid them to transfer your personal information to any third-party for any marketing purposes or use your personal information contrary to your expressed choices. If you have opted not to receive marketing information from ZINK, we will not share your personal information with our subsidiaries or joint venture partners for their marketing purposes.
Co-branded and Partner Pages
ZINK reserves the right to transfer your personal information in connection with the sale or transfer of all or a portion of our business or assets.
ZINK may disclose any information, including personally identifiable information, to third parties without your consent for any of the following reasons: to comply with any law, regulation, subpoena or court order; to cooperate with a government investigation or in response to a law enforcement agency’s request; to help prevent fraud; or to enforce or protect the rights of ZINK or any of its subsidiaries, related companies, joint venture partners, or affiliates.
With Your Consent
Other than as specifically described in this Privacy Notice, which may be updated from time to time, ZINK will obtain your consent before sharing your personal information with third parties. For example, ZINK may contact you to ask whether we may share your personal information with a third party with whom we are providing a joint offer or contest.
YOUR CHOICES ABOUT RECEIVING EMAIL
ZINK may send you email in response to questions that you submit to us. ZINK, its subsidiaries, or its joint venture partners may also contact you with information or special offers about products and services that may be of interest to you, unless you opt-out of receiving them.
PROTECTING YOUR INFORMATION
ZINK implements a variety of administrative, managerial, and technical security measures to help protect your personal information. However, while we strive to protect your personal information, you also must take steps to protect your own information. ZINK urges you to take every precaution to protect your own personal information, whether you are visiting the Site or using any of the Apps or visiting any other website on the Internet.
HOW TO REACH US
If you have questions or concerns about this Privacy Notice, please contact us at:
ZINK Holdings LLC
114 Tived Lane E
Edison, NJ 018837
CHANGES TO OUR PRIVACY NOTICE
From time to time, it may be necessary for ZINK to change our Privacy Notice. If we make changes, we will post the revised version here, so we suggest that you check here periodically for the most up-to-date version of our Privacy Notice.