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SproutLoud Media Networks, LLC User Agreement

This Web site and all corresponding products and services accessible through this site are provided by SproutLoud Media Networks, LLC.

Acceptance of Terms.
In order to obtain full access to this site operated by SproutLoud, marketing programs, products and services, you must read the terms and conditions of service set forth below (the "User Agreement") and agree to be legally bound by the obligations imposed on you in this User Agreement. By clicking the "I AGREE" button, you accept the terms and conditions of this Agreement. We may amend this User Agreement without notice to you by posting the changes on our website, and changes will be effective ten days after being posted.

Registered Users Limited.
The document printing, its corresponding mailing and e-mail services offered on this website and by SproutLoud are available only to individuals age 18 or over who are residents of the United States. We may refuse any or all of our services to anyone at any time, in our sole discretion.

SproutLoud Proprietary Rights.
This website and any necessary software used in connection with it ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements, images or information presented to you on this website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SproutLoud or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website or the Software, in whole or in part. SproutLoud grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Any use of this Software not in accordance with this agreement is strictly prohibited and violators will be prosecuted to the maximum extent acceptable by law.

Retail Policies.
Our Retail Policies for enrolling in SproutLoud programs and purchasing other products or services from SproutLoud on this website and our refund policy are available here and are incorporated herein. All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on our website. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice.

If you subscribe for a SproutLoud account, you are subscribing to SproutLoud’s marketing programs including online postcard design, variable data customization, printing, USPS mailing services and corresponding e-mail services that allow you to design, customize, print, mail and e-mail marketing collateral using the SproutLoud’ service. If this site requires a membership fee, your membership includes online storage of your own and proprietary personal images, customer list and private template designs, as well as access to our design template database and other services, at no additional charge, to design and manage your marketing campaigns.

Customized marketing collateral may be purchased online using your credit card. Each time you place an order, SproutLoud will record the order you have purchased in your SproutLoud account. You will approve all marketing collateral designs online. SproutLoud suggests you print your "proof", a sample of your order, viewable and printable in PDF format. You will input your initials approving the print and mail of all marketing collateral in the SproutLoud order authorization screen. This releases SproutLoud from any liability from your negligence of proofing in the printing and/or e-mailing process. SproutLoud will not be held liable for loss or damage of direct mail through the United States Postal Service.

SproutLoud’s online campaign management and order process has tools for creating & mailing your customized documents. Other than when you use an image or text supplied by us or our licensors, or specifically request template design help from our graphic designers, SproutLoud will not be involved in any way with the design or creation of your postcards. Therefore, we will not routinely screen or review text or graphics modified by you, the end user, before printing and mailing documents. You are solely responsible for and assume all liability arising from all direct mail/e-mail that you and any other person using your User ID and password creating over the SproutLoud website. If a third party notifies us of a problem marketing collateral piece produced by SproutLoud, or if we become aware of a problem document created by you, we may review the document and take any action with respect to the document that we deem necessary in our sole discretion, including, but not limited to, refusing to mail the document. The fact that we review a document and allow the document to be mailed or shipped does not mean that: (1) we approve or endorse the content of the document, (2) the document complies with all applicable laws, or (3) you will not incur any liability or harm arising from the document.

Return Address on Your Direct Mail Documents. SproutLoud will automatically print a return address on every document that you create based on the address for the profile you select for a direct mail order. U.S. Postal Regulations forbid showing a false return address on mail.

Your Content & Information. All information, data, text, software, photographs, messages or other materials ("Content") you upload, post or create using this website is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content and mailing of your documents. You represent and warrant to SproutLoud that: (i) you and your authorized users have the full right, power, and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that you or they perform via the SproutLoud website; (ii) your use and the use by your authorized users of the Content does not and will not infringe any copyright or right of privacy, violate any statutory or common law right; interfere with any intellectual property or other proprietary rights of any third party; or contain any matter that is libelous or otherwise in contravention of law; and (iii) Your Information will be true, accurate, current and complete at all times.

All information you provide to us about yourself during the registration process or through any other feature on this website will be referred to as "Your Information." SproutLoud will only use Your Information in accordance with our Privacy Policy. We act merely as a passive conduit for your online design, creation, printing, and mailing of your Content, in reliance on your representations and warranties in this User Agreement. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize SproutLoud to print Products on your behalf.

You Will Comply with All Laws. When you use the SproutLoud website in any way such as creating, printing and mailing postcards, you will comply at all times with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.

Refund Policy.
In the event you wish to discontinue the use of SproutLoud service and products, you may cancel your SproutLoud account. In the event a subscription to SproutLoud services was paid, you will receive a prorated refund of your annual fee only if the following conditions are met: (i) the request for refund is placed in within 30 days of initial sign-up, (ii) no customized designs for templates have been requested or uploaded for your personal and exclusive template library, and (iii) you have not placed any type of order more than once within the 30 days of initial sign-up.

Printed material. Once documents are approved by you after proofing your document, SproutLoud employs a strict no-refund policy. Since you customize every part of your printing campaign, it is important to view your proof carefully before you place an order. SproutLoud will not be responsible for your negligence of proofing.

Non-Deliverability of Purchased Data. SproutLoud provides you with a link to our data provider giving you the ability to purchase data to use in a direct mail campaign as a service to you. In no way will you hold SproutLoud liable for any defective or undeliverable data. The data provider's sole obligation and your exclusive remedy for any claim of defective Data or Data processing services that is made known to the data provider by written notice from you describing any errors in sufficient detail with any necessary backup information or documents shall be to correct the data or without charge or, at your option, refund the price paid by you for such data. THIS DOES NOT INCLUDE COST OF PRINT, POSTAGE AND ANY OTHER ASSOCIATED SERVICES.

SproutLoud Privacy Policy.
To learn more about how we protect Your Information please see our Privacy Policy.

Third Parties.
You authorize SproutLoud and its vendors and contractors to cooperate with the U.S. Postal Service and any U.S. or non-U.S. law enforcement or governmental agency, which cooperation includes, but is not limited to, SproutLoud voluntarily disclosing (i.e. without being subject to a lawful order to disclose) to the U.S. Postal Service, and any U.S. or non-U.S. law enforcement and/or governmental agency any or all of Your Information and your Content.

Indemnity.
You will indemnify and hold SproutLoud, and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your Information, your Content, your use of this website, the use of this website by any person who uses this website while logged on under your user name and password, orders placed using your user name and password, your default under any provision in this User Agreement, your violation of any laws and your violation of any rights of another person.

Termination.
SproutLoud in its sole discretion without notice to you, may: (1) terminate your access to its website or your use of any feature of its website, (2) refuse to print and/or mail any documents and (3) terminate this website, or any feature on the website. SproutLoud will not be liable to you or any third-party for any suspension or termination of your access to this website or your Content; except SproutLoud will refund to you a portion of your membership fee on a pro-rated basis determined by the number of days used versus the days you have remaining on your membership. In the event of terminating your access to the SproutLoud website, SproutLoud will not be responsible for returning any and all content previously stored on this website.

SproutLoud Proprietary Rights.
This website and any necessary software used in connection with it ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements, images or information presented to you on this website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SproutLoud or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website or the Software, in whole or in part. SproutLoud grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

Disclaimer of Warranties.
Your use of this website is at your sole risk. This website is provided on an "as is" and "as available" basis. SproutLoud disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. SproutLoud makes no warranty that (1) the website will meet your requirements, (2) the website will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the website will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through this website will meet your expectations, and (5) any errors in the Software will be corrected. Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from SproutLoud or through or from this website shall create any warranty not expressly stated in this user agreement.

Limitation of Liability.
SproutLoud will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SproutLoud has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use this website; (2) the cost of procuring substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on this website; or (5) any other matter relating to this website. Our liability, and the liability of our printers, suppliers, contractors and vendors, to you or any third parties in any circumstance is limited to the lesser of (1) the amount of fees you pay to us in the 12 months before the action giving rise to liability, or (2) $100.

Notice.
Notices from us to you and from you to us may be given by either email or regular mail. Notice is deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. If we use the U.S. mail to send you a notice, the notice will be deemed given 3 days after the date of mailing. This website may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices to you generally on the website.

Copyrights.
SproutLoud respects the intellectual and property rights of others and we ask users to do the same. You should assume that all text, graphics and images that you find on the World Wide Web are subject to a copyright. In general, it is a violation of federal law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on SproutLoud documents without the consent of the owner of the copyright. You authorize SproutLoud to cooperate with copyright owners who claim that you have infringed or may infringe on their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing Your Information and your Content to the copyright owner or its agent and destroying all alleged infringing material.

General Information.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This User Agreement and the agreements incorporated herein are the entire agreements between you and SproutLoud and governs your use of this website. This User Agreement supersedes any prior agreements between you and SproutLoud. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. The User Agreement and the relationship between you and SproutLoud will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and SproutLoud agree to submit to the personal and exclusive jurisdiction of the courts located in Broward County, Florida. The failure of a party to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Disclosures.
This website is provided by SproutLoud Media Networks, LLC.

If you have any questions or comments about the SproutLoud User Agreement, contact us at info@sproutloud.com.