1. ACCEPTANCE OF TERMS
Harland Clarke Corp. (“Harland Clarke”) on behalf of its subsidiaries, affiliates, officers, agents, co–branders, print vendors, business partners, employees and successors provides its service to you as Promise Checks, subject to these Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. By accessing any page on this site, you agree to be bound by these Term of Service. In addition, when using particular Promise Checks services, you may be subject to additional posted guidelines or rules applicable to our partners or affiliates, or specific to such services which may be posted on our site or on the sites of our partners or affiliates, from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS.
2. USE OF SERVICE
Harland Clarke through Promise Checks provides users with access to a large collection of online design and printing resources (collectively, the “Service”). Any new features that augment or enhance the current Service, including the release of new Promise Checks features, shall be subject to these TOS. You understand and agree that the Service is provided “AS–IS” and that Harland Clarke assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.
DESIGN STUDIO GRAPHICS
Graphics selected from the Promise Checks Design Studio (“Configurator”) may be used on any printed/imprinted product for individual, internal or promotional non–commercial purposes only. For example, you may use a Configurator graphic to design a promotional item, such as bumper stickers, for your personal (or your company’s) use, however you may not then re–sell the bumper stickers commercially.
If you have any questions regarding the use of Configurator graphics, please contact us by telephone at 1-800-977-6647.
The typefaces on final printed products are graphic representations of the original fonts that appear on your screen. As these technically exist only on our servers, it is not possible to download these typefaces.
3. CUSTOMER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Harland Clarke of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Under no circumstances will Harland Clarke be liable for any loss or damage arising from your failure to comply with this Section.
4. CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, message or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Harland Clarke, are entirely responsible for all Content that you send, upload, post or otherwise transmit via the Service. You agree to comply with all applicable laws, rules and policies regarding online conduct and acceptable Content.
You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains:
- child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile;
- a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail;
- any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States;
- any defamatory remarks directed at any other person or company; or
- any content that infringes the intellectual property rights or other proprietary rights of Harland Clarke or any third party or person. Harland Clarke does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Harland Clarke be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
You understand that you control the privacy of any Content you elect to post by granting access under your personal password. When you, or someone to whom you have given access, orders an imprinted item using your password, you grant Harland Clarke the world–wide, royalty free and non–exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the Content on the Service and on the imprinted product for the purposes of storing designs or processing print orders. This license exists only for the length of time necessary for Promise Checks to complete your order or until you delete the Content from the Service.
You acknowledge that Harland Clarke does not pre–screen Content, but that Harland Clarke and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the TOS or may otherwise be objectionable. Harland Clarke reserves the right to refuse any order for any or no reason, including failure to comply with the TOS. You further acknowledge and agree that Harland Clarke may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that the Content violates the rights of third parties; or
- protect the rights, property, or personal safety of Promise Checks, its users and the public.
You agree to indemnify and hold Harland Clarke and its subsidiaries, affiliates, officers, agents, co–branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of the rights of a third party.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Harland Clarke may establish general practices and limits concerning your use of the Service, including without limitation, the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on Harland Clarke’s servers for Customer use. You agree that Harland Clarke has no responsibility or liability for the deletion or preservation of any Content maintained or transmitted to the Service. You acknowledge that Harland Clarke reserves the right to delete Content stored on the Service. You further acknowledge that Harland Clarke reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.
8. MODIFICATION OR TERMINATION TO SERVICE
Harland Clarke reserves the right to modify or discontinue, whether temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that Harland Clarke, in its sole discretion, may terminate your password, account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if Harland Clarke believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Harland Clarke may also in its sole discretion, and at any time, refuse to print an order or discontinue providing the Service, or any part thereof, with or without notice to you. You agree that AmericanBankChecks.com shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of an order or the Service.
9. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Harland Clarke shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
From time to time, you may find, links to third party websites from the Service. Your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. Harland Clarke does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these third party websites. You further acknowledge and agree that Harland Clarke shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HARLAND CLARKE EXPRESSLY 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.
- HARLAND CLARKE MAKES NO WARRANTY THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR–FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HARLAND CLARKE OR THROUGH THE USE OF THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HARLAND CLARKE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT BE LIABLE TO YOU 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 HARLAND CLARKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- YOUR USE OR INABILITY TO USE THE SERVICE;
- YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
13. TRADEMARK INFORMATION
Promise Checks is a trademark of Harland Clarke Holdings. You shall not display or use in any manner the Promise Checks trademark or other intellectual property without Harland Clarke’s prior written permission. All other brand and product names found on the Promise Checks site are considered trademarks or registered trademarks of their respective owners.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Promise Checks Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos.
The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are specifically licensed to you by the copyright holder. If requested, you agree to provide proof of your right to use any trademarks, service marks, logos, copyrighted material or other intellectual property in the Content.
14. COPYRIGHT INFRINGEMENT
Harland Clarke respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Harland Clarke General Counsel the following information:
- 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;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email 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.
Harland Clarke General Counsel can be reached by mail as follows:
2435 Goodwin Lane
New Braunfels, Texas 78135
15. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Harland Clarke and govern your use of the Service, superseding any prior agreements between you and Harland Clarke. You also may be subject to additional terms and conditions that may apply when you use affiliate services, or third–party content. These TOS and the relationship between you and Harland Clarke shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You and Harland Clarke agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bexar County, Texas for any disputes. The failure of Harland Clarke to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the other provisions of these TOS are severable and remain in full force and effect.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Service group by telephone at 1-800-977-6647.
Promotions may be offered from time to time. All promotions are subject to these TOS and may include additional terms, conditions and restrictions listed herein or in other areas of the Promise Checks website which describe the promotion.