Terms and Conditions
Last updated: July 31, 2017
Please read these terms & conditions carefully. When you access, browse and/or use this web-site (including the ordering of products through this website) you are agreeing to be bound by all of the terms & conditions stated below and all applicable laws.
If you do not agree with any change, modification or amendment Tiniciti Preschool may make to the site terms you may withdraw your consent to be bound to the changes by notifying Tiniciti Preschool in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this website. Your account will be deactivated and you and will no longer be eligible to use this website or order further products or services from Tiniciti Preschool. If your account is deactivated, this will not affect your responsibility for payment of jobs already completed and/or in production.
Note: As more fully explained below, Tiniciti Preschool reserves the right to change, modify or amend these Terms and Conditions without prior notice. Your continued use of this site is and shall be deemed to be your agreement to be bound by any such modifications, alterations or updates.
MODIFICATION OF SITE TERMS
Tiniciti Preschool reserves the right to modify, change and/or amend the Site Terms (these Terms and Conditions and/or one, more or all of the additional terms and policies reference above) from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of Tiniciti Preschool.
If the Site Terms are changed, modified and/or amended, Tiniciti Preschool will post the new terms on this Website and the “last updated” date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this Website. By agreeing to these Site Terms you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Site Terms (and each of the components thereof) each time you visit or use this Website.
If you do not agree with any change, modification or amendment Tiniciti Preschool may make to the Site Terms you may withdraw your consent to and agreement to be bound to them by notifying Tiniciti Preschool in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this Website. Your account will be deactivated and you and will no longer be eligible to use this Website or order further products or services from Tiniciti Preschool. If your account is deactivated, this will not affect your responsibility for payment of jobs already completed and/or in production.
Tiniciti Preschool may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions Tiniciti Preschool has elected to notify you via such additional means does constitute an agreement of any kind by Tiniciti Preschool that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.
Tiniciti Preschool may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions Tiniciti Preschool has elected to notify you via such additional means does not constitute an agreement of any kind by Tiniciti Preschool that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.
Your use of this Website constitutes your agreement and consent that Tiniciti Preschool may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register with Tiniciti Preschool. Your may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production). Your account will be deactivated and you will no longer be eligible to use this Website to order further products or services from Tiniciti Preschool. If your account is deactivated, you will remain responsible for payment of print jobs already completed or in production.
This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a “writing” or “in writing,” and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an “original” when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.
You are being provided with a limited license to use this Website and Site Content solely for the purpose of assessing the product and service offerings on the Website, and placing orders for the products and services offered by Tiniciti Preschool via this Website. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Tiniciti Preschool or any third party. You may not use any meta-tags or other “hidden text” utilizing Tiniciti Preschool ‘s name or trademarks without Tiniciti Preschool ‘s express written consent. Unless you receive Tiniciti Preschool ‘s express written consent, you may not:
- resell or make any other commercial use of this Website (or any portion thereof), or the Site Content;
- modify, adapt, translate, reverse engineer, decompile, disassemble or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website).
- copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Site Content (including any Tiniciti Preschool trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
- make a derivative use of the Website and/or any Site Content; or
- utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website.
- You agree to abide by these Site Terms and not to use the products and services offered by Tiniciti Preschool for any improper, illegal, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of improper solicitation.
Tiniciti Preschool may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
In order to take advantage of the full functionality of this Website and to order products and services it will be necessary for you to register and establish a membership account with Tiniciti Preschool. In the event that updated, new, additional and/or enhanced features are added to this Website, previously registered users will not generally be required to re-register, however, you may be required to re-acknowledge these Terms and Conditions and/or other terms and conditions that may accompany these new features, updates and/or enhancements.
When you register, you agree to provide accurate and current information about yourself (and your company) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current.
Not all products and services on this website are available to all customers. The products and services available to you will depend on your overall relationship with us, as measured by our loyalty program. You agree that when you access and use this website, you are only entitled to order those products and services that are available within the loyalty level you are assigned to at that time.
As part of the registration process, you will be required to create a User ID and choose a password. It is your responsibility to choose an appropriate password and to keep it confidential. You are responsible for all activities that occur under your User ID and password. If you believe your User ID/password has been compromised in any way you should immediately change it by logging on to your account and then following the instructions for changing your password. You agree that you will immediately notify Tiniciti Preschool in the event you become aware of any unauthorized use of your user ID and password.
CUSTOMER PROVIDED CONTENT
For certain product and service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, “Customer Content”) to Tiniciti Preschool for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to Tiniciti Preschool you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold Tiniciti Preschool and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by Tiniciti Preschool in defending against such suit, demand or claim.
Tiniciti Preschool does not maintain Customer Content indefinitely. Customer Content uploaded to the Website with an associated order will be kept on file for a period of up to fifteen (15) days. At the end of that time it may be deleted and irretrievable. Please note that Customer Content uploaded to Tiniciti Preschool cannot be used to re-order an additional print job; it is only maintained for reprint purposes.
You agree that you will not send, upload, post or otherwise transmit to Tiniciti Preschool any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person’s privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of Tiniciti Preschool and/or or any servers or networks connected to or used in connection with the delivery of such service and production.
You acknowledge that Tiniciti Preschool does not pre-screen Customer Content, but that Tiniciti Preschool reserves the right to do so at any time and that Tiniciti Preschool and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a print job or order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that Tiniciti Preschool may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Site Terms; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Tiniciti Preschool, its employees, users and the public in general.
Regardless of the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, Tiniciti Preschool, retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of Tiniciti Preschool.
Please note that if your order requires additional customization to be done by a third party, Tiniciti Preschool is no longer responsible for the order and Tiniciti Preschool’s liability to use is terminated at the time the order leaves Tiniciti Preschool.This includes packaging and label orders also.
All prices and dollar amounts on this Website are in United States dollars. Tiniciti Preschool presently accepts the following credit cards: VISA, MasterCard, American Express, and Discover. We reserve the right to stop accepting credit cards from one or more issuers.
In order for you to register with and order products and services from Tiniciti Preschool it is necessary for you to provide and keep on file a valid, authentic and current credit card, which you are authorized to use. By submitting a credit card number to Tiniciti Preschool you are representing and warranting that the credit card information you provide is valid, authentic, current, and one that you are authorized to use it. You agree that in the event the credit card information you have provided becomes invalid, out of date or that you are no longer authorized to use the card, you will immediately provide another credit card number that is valid, authentic and current, and which you are authorized to use. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by a Tiniciti Preschool customer service representative if extended processing is required to complete your transaction request through our Website. This may affect to your estimated delivery date.
Unless Tiniciti Preschool agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with Tiniciti Preschool or to charge a valid, authentic and current credit card, which you are authorized to use, that you provide at the time of the order. (If new credit card information is provided at the time of the order it will be added to the credit card information kept on file; Tiniciti Preschool will not assume that previously provided credit card information is not valid). If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.
In the event you make one or more changes to an existing order that incur additional charges, those charges will be applied to the credit card that was used for the original order, or to an alternative credit card that you provide to us.
In the event that Tiniciti Preschool and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby irrevocably agree that Tiniciti Preschool may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.
A print order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production a Tiniciti Preschool Customer Service representative will inform you of any cancellation charges incurred. (Please allow at least 10 business days for any refunded monies to be credited to your account). A print order cannot be canceled and no refund will be given once it has entered into production or any process thereafter. No refunds are issued for Logo and Graphic design services. All cancellations must be completed through this website by accessing your Pending Orders. If you do not see a button for cancellation, the job has gone into production and cannot be canceled.
If within forty five (45) days or later of you placing an order and Tiniciti Preschool has not received any files or incomplete files from which to complete your job, Tiniciti Preschool may at its option cancel the order and refund any payment charged to your credit card.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
This website and the information, site content, services, products and materials contained in or offered through this website, are provided on an “as is” basis without warranties of any kind, either express or implied. To the maximum extent permitted by law, Tiniciti Preschool disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer viruses, and implied warranties arising from course of dealing or course of performance, with respect to this website and the information, site content, services, products and materials contained in or offered through this website. Tiniciti Preschool does not represent or warrant that the information, site content, services, products and materials contained in or offered through this website are accurate, complete, reliable, current, or error-free, that the services and products offered will meet the user’s requirements, or that the services and products will be provided in a timely, uninterrupted or secure manner. Tiniciti Preschool is not responsible for typographical errors or omissions relating to pricing, text or photography. Tiniciti Preschool does not represent or warrant that this website or its server(s) are free of viruses, trojans, malware, or other harmful or malicious components, even if Tiniciti Preschool or it’s authorized representatives have been advised of such possibility. You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site is at your sole risk.
In no event shall Tiniciti Preschool, or its shareholders, directors, officers, employees, agents, affiliates or subsidiaries, be liable (jointly or severally) to any person or entity for any special, incidental, indirect, consequential, punitive or other indirect damages of any kind or nature ,under any legal theory, including damages resulting from loss of use, loss of profits and/or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, and whether or not Tiniciti Preschool has been advised of possibility of such damages, arising out of or in connection with: (1) the use or performance of this website; (2) errors or faults in the information, site content, services, products or materials contained in or offered through this website; (3) the use of information, site content, services, products or materials provided through this website; (4) the inability to use this website, any part of this website, or any function offered by the website; (5) a failure to provide products or services ordered from Tiniciti Preschool (or any affiliate thereof) for any reason including any lost, corrupted or damaged customer data, non-delivery, mis-delivery, late delivery, or lost or damaged shipments; (6) mistake, omission, delay, or interruption of service; and/or (7) contamination by virus, trojan, or malware of any kind.
Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have rights additional to those contained herein.
Tiniciti Preschool, together with its shareholders, directors, officers, employees, agents, affiliates or subsidiaries, shall not be responsible for any direct damages, and shall not provide any credit, refund or adjustment of any kind or nature that is in excess of the amount actually paid to Tiniciti Preschool (after accounting for and deducting, as applicable, special offers, discounts, rewards points, etc.) For the printed product (and shipping costs if applicable) at issue.
Under no circumstances will Tiniciti Preschool be liable to you in any way for any site content you may be exposed to that you may find offensive, indecent or objectionable.
The Site Terms and your use of this Website shall be governed by and construed in accordance with the laws of the State of California, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
You agree that you shall indemnify and defend and hold Tiniciti Preschool and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this Tiniciti Preschool, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.
SECURITY AND PRIVACY
To order products from Tiniciti Preschool it will be necessary for you to provide certain personal data or other information to this Website via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for Tiniciti Preschool to guarantee absolute confidentiality or security. The information Tiniciti Preschool collects and how that information is used is to the subject to 4 Over’s Privacy Statement.
Tiniciti Preschool may suspend or terminate your account and or your right to utilize the services made available through this Website in the event that it determines or has reasonable grounds to suspect that you are in violation of the Site Terms.
Notwithstanding any of these Site Terms that may suggest otherwise, Tiniciti Preschool reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Site Terms shall still apply.
REFERRAL TERMS & CONDITIONS
Effective May 17, 2016 the Tiniciti Preschool Customer Referral Program (the “Referral Program”) has been discontinued. Tiniciti Preschool will continue to honor the Terms and Conditions for all existing customers that have previously registered in the Referral Program.
Terms & Conditions Changes. Tiniciti Preschool reserves the right, in its sole discretion, to change these Terms and Conditions rules, benefits, regulations, and point award levels, at any time and without notice. Changes to these Terms and Conditions will be posted on this website. It is your responsibility and you are encouraged to check in regularly to see if there have been any updates. Tiniciti Preschool assumes no responsibility or obligation to provide prior, contemporaneous or subsequent notice of changes in these Terms and Conditions. In the event Tiniciti Preschool does elect to provide notice of any particular change to these Terms and Conditions, it does not assume any responsibility or obligation to provide notice of any other or further changes to these Terms and Conditions, of any kind or nature, and/or or at any time.
NAME AND ADDRESS CHANGES
You are responsible for updating and advising Tiniciti Preschool of any change of name, e‐mail, phone number and/or postal address on your applicable Tiniciti Preschool account. Without undertaking any obligation to do so, Tiniciti Preschool reserves the right to update the address for any member’s account using the National Change of Address (NCOA) data filed by relocating postal customers.
You may update your account contact information by logging on to your account via www.tinicitishop.com.
Supporting legal documentation may be required for any name change requests. Tiniciti Preschool shall have no liability for any, errors, losses or damages of any kind or nature, resulting from your failure to update your account information.