ishipdocs iBIM Planwell Riotcolor

User Agreement

This is a legal agreement between you and American Reprographics Company, L.L.C. (“ARC”, “LLC”, “we” or “us”); please read it carefully. By using or accessing this website (the “Site”), or by accessing or using any part of the ishipdocs proprietary document transmission services (together with the Site, the “Service”), you agree to be bound by these Terms and Conditions of Service and by the ishipdocs Privacy Policy which are collectively referred to as the “Agreement”. If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by us from time to time in accordance with the next paragraph, will govern your use of the Service.

We may revise these Terms and Conditions of Service and/or the Privacy Policy from time to time, in our sole discretion. Each revision will be marked with a revision date and will be posted on the Site. We recommend that you review this page from time to time to note any changes. By continuing to access or use the Service, you agree to be bound by the Terms and Conditions of Service and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease using the Service.

We may modify, suspend, or discontinue, temporarily or permanently, the Service and may remove or delete any print partner files at any time, in our sole discretion.

 

Description of the Service

The Service provides member Print Service Providers access to a global print partner community established through the Service and provides the capability to transfer files to remote locations. The Service also provides a member Print Service Provider’s customers the capability to transfer the customer´s files to its particular Print Service Provider. Member Print Service Provider’s customers will not have access to the Print Service Provider community established through the Service (which is available only to members).

The Service provides for a mandatory subscription package, which member Print Service Providers must subscribe to upon conclusion of any free introductory promotional or trial period offered to them or during the registration process (if no free introductory promotional or trial period is offered). Following the purchase of a subscription package and establishment of an account with the Service, additional packages or upgrades to different packages can be purchased by member Print Service Providers at any time during the subscription period. The package types are subscription services requiring periodic payments (annually or on a pro-rated basis, depending on the package type). A more detailed description of the Service, and the features associated with different package types, can be found on the pricing page of the Site.

You acknowledge and agree that we may establish revised practices and policies concerning use of the Service, including without limitation the maximum size of files that a member Print Service Provider may transmit through the Service. Files will be stored for up to 10 days following upload date and then deleted. Member Print Service Providers will have unlimited access to the Service during the subscription period. Customer access to the Service will be managed by the member print partner.

The only software needed to access the Service is a standard web browser. However, we may, from time to time, make certain software applications available to member Print Service Providers that offer additional ways to access the Service.

 

Accounts

In order to use the Service and transfer files, you must register as a member, establish an account and purchase a subscription package, either initially or upon conclusion of any free introductory promotional or trial period that may be offered to you. You may register on the sign-up and registration page on the Site. During registration, you agree to provide accurate, current and complete information. Once you have completed the registration process, an ishipdocs representative will contact you to complete the approval and registration process. We reserve the right, in our sole discretion, to refuse to allow any prospective member to register as a member, to establish an account and/or to cancel any existing account.  We may require additional qualifying information prior to approving any member registration and/or account establishment.

You are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify the ishipdocs support team of any unauthorized use of your password. You are responsible for keeping your account information current and accurate; ARC, LLC will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.

 

Payment

Member Print Service Provider accounts are subscription services with recurring credit card charges on a periodic basis. You agree to pay all account charges, and to pay any applicable taxes and other fees that accrue in relation to your use of the Service. For more information about the subscription services and available payment methods, refer to the pricing page on the Site.

 

Responsibility for data

You have sole responsibility for all files and content that you transmit through use of the Service. You acknowledge and agree that ARC, LLC will not be responsible for any content of files or for the corruption of or loss of any data, information or content contained in any files that you transmit through use of the Service.

 

Copyright matters

You will not use the Service to transmit, route, provide connections to or store any material that infringes any copyright or otherwise violates or promotes the violation of the intellectual property rights of any third party. We reserve the right to terminate the account(s) of any member print partner that infringe(s) or that we believe infringe(s) the intellectual property rights of third parties or ARC, LLC. ARC, LLC reserves the right, in its sole discretion, at any time, to delete files that it believes to be in violation of this Agreement and to terminate the use of the Service by any members that it believes are in violation of this Agreement.

 

Proprietary rights

All right, title, and interest in and to the Service is and will remain the exclusive property of ARC, LLC or its licensors, if applicable. The Service is protected by applicable copyright, trademark, and other laws. Except as expressly permitted in this Agreement, you may not reproduce, modify, reverse engineer or prepare derivative works based upon, distribute, sell, transfer or transmit the Service.

 

Ownership of files

ARC, LLC does not claim any ownership rights in any files that are made available through the Service. However, by making files available through the Service, you grant ARC, LLC the non-exclusive, worldwide, transferable right, on a royalty-free basis (with a right to sublicense this right only to third parties assisting ARC, LLC in providing the Service) to use, copy, distribute and process member print partner files on the Site and through the Service on your behalf and on behalf of your print partner customers solely for the purposes of ensuring secure transfer and delivery of such print partner files.

 

Trademarks

The ishipdocs logo, and all other ishipdocs trademarks, service marks, product names and trade names of ishipdocs appearing on the Service are owned by ARC, LLC. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name or logo appearing on the Service without the owner’s prior written consent.

 

Third party functionality

Certain features and functionality of the Service may be implemented through use of software or technology that is licensed to us by third parties, and incorporated in the Service from time to time.

 

General prohibitions

As a condition to your use of the Service, you agree not to:

  • Upload or transmit any File: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any files that would violate any confidentiality or fiduciary obligations that you might have with respect to such files); (ii) for which you do not have the consent or permission of each identifiable person in the files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret or other intellectual property right, moral rights or rights of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm to any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or that would give rise to civil liability;
  • Access, tamper with, or use any non-public areas of the Service or our computer systems or the technical delivery systems of our third party providers, if any;
  • Attempt to probe, scan or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
  • Harm or threaten to harm other member Print Service Providers or member Print Service Provider customers in any way or interfere with, or attempt to interfere with, the access of any member Print Service Provider or member Print Service Provider's customer, including without limitation by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
  • Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Attempt to distribute files to parties other than in accordance with instructions by a member Print Service Provider or member Print Service Provider's customer, as the case may be.

 

ARC, LLC will reserves the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. ARC, LLC may involve and cooperate with law enforcement authorities in prosecuting members who violate the terms of this Agreement. You acknowledge that, although ARC, LLC has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with the terms of this Agreement, or to comply with applicable law or any order or requirement of a court, administrative agency, or other governmental body. ARC, LLC reserves the right at all times to disclose, in its sole discretion, any files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what ARC, LLC considers to be, in its sole discretion, a serious or imminent threat to the health or safety of members or third parties.

 

Links

The Service may, from time to time, contain links to third-party websites. You acknowledge and agree that ARC, LLC is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to any such websites do not imply any endorsement by ARC, LLC of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party websites.

 

Scheduled maintenance

We perform system maintenance of the Service on a regular basis. We use commercially reasonable efforts to ensure that the Service is available for use during this time. We will use reasonable efforts to perform all maintenance during pre-scheduled maintenance windows. Currently, the maintenance window is between 8.00 p.m. Saturday and 2.00 a.m. Sunday, U.S. Pacific Standard Time. We reserve the right to conduct additional maintenance of the Service, as needed in our sole discretion, without prior notification or announcement.

 

Termination

You may terminate your account and your access to the Service by providing 30 days’ prior written notice to the ishipdocs support team and receive a refund of any fees paid by you, prorated based on the amount of time remaining in the then-current subscription period. If you do not provide 30 day's prior written notice, you will be required to renew your account for an additional term and you will be charged fees for the renewed term. If you decide not to renew your account, your access privileges to the Service will be terminated automatically upon the expiration of the subscription term.

We reserve the right to discontinue the Service or to change the Service at any time and without notice. In the event of such discontinuation by us, you will receive a refund of any fees paid by you, prorated to the amount of time remaining in the then-current subscription period.

If you breach this Agreement, we will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. In the event of your breach of this Agreement, we will not be required to refund any fees paid by you.

Upon termination of your account, access to your account will be deactivated and you will no longer have access to the Service.

 

Disclaimer of warranties

THE SERVICE IS PROVIDED “AS-IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARC, LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

ARC, LLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, AND/OR ERROR-FREE BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ARC, LLC AND ITS AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULTS FROM USE OF THE SERVICE.

 

Additional disclaimers

As a condition to your use of the Service, you acknowledge and agree as follows:

  • You may be exposed to content from other members that may be harmful, offensive, indecent or objectionable. You acknowledge and agree that ARC, LLC is not responsible, and bears no liability for, any content disseminated by members through the Service, including without limitation the accuracy of such content. ARC, LLC has no obligation to monitor any content disseminated by members but reserves the right to remove any content disseminated through the Service and to terminate any member’s service account and access to the Service in its sole discretion.
  • ARC, LLC is not responsible for any aspect of print jobs sent to remote locations through the Service, including without limitation pricing, quality, timeliness of production and/or physical delivery of such print jobs.

 

Indemnity

You will defend, indemnify, and hold harmless ARC, LLC, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that files submitted to, or transmitted through, the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights or moral rights of a third party.

 

Limitation of liability

In no event will ARC, LLC be liable to any member, member customer or any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any member files sent through the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not ARC, LLC has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.

In no event will ARC, LLC’s aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the Service exceed the lesser of (a) one hundred U.S. dollars ($100) and (b) the fees paid to ARC, LLC by you in the twelve (12) months leading up to the event giving rise to such a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ARC, LLC and you.

 

Controlling law and jurisdiction

This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in San Francisco County, California and you waive any objection to jurisdiction and venue in such courts.

 

Entire agreement

This Agreement is the entire and exclusive agreement between ARC, LLC and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between ARC, LLC and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ARC, LLC services, affiliate services or third-party content software or services.

 

General

You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. ARC, LLC may freely assign these Terms and Conditions of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and ARC, LLC. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. ARC, LLC may provide you with notices, including those regarding changes to the Service by email or by postings on the Site. The failure of ARC, LLC to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions contained in this Agreement are for convenience only and are not to be used in the interpretation of this Agreement.

If you have any questions about this Agreement or the Service, please contact the ishipdocs support team at support@ishipdocs.com.


Last updated: January, 2010