Effective as of January 1, 2015.
This Site Usage Agreement describes terms and conditions that govern your use of the Pressera.com application that enables individuals and software applications (usually commercial websites) to interface with the Pressera Service (the “API and Integrations”).
Pressera is a print on demand company that operates with businesses that outsource the printing and delivery process. Pressera manufactures the print on the product and drop ships it directly to the third parties (user clients).
Pressera provides all around services for the second parties that are in need of manufacturing and drop shipping. These are the services that are included in the final product size:
1. Product Creation. Pressera allows you to import your designs into your account Content Library. Those designs you use for product creation. The items that are created through Product Creation platform can be easily exported though API and Integration apps into your website.
2. Manufacturing. Through our API and Integration links we get the orders then your clients finalizes the transaction. The orders got are instantly sent to our manufacturing service and are usually done within 1 business day.
3. Labeling. We have the abilities to create ant put on your trade mark on the products selected. However, this service is offered for additional costs.
4. Shipping to third parties. Once the products are manufactured, the orders are sent within selected shipping option to your client physical shipping address.
Modification of the Rules
Pressera reserves the right, at its sole discretion, to change or amend this Agreement at any time. You (the “User”) will be immediately notified either through user interface or an email notification if we do change or amend the Agreement. Your use of the services is strictly dependent on the up-to-date modifications of the rules. This means that you are always fully aware of the latest rules modification release. If you do not agree to any change or amendment to this Services Agreement, you must stop using the Integration and Product Creation features. Otherwise you are forced to be aware of the new rules. Once you become a member of the Pressera you fully understand that new releases of the Agreement may affect your site Integration and you may have to change the Integration application, update it or change at some point.
Registration and Membership
You are not holding member rights and obligations until you register at Pressera.com website. Membership requires that the User registers and provides full personal information on the Site. The membership can be cancelled at any time since the User registers to the Site. Every User creates his own unique login and password for the personal usage. It is highly forbidden to use another person account until you have some kind of permission to use it. It is related to the fact that the account owner will be responsible for the activity that occurs on user’s account. Pressera is not liable for the user losses caused by any unauthorized use of its account. Every user has to make sure its account is safe and not publicly available to use by unauthorized subjects. The membership may be suspended, canceled or changed by the Pressera team at the situation when user does not meet the Terms of Service rules. Pressera also holds the right to limit, restrict or access some parts of the Services without the notice.
Responsibility for the Content And Copyright
You are responsible for your use of the Site, for any Content you provide, and for any consequences thereof. Any photograph, image, information, idea or other content you post to the Pressera through use of the Services including your photo gallery and images uploaded for the creation of custom products (“Products”) to be supplied Pressera to the customer, will be collectively referred as "Content". Content that complies with the Terms may be used to create Products. Posting of Content not owned by you or which you have no permission to submit will be considered a violation of the Terms. You specifically represent that any Content is:
(i) your original work, or it is properly licensed, and does not violate the copyright or any other personal or property right of any third party;
(ii) you have obtained any and all releases and permissions necessary for submitting the Content. You retain your rights to any Content you submit, post or display on or through the Services.
You may not use the Pressera Services in connection with any Content or connection with any activity, that is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, national, racial, gender, professional, sexual orientation, disability; profane or pornographic, promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; defames, misrepresents, or contains disparaging remarks about other people or companies; infringes on the rights of any third party; or violates any law.
The Services are intended for personal use only. You may not use photos of celebrities or other famous persons. If you create Products or any Content using the Services, you represent and warrant that:
(i) you have received all necessary releases and permissions to use, modify and reproduce any photos or materials used to create the Products or that you have personally taken the photos;
(ii) your Creation does not violate, and its use will not violate, the rights of any third party. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be legally responsible for the violating the copyright rules of the legal subjects mentioned above.
We may contact you or any third parties to verify the information you provide to us, the rights you have secured with respect to the Products, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. We may also send you information and notices regarding your Products by email, telephone or other means based on the information you provide to us.
Confidential information includes all the non-public information provided by Pressera to you and otherwise. By this agreement you state that you will not disclose any Confidential Information to any third party and shall not use Confidential Information for any other purposes that are not stated in this legal agreement. Both parties acknowledge that they are aware of disclosing Confidential Information. This can lead to both monetary fine and even a court of competent jurisdiction.
Pressera has integrated two different ways to pay for the services fulfilled. Firstly, you have the ability to create a subscription through the Paypal or Skrill payment systems that allows your account to be charged automatically for all the shipments and charges. Your Skrill or Paypal account will be charged once Pressera internal system gets an order through API integration with your site or once you created the product manually. The second option to pay for the Services provided is to add money to your account wallet. Your wallet will be supplemented with Paypal, Skrill or your Credit Card. If you choose this option, you will be able to use Pressera Services until you have money in your wallet. Whatever the payment method you choose you will be automatically charged for the complete order submitted to Pressera internal system (through API or manually submitted). Unless otherwise stated the basic currency is set to U.S. dollars. The user is responsible for paying all fees, payments and applicable taxes that are associated with out Services Agreement. Discounts are eligible to use only to Users over certain threshold of monthly revenue in the preceding calendar month. The discount tiers are listed on our Site and are subject to change over the period of time. The discount rates can be changed, cancelled or suspended at any time. By placing an Order you confirm that you are responsible for the item image content. Moreover, the source of the payment should be either your personal or if its not make sure you have the legal owner permission to use its payment source. Pressera may refuse to process a transaction for any reason or refuse to service anyone at its sole discretion. The company is not liable for the member or any third party because of suspending or refusing after the payment was done. The user is responsible for paying all the costs after Pressera receives an order. All the prices are stated in United States Dollars. Transaction for the order must be paid in full before the dispatch of your products. All the discounts are available to use on the following month. The user has to order products for $5,000 or over in order to be able to use the discount benefits. The users that have orders for the sum over the $5,000 have the right to contact Pressera support team to negotiate the base price for the products.
The product prices that are shown on the Pressera website are final and includes all the taxes in it. Pressera pays all the taxes that are related to the manufacturing and shipping expenses. You (the owner of the website or individual user) are responsible for all the income got for the activities that has the direct connection with the Pressera print on demand services. As long as you intend to resell the products that you get from Pressera, you are responsible for all sales taxes. All the tax rates are dependent on the location of your residence. You have to be fully aware that you are responsible to pay taxes for your local authorities for the income got from the activities related to the sales of the Pressera products.
Pressera is only responsible to refund money for the missing, broken items or size, design or print errors if it is Pressera fault. In this case the final customer of the item should return the product to the Pressera manufacturing warehouse where the item would be reviewed and changed to new product. All the products that are returned because of the customer’s cancelation, not for the print error, have to be sent to Pressera’s member physical address. Please note, that Pressera is not responsible for the quality goods that are returned due to various other reasons, not the printing error. In case there customer is not happy about the overall view, comfort or any other reasons except size, print or design error, Pressera do not pre hold any responsibility to refund money for the customer. Our Site user makes sure that the final customer is aware of the product’s quality, item size and print size. If the user does not provide full details about the selling products he is responsible for the misleading information given. Pressera does not have any full access to the customers and cannot make sure the customer is fully informed about the products general condition. In this case Pressera pays a lot of attention to the product introduction, comprehensive description and reliable support to any regarding information related to the item.
We are able to deliver the products to most countries of the world. Delivery price depends on the delivery location and quantity and sort of products. There may be some exceptions that are additionally charged in cases there the reach of delivery destination is difficult to access and require special attention. Standard delivery costs are shown on our checkout page. You can also check the delivery prices on the Menu Tab called “Shipping Rates”. All the information asked on the checkout page must be filled in precisely and accurately. Members of the Pressera Services are fully responsible for the accurate information of the final customers address, phone number and e-mail address to ensure successful delivery of products. The errors in the address line can cause the missed delivery that under this Agreement is not the Pressera fault.
Description and Authentication of the Products
Pressera is committed to fulfill the products quality requirements that are stated in the “Products” section. The liability to guarantee the exact size, color and quality is guaranteed by this Agreement. If the user is not content about the products specifications sent to his final customer full refund is guaranteed to the Member of Pressera Services. We highly recommend of taking the products testing package to evaluate the selling product quality and appearance before you sell it to your customers. We use the best efforts to provide you with the best images and descriptions of the products selling, however we cannot guarantee that colors and details in website are identically the same as represented in the site. Because of this issue Pressera suggest you taking products test package.
Labeling and Trade Marks
The Pressera suggests you to use the trade marks and labels that ownership belongs exclusively to you (Member). If you have want to use your own brand signs on the Pressera products, you should send the statement that indicates your exclusive rights to use, distribute and sell the products under that particular trade mark.
The Agreement indicates that User is fully aware of the rules and is intended not to violate any of the Terms of Services. This legal agreement does not create any of partnership or joint venture relationship. Member of the site guarantees that he has all the required permissions to use the customers personal and payments information. If a dispute arises between you and Pressera you are strongly encouraged firstly to contact us to seek a resolution. Our primary mission is to end up any disputes arisen in a friendly way. If there is no possibility to end up the conflict without a third party participation, then the legal process should begin.
Any conflict arisen between Pressera and one of the customers are welcome to be discussed in private and friendly way. If there are any claims that Pressera has offended its stated rules, the customer has the right to require a compensation for the damage made. All the other situations there one of the conflict sides are not content about the conditions of the agreement, then legal procedures should begin. Pressera is based in Vilnius (Lithuania) and at this case the physical location determines that the court will be held in the manufacturer’s country. Please make sure that before you give the statement to the court, you have properly explained the situation to the Pressera’s support team. Most of the times this would save you time. Pressera respects its clients and values full awareness between two sides.
Representations and Warranties
Each side (Pressera and the Client) after the client signs up has warrants and guarantees to each other that:
both has the right to behave in any way, except that which is opposite to the Terms & Conditions
the obligations that are effective under Pressera Terms and Conditions policy can not be duplicated with any other agreement. This means that then conflict arisen any other legal documents will not be used except Pressera Terms and Conditions and Legal ordinances
Terms and Conditions are legal and valid obligation for both of the parties that entered the legal agreement.
Pressera users by registering to the website represent and warrant that:
you will not use copyright, trademark, patent, trade secret, right of privacy, or any other legal right and will comply with all applicable laws, rules, and regulations
you are the owner or the real user of the protected content. In any other cases, you must be sure that the content used is free to use and has no restrictions, pending claims or any other demands to the content
Pressera will not be required to make any payments for the licensing and royalty fees to any third parties in connection with your used designs, pictures or texts for the created products
client content must not violate anyone’s personal, religion, ethnic or any other freedom to express
user guarantees that his own website clients will not claim any refund from the Pressera company. This situation applies then the size, color, or the appearance of the product is not good enough for the client. If after review the client is not content and he decides to return it, Pressera is not taking the responsibility for the cancelations.
Pressera provides the website, platform for the products creation and print on demand services itself. The company is not liable for your and the third party damages that occur because of incidental, indirect, or any other activities relating to or connected with the use of services, website or product creation platform that can end up in loss.