Terms Of Service
Terms of Service
(Effective September 18, 2019; Last Modified September 18, 2019)
Please read these binding legal terms carefully before using this website
These Terms of Service (“Terms”) govern and apply in full force and effect to your use of the www.printgenie.com website, including all pages within this website (collectively referred to as “Site”) and by accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials, or contents, or purchasing any products or services from Print Genie Pod LLC (“Print Genie”), you expressly agree to each and all terms, conditions, and notices on this Site without modification. This document is a legally binding contract between Print Genie and you, the User (as defined below), for the use of the applications, software, products and services provided by Print Genie (collectively, the “Service”). Certain terms, including but not limited to the arbitration clause and class action waiver clause, may restrict your rights to bring a claim in a court of law.
Print Genie may make changes to these Terms at any time. Any changes Print Genie makes will be effective immediately when Print Genie posts a revised version of these Terms on the Site. The "Last Modified" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.It is your responsibility to check this page periodically for changes in the Terms. Any new features or tools which are added to the Site shall also be subject to the then current Terms.
“Content” refers to content featured or displayed through the Site, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Site or otherwise available through the Service.
“Sales Channels” or “Stores” refer to the other websites and platforms that you use to sell your products, including but not limited to Shopify, Woocommerce, Ebay, or Etsy.
“Us” and “we” refers to Print Genie, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
“User,” “you,” “your” refers to the individual person, company, or organization that has visited or is using the Site or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
Agreement for Use
You warrant that you possess the legal authority to enter into this Agreement and to use this Site in accordance with all Terms herein. You must be at least 18 years or older to register as a user on this Site. You agree to be financially responsible for all of your use of this Site as well as for use of your account by others, including without limitation minors. You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate. You agree that the products and services offered by Print Genie through the Site shall be used only to make legitimate purchases for you or for another person or entity for whom you are legally authorized to act.
For any purchases or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
Functionality is not guaranteed with all types of mobile devices in using this Site. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
Product and Service Purchases
Scope of Print Genie’s Services. Print Genie is an online marketplace for print on demand dropshipping. We partner with various providers to offer you products that you can customize with your Content and sell to your customers. We also maintain and create integrations with different Sales Channels so that your products can be easily published to your Stores. When your products are purchased by customers through a Sales Channel, we are notified and we start working with Providers who will print and deliver your products to the customers.
Limitations and Restrictions of Service.Print Genie reserves the right to refuse service to anyone for any reason at any time. Print Genie reserves the right to refuse any order you place with Print Genie through this Site. Print Genie may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Print Genie reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. Print Genie may exercise this right on a case-by-case basis. Print Genie reserves the right to limit the quantities of any products or services it offers. In the event that Print Genie makes a change to or cancels an order, Print Genie may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.We may reject your registration or cancel an existing registration for any reason at our sole discretion. Any harassment or insult towards Print Genie may result in immediate account termination. You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify Print Genie if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your Print Genie account. You are solely responsible for any and all activities performed through your Print Genie account.
Prices and Product Availability. All descriptions of products or product and service pricing are subject to change at anytime without notice, at the sole discretion of Print Genie. Print Genie reserves the right to modify or discontinue any product or service at any time without notice. Print Genie shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of services or products. All products and services are subject to return or exchange only according to Print Genie’s Return and Refund Policy.Any offer for any product or service made on this Site is void where prohibited.
Payment. To order samples of your products or to fulfill any customer orders, you must pay for the order in advance. The price you pay will be the price of the product plus shipping and taxes (if applicable). These prices can be found in the Print Genie catalog and on our Shipping Rates page. Orders will not be processed until payment has been received by Print Genie. Print Genie cannot pull funds that you may have available in any Sales Channel. In order to process payments on Print Genie, you need to either have a Credit or Debit card on file or connect Print Genie to your PayPal account. By default, Print Genie will charge funds for orders from an existing Print Genie balance first, and if there is a remaining balance due then Print Genie will charge any saved Credit or Debit cards. Print Genie charges users when orders are sent to production. Users have the option to use Print Genie’s Wallet function on the Site where users can deposit money via stripe or PayPal and it will be used as credit towards their product orders on the Site. Users can also withdraw their Wallet funds and Print Genie will refund the withdrawn amount to the original payment method. Print Genie may also issue a coupon. A coupon is virtual money that can be used for paying for manual and sample orders. You may use a coupon only for a single order. Multiple coupons cannot be combined. Each coupon’s value is divided according to the total line items in the order. It cannot be converted to cash or withdrawn.If you have an issue with your order, contact Print Genie before disputing your claim with your credit card company. If you have filed a dispute with your credit card company, we will not be able to issue you a refund as well, and we cannot make any refunds or replacements until the dispute is resolved or cancelled. If there are order issues and after an investigation Print Genie offers you a refund, this will be provided in the form of a Print Genie credit and will appear in your Print Genie balance. Once a user withdraws funds from Print Genie balance it will be sent to the same payment source where it initially came from, whether it is a credit/debit card or a PayPal account. If a top-up is made via PayPal, withdrawal can only be made to the same PayPal account. In case the initial payment was made with a card, the Print Genie balance withdrawal will take place in the form of a credit/debit card full or partial refund. Users are responsible for paying any necessary sales tax on their transactions. Because of the nature of dropshipping businesses, taxes differ depending on who produces or sells the product, and where it is delivered. Print Genie recommends that you consult with an outside tax accountant.
User Content. Print Genie allows you to upload and post Content to our Site. Anything that you put on your ordered products remains your Content. You retain all rights in, other than the rights expressly granted to Print Genie pursuant to these Terms and any that you may grant to your customers, and you are solely responsible for your Content. You can only post and upload Content that is either yours, or for which you have written authorization from the Content owner. You represent and warrant that any Content you post is owned by you or that you have authorization from the Content owner to post it. By using the Print Genie Service, you grant Print Genie a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute your Content solely for the purpose of operating, developing, and promoting the Print Genie Service. As a condition of use of the Service, you agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.
Return and Refund Policy.Once a registered user has placed an order on this Site, the user can only cancel the order until Print Genie starts processing the order, since each product/design is made to order specifically for the user. Once Print Genie starts processing and fulfilling a user’s product order (i.e., once Print Genie starts printing the user’s custom design), the user cannot cancel the order. The user can see the status of the order by logging in the user dashboard on this Site. If Print Genie does not fulfill a user’s product order correctly (i.e. the ordered product comes out wrong, the wrong item/product, size, color is shipped), the user has the choice to either get a refund or for Print Genie to rectify the mistake by shipping a new order with the shipment costs being paid by Print Genie. No other returns and refunds are allowed. If the shipment details are incorrect, or the user or the user’s customers ordered the wrong size or color, Print Genie is not responsible and will not offer replacements or refunds. The user is responsible for relaying the correct information from the user’s customers.
User Information. You agree to provide current, complete and accurate purchase and account information for all purchases and orders made through this Site. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Image Display.Print Genie has made every effort to display as accurately as possible the colors and images of its products on the Site. Print Genie cannot guarantee that your computer monitor's display of any color will be accurate.
No Warranties and Guarantees.Print Genie does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time Print Genie may remove its services for indefinite periods of time or cancel the services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The service and all products and services delivered to you through the Site are (except as expressly stated by us) provided as is and as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.Print Genie has no control over and does not guarantee the final quality of your product and does not make any promises that your product will look like your mockup. Print Genie’s print providers differ in their printing technology, product offerings, and operations. Print Genie is not responsible for the quality and outcome of produced orders. The quality of the production is dependent on the selected print provider.Users are expected to do their own due diligence in selecting the most suitable provider for creating the users’ products. If the produced order does not meet user or customer expectations, users must first contact Print Genie within 30 days of product delivery and will not contact the print providers. In order to best resolve the matter, the user should provide all relevant materials for Print Genie to investigate the issue, including a description of the produced order, the issue, and quantity of products affected. The production times listed on the Site are estimated average times and are in no way guaranteed. If your order seems to be taking an unusually long time to be produced or delivered, please contact Print Genie’s support team.
Shipment.If the produced order is lost during shipment, Print Genie will investigate and may provide replacements when appropriate.Print Genie does not give refunds or replacements for orders that have been shipped without tracking until they are verified to be lost. If an order is returned to Print Genie due to an incorrect address, the user will be contacted by Print Genie to arrange a reshipment. The user will be liable for the reshipment costs once an updated address is provided and confirmed. Otherwise, packages will be donated after two weeks if Print Genie is not provided with a valid address for the reshipment. Reshipment costs include the original shipping cost of the product and a service fee of $4.00. If an order has not been delivered in 30 calendar days, users must contact Print Genie within seven calendar days in order to be eligible for a reprint/refund.
Errors, Inaccuracies and Omissions. Occasionally there may be information on this Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Print Genie reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Print Genie undertakes no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law.
Delivery Methods.Different combinations of delivery methods may be offered. Please carefully review the list of delivery methods offered during the purchase process.
You may not interfere with the content or functioning of this Site.You are expressly restricted and prohibited from all of the following:
Copy, display, modify, reproduce, or otherwise transfer any of the Site materials to any third party
Interfere or disrupt networks connected to the Site
Use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Site, documentation or data related to the Services
Transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed
Deliver any communication to or through the Site which violates any local, state, federal or international law
Deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material
Deliver any communication to or through the Site that will infringe upon the rights of any third party;
Publishing any Site material in any media;
Selling, sublicensing, and/or otherwise commercializing any Site material;
Publicly performing and/or showing any Site material;
Using this Site in any way that is, or may be, damaging to this Site;
Using this Site in any way that impacts user access to this Site;
Using this Site contrary to applicable laws and regulations, or in any way that causes, or may cause, harm to the Site, or to any person or business entity;
Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
Using this Site to engage in any advertising or marketing.
Print Geniemay restrict access by you to any areas of this Site, at any time, in our sole and absolute discretion.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Print Genie may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. Print Genie is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Print Genie may, but has no obligation to, monitor, edit or remove content that Print Genie determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of theSite. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Print Genie or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Print Genie takes no responsibility and assumes no liability for any Comments posted by you or any third-party.
Ownership of Materials and Intellectual Property Rights
This Site and the materials contained therein reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights and intellectual property of Print Genie and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Print Genie and/or other parties is granted to or conferred upon you. You are granted a limited, non-transferable, revocable license only, subject to the restrictions in these Terms, for purposes of viewing the materials contained on this Site for your personal use only.
All Contents of this Site are protected by United States and international copyright laws. No materials on this Site may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not use the materials on this Site for anything other than informational purposes. The use of any materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Print Genie trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing Print Genie’s name, trademarks or other proprietary information. Trademarks owned by Print Genie may not be used or displayed publicly without the prior written permission of the owner of the marks. Any rights not expressly granted herein are reserved.
Print Genie prohibits the use of our Service to sell counterfeit goods. A user printing and selling counterfeit goods through our Service may be held liable for selling counterfeit products if such user has reason to know or knows that the products are counterfeit.
If you received a trademark complaint notification from us, you can contest it by emailing firstname.lastname@example.org letting us know why you think the complaint is invalid. If you want us to forward the information from the trademark complaint notification, let us know and we will be glad to send it along although we may remove personal information.
If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact us and provide the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right of copyright that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party (for example, the complaining party’s physical address, email address, and telephone number);
A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to Copyright Officer at email@example.com.
If you received a notification that your Content has been removed as a result of a copyright complaint, it means another user reported that they own the rights to the Content, and requested that we remove Your Content. If you want us to forward the information from the copyright complaint notification, email us at firstname.lastname@example.org let us know. Please note that we may remove some personal contact information from the original complaint. If your Content is the subject of repeated copyright complaints, we may disable your account altogether. If you think we made a mistake by removing your Content, you can file a counter-notice with us, by following the directions and requirements below. When we get a counter-notice that includes all of the information required, we will remove the complaint from your account’s record.
Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure you have a good faith belief that we removed your Content in error, and that you understand the repercussions of submitting a false claim. If Print Genie is the subject of a legal cause of action on account of your false claim, you will be added to the claim and Print Genie will not be liable for such false claim. In addition, Print Genie may at its sole discretion delete your account and refuse future service, which includes cancelling any orders that are active at the time, with no refund to you.
To submit your counter-notice, email us at email@example.com include all of the following information:
• Your name, address and phone number.
• The web address of the Content we removed (copy and paste the link from the notification email).
• A statement under penalty of perjury that you have a good faith belief that your Content was removed in error.
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any judicial district in which Print Genie may be found, and that you agree to accept service of process from the entity who provided the original complaint.
• A physical or electronic signature (for example, by typing your full name).
• Any additional information you have showing that you own or are otherwise entitled to use the Content at issue.
Disclaimer and No Warranties
This Site is provided “as is,” and Print Genie makes no express or implied representations or warranties of any kind related to this Site or the materials contained on this Site. While Print Genie tries to maintain current information, Print Genie does not guarantee the currency, accuracy or completeness of the information. Print Geniedenies responsibility or liability for damages which may result from your access to or use of information on this Site.
While some links on this Site may lead you to other sites, Print Genie doesnot endorse those sites or approve their content. Print Geniedoes not have control over those sites, is not responsible for their content, and does not verify or warrant the information on them. Print Genie provides such links solely as a convenience to you and for informational purposes only.If you go to such third-party sites, you assume any risk of doing so and you will be subject to the terms, conditions of use and privacy policies of the third-party sites. Other websites may include links to this Site. The inclusion of such links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from this Site.
Limitation of Liability
in no event shall print genie, nor any of its officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you for anything arising out of or in any way connected with your use of this site, including your product orders made through this site, whether such liability is under contract, tort or otherwise, and print genie, including its officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors, shall not be liable for any direct, indirect, incidental, punitive, consequential or special damages of any kind, including but not limited to loss of profits or data, lost revenue, lost savings, replacement costs, or any other damages in the aggregate exceeding the amount of the fees paid and payable by you to print geniearising out of or in any way related to your use of this site and the service.Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Print Genie’s liability shall be limited to the maximum extent permitted by law.
Print Genie will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify Print Genie about unauthorized use of your account or breach of your account information or password. Print Genie expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein.
You may terminate your account and participation as a registered user at any time by completing the following steps:
1) sign into your Print Genie account on the Site;
2) go to “User Dashboard”;
3) Click on “Settings”; and
4) select “Delete Account” and follow the instructions. Before proceeding with deleting your account, make sure that you have disconnected your store from the respective Sales Channels and removed your registered credit card. Deleting your account is irreversible and you will not be able to access the data afterwards. Nonetheless, you will still be responsible for any and all pending orders and charges.
You agree to indemnify Print Genie to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way related to your use of this Site or your breach of any of the provisions of these Terms.
Arbitration and Class Action Waiver
If a dispute arises from or relates to these Terms, you agree to first contact Print Genie to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that, except with respect to any claim or dispute involving the ownership, validity or use of any of ourtrademarks or service marks, any unresolved dispute arising out of or related to these Terms or to the products and services sold or distributed through this Site, will be submitted for arbitration to the AAA. Print Genie shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in San Jose, Californiaand in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and Print Geniewaive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding. You and Print Genie waive any right to a jury trial for such disputes.
In reaching a decision, the arbitrator shall follow these Terms, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in the arbitration award any relief the arbitrator deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Any and all claims and actions arising out of or relating to these Terms shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
You agree that you will not file a class action against Print Genie, or participate in a class action against Print Genie. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against Print Genie.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Revision of Terms
Print Genieexpressly reserves the right to revise these Terms at any time as it sees fit and, by using this Site, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Site.
Print Genie is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without notification or consent required. You, however, are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement and No Waiver
The failure of Print Genie to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Governing Law and Jurisdiction
These Terms will be governed by, construed and enforced in accordance with the laws of the State of Californiawithout regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms may be filed only in the state or federal courts located in theState of California, County of Santa Clara.
Questions about these Terms should be sent to us at firstname.lastname@example.org.