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Terms and Conditions for Printspandex

Print Order Agreement


This Agreement is between SPORTEK INTERNATIONAL, INC. DBA www.PrintSpandex.com (collectively “Sportek”) and the Ordering Party (“you”) for ordering the print of the Design attached hereto as Exhibit A.
You shall be solely responsible for providing the Design and the consequences of submitting your order for printing the Design under this Agreement. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to print or have the Design printed by Sportek or any other party. You authorize Sportek to retain a copy of the Design for its records. You retain all of your ownership rights in the Design but agree to and do hereby grant to Sportek a non-exclusive, royalty-free, sublicenseable right to print or have the Design printed on media of your choice per this order.
You further agree that the Design does not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use the material and to grant Sportek all of the license rights mentioned above. Sportek does not permit copyright infringing activities and infringement of intellectual property rights and expressly disclaims any and all liability in connection with the use or printing of the Design. Sportek reserves the right to cancel any, order subject to a right of redemption for its costs from you, if Sportek determines or is notified that the Design infringes on another's intellectual property rights.
In any event, including Sportek canceling an order or your dissatisfaction, Sportek’s liability shall be limited at a maximum to any monies received from you for this order. IN NO EVENT SHALL SPORTEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER.
Further, you agree to defend, indemnify and hold harmless Sportek, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) violation of any third party rights, including without limitation any copyright, property, or privacy right; or (ii) any claim that the printing of the Design caused damage to a third party. This defense and indemnification obligation will survive the termination of this Agreement.
YOU AND SPORTEK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The terms of this Agreement shall be interpreted and construed according to California law. The venue and jurisdiction for bringing any cause of action shall be limited to a court of law in Los Angeles California.

The undersigned has fully read and agrees to the terms of this Agreement.


Ordering Party’s Authorized Representative:


Address:
City:                                     State:                                  Zip:
Name:                                                                Position:
Signature:                                                          Date:


Please Fax to 213-239-6712 or Scan and email to info@sportek.com