Harland Clarke Corp. (“Harland Clarke”) on behalf of its subsidiaries, affiliates, officers, agents, co–branders, print vendors, business partners, employees and successors provides its service to you as MKConnections, subject to these Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. By accessing any page on this site, you agree to be bound by these Term of Service. In addition, when using particular MKConnections services, you may be subject to additional posted guidelines or rules applicable to our partners or affiliates, or specific to such services which may be posted on our site or on the sites of our partners or affiliates, from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS.
Harland Clarke through MKConnections provides users with access to a large collection of online design and printing resources (collectively, the “Service”). Any new features that augment or enhance the current Service, including the release of new MKConnections features, shall be subject to these TOS. You understand and agree that the Service is provided “AS–IS” and that Harland Clarke assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Harland Clarke of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Under no circumstances will Harland Clarke be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, photographs, graphics, message or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Harland Clarke, are entirely responsible for all Content that you send, upload, post or otherwise transmit via the Service. You agree to comply with all applicable laws, rules and policies regarding online conduct and acceptable Content.
You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains:
You understand that you control the privacy of any Content you elect to post by granting access under your personal password. When you, or someone to whom you have given access, orders an imprinted item using your password, you grant Harland Clarke the world–wide, royalty free and non–exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the Content on the Service and on the imprinted product for the purposes of storing designs or processing print orders. This license exists only for the length of time necessary for MKConnections to complete your order or until you delete the Content from the Service.
You acknowledge that Harland Clarke does not pre–screen Content, but that Harland Clarke and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the TOS or may otherwise be objectionable. Harland Clarke reserves the right to refuse any order for any or no reason, including failure to comply with the TOS. You further acknowledge and agree that Harland Clarke may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You agree to indemnify and hold Harland Clarke and its subsidiaries, affiliates, officers, agents, co–branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of the rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge that Harland Clarke may establish general practices and limits concerning your use of the Service, including without limitation, the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on Harland Clarke’s servers for Customer use. You agree that Harland Clarke has no responsibility or liability for the deletion or preservation of any Content maintained or transmitted to the Service. You acknowledge that Harland Clarke reserves the right to delete Content stored on the Service. You further acknowledge that Harland Clarke reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.
Harland Clarke reserves the right to modify or discontinue, whether temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that Harland Clarke, in its sole discretion, may terminate your password, account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if Harland Clarke believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Harland Clarke may also in its sole discretion, and at any time, refuse to print an order or discontinue providing the Service, or any part thereof, with or without notice to you. You agree that AmericanBankChecks.com shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of an order or the Service.
Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Harland Clarke shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
From time to time, you may find, links to third party websites from the Service. Your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. Harland Clarke does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these third party websites. You further acknowledge and agree that Harland Clarke shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HARLAND CLARKE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HARLAND CLARKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
MKConnections is a trademark of Harland Clarke Holdings. You shall not display or use in any manner the MKConnections trademark or other intellectual property without Harland Clarke’s prior written permission. All other brand and product names found on the MKConnections site are considered trademarks or registered trademarks of their respective owners.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the MKConnections Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos.
The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are specifically licensed to you by the copyright holder. If requested, you agree to provide proof of your right to use any trademarks, service marks, logos, copyrighted material or other intellectual property in the Content.
Harland Clarke respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Harland Clarke General Counsel the following information:
Harland Clarke General Counsel can be reached by mail as follows:
Harland Clarke Corp.
Attn: General Counsel, Legal Department
15955 La Cantera Parkway
San Antonio, TX 78256
The TOS constitute the entire agreement between you and Harland Clarke and govern your use of the Service, superseding any prior agreements between you and Harland Clarke. You also may be subject to additional terms and conditions that may apply when you use affiliate services, or third–party content. These TOS and the relationship between you and Harland Clarke shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You and Harland Clarke agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bexar County, Texas for any disputes. The failure of Harland Clarke to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the other provisions of these TOS are severable and remain in full force and effect.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Service group by telephone at 1-800-627-9577.
Promotions may be offered from time to time. All promotions are subject to these TOS and may include additional terms, conditions and restrictions listed herein or in other areas of the MKConnections website which describe the promotion.