READ CAREFULLY BEFORE PROCEEDING (Updated: FEBRUARY 7, 2011)
Jukeboxprint.com Terms and Conditions
Welcome to jukeboxprint.com (the “Website”). The Site is operated by Juke Box Print. The products or services provided by JukeBox on the Website or in connection with the Website (the “Services”) are provided to users of the Website (“You” or “you”), individually (or, if you are using the Website on behalf of an organization, the organization), subject to the following terms and conditions (the “Service Terms”). Please read these Service Terms carefully before accessing or using the Services. By clicking a box that indicates you agree to the Service Terms, or by otherwise accessing or using the Services, you agree to be bound by these Terms. If you do not wish to be bound by these Service Terms, please do not access or use the Services. JukeBox reserves the right to change the Website or the Service Terms at any time without any notice to you.
1. Other Terms
Terms additional to these Service Terms may be presented to you as you are using the Services or particular aspects of the Services. You agree to comply with any such additional terms, which are incorporated in these Service Terms by reference.
You may be asked to register with the Website in order to use the Services, and JukeBox will provide you with a username and password for the Website. You are responsible for maintaining the confidentiality of your username and password, and you accept responsibility for all activities incurred under your username and password. You will notify JukeBox immediately of any unauthorized use of your account or any other breach of security at the email address:.
4. Use of the Website
Provided that you continue to comply with these Service Terms, JukeBox grants you a personal, non-assignable, and non-exclusive license to access and use the Website, upload content to the Website (“Your Content”), access content made available by JukeBox on the Website (the “Website Content”), and create and submit orders (each an “Order”) for products and services available on the Website. No other download, retention, use, publication, or distribution of any portion of the Website Content is authorized or permitted. Other than with respect to Your Content, you are not entitled to use any portion of the Website Content, other than on the paper products produced by JukeBox in accordance with your Order (the “Products”).
Except as expressly provided herein, you may not use the Website to engage in any unlawful activity or to infringe JukeBox’s rights. You further agree that you will, and you will not allow your employees or agents, as applicable, to: (a) modify, republish, upload, post, transmit, sell or distribute in any way the Website Content, without the prior written permission of JukeBox; (b) translate, reverse engineer, decompile, disassemble the Website Content; (c) remove any proprietary notices or labels on the Website Content; (d) violate, plagiarize or infringe on the rights of any third party, including copyright, trade-mark, privacy or publicity, contract or other personal or proprietary rights; (e) interfere with the operation of the Website, in any way or interfere with anyone’s use or enjoyment of the Website or use the Website to gain unauthorized access to other computer systems; (f) transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (g) impersonate any person or entity on or through the Website; (h) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable (i) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Website other than as may be expressly permitted in writing by JukeBox or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws. You agree that any copy of the Website or the Website Content which you are permitted to make under the Terms shall retain all copyright and other proprietary notices in the same form and manner as on the original.
5. Your Content
You are solely responsible for Your Content, including, without limitation, in combination with any other images, graphics, text or other materials, including any Website Content, you incorporate into the Products. You agree that you will not include any text, image, design, trade-mark, service mark, or any copyrighted work of any third party in any of your Orders, unless you have obtained the appropriate authorizations from the third party owners. You represent and warrant that Your Content does not infringe upon any rights of any third party, including, without limitation, rights in copyright, trade-mark, and publicity or privacy, and Your Content will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate Your Content into the Products. By placing an Order, you represent and warrant that you have all necessary permission, right and authority to place the Order and you authorize JukeBox to produce the Products on your behalf.
JukeBox does not claim ownership of Your Content. However, by submitting your Content, you grant to JukeBox, its affiliates, and sublicensees a royalty-free, perpetual, irrevocable, transferable, worldwide non-exclusive right to use or incorporate Your Content (in whole or in part) for the purpose of producing the Products. You also represent and warrant that the holder of any rights in Your Content, including any moral rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to these Service Terms, the owner of Your Content retains any and all rights that may exist in such content.
6. JukeBox Intellectual Property
The copyright to the Website, the design and appearance of the Website, and all of the material and the Website Content, other than Your Content, are owned by or licensed to JukeBox. This material is protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of the Website Content, including caching, framing, or similar means, from the Website or reproduction, distribution, use of any templates (except as permitted herein), without permission of JukeBox is expressly prohibited.
“Juke Box Print” and other JukeBox graphics, logos, publication designs, and service names are trade-marks of JukeBox or its affiliates or associates. All other trade-marks not owned by JukeBox or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by JukeBox or its affiliates. The display of any trade-marks on the Website does not imply that a license has been granted to you or any other party for any further use.
(a) Product Proof and No Refunds. By clicking “I accept” on the Website after the proof for the Product (the “Product Proof”) has been provided to you during the Order placement process, you acknowledge and agree that you (i) have verified that spelling and content in the Product Proof are correct; (ii) you are satisfied with the document layout in the Product Proof; (iii) understand that the Jukebox will produce the Product in accordance with its appearance on the Product Proof (subject to the limitations specified herein); and (iv) cannot make any changes to the Order once the Order is placed, irrespective of whether you have actually reviewed the Product Proof or not. You, and not JukeBox, assume all responsibility for any typographical errors or any other errors found in the Products that are also in the Product Proof. You acknowledge and agree that JukeBox is not responsible for any errors in the Products found on the Product Proof which you did not inform JukeBox. Notwithstanding any of the foregoing, except where JukeBox has failed to provide you with any Products, upon Jukebox’s commencement of production under an Order, you will not be entitled to, and Jukebox will in no event be required to provide, any refunds of the fees you paid for such Order for any reason whatsoever. If a refund is requested BEFORE PREPRESS, and a proof has already been sent, then a $20 cancelation fee will apply. If an order is cancelled after the date it was placed on, and a proof has yet to be created, then a 5% transaction fee will apply. Custom orders that require a special paper or material that is not kept in stock will not qualify completed refunded. For example, once a T-shirt order has been purchased the customer will not be able to recieve a refund for the price of the T-shirts.
(b) Colour Shift: You acknowledge and agree that JukeBox will not be responsible for any color shift that occurs in conversions from RGB to CMYK or PMS Pantone colors to CMYK color modes. All artwork, designs and images provided by you to JukeBox for incorporation into any Products must be provided with a minimum of 300 DPI. JukeBox is not responsible for the degradation in quality of the images printed, including fuzziness, distortion, pixilation, or any other type of degradation from the provided artwork, designs, and images when such degradation is caused by the nature of artwork you provided to JukeBox, including, without limitation, where the image has a resolution that is lower than 300 DPI. JukeBox is not responsible for any color shift in converted photographs with black, near black, or gray tones. JukeBox will use commercially reasonable efforts to match the colours in the Product Proofs to the Products.
(c) Bleed or Crop Marks: JukeBox will not process any files provided by a customer without bleed or crop marks when such marks are required. JukeBox will add bleed or crop marks to such files at an additional minimum fee of $45. All files you provide to JukeBox for making an Order require a safe margin of ¼inch, and JukeBox will not be responsible for any problems on the Product with insufficient safe margin.
(d) Templates/Online Templates: JukeBox will not be responsible for your use of outdated templates. Before making an Order, you represent and warrant that you have downloaded and used the latest version of JukeBox’s templates from the Website. The templates made available to you by JukeBox on the Website are designed specifically for use with the Website and JukeBox and not for any other purpose. In the event you wish to make changes, alterations, or modifications to the free templates, you will be responsible for any such changes, alterations, or modifications, including using a professional designer for such purpose. For your convenience, the Website contains a list of professional designers. JukeBox is not affiliated with the designers in any manner, and JukeBox is not responsible for any errors, issues, or other problems caused by the work of such designers.
(e) Colour Proofing & Ink Matching: JukeBox is not responsible for matching color or ink density on the Products to the Product Proofs. While Product Proofs will predict design layout, text accuracy, image proportion and placement, they cannot be used to assess color or ink density in the Products. You acknowledge and agree that the Product Proofs do not show transparency and over print issues, and they do not reflect colour change from RGB to CMYK. You acknowledge and agree that JukeBox may produce the Products with other products ordered by other customers, and as such, there may be deviation in colour or ink density in the Products when compared to the Product Proofs. JukeBox accepts no responsibility for color variations between submitted images and the actual artwork or product they represent. Jukebox does not print using pantones or specialty inks, as it only uses CMYK to process print jobs. JukeBox is not responsible for colour errors found in the Product Proof, and JukeBox does not represent or warrant to consistent colours on the Products when compared to the Proofs. Application of coatings may affect or change the appearance of the printed colors on the Products.
(f) Order Approval: You are responsible for reviewing each Order and the Product Proof provided to you prior to making an Order. JukeBox will not accept changes to Orders you have placed. In the event you accidentally made an incorrect Order, including, without limitation, the uploading of the wrong file, JukeBox will charge a $5 re-submission fee, although you may still have to bear the cost of the initial Order as JukeBox may have already processed the Order and began production. In the event Jukebox already started production of the Products, JukeBox, in its absolute discretion, has the right to reject any re-submissions. Where you fail to review the Product Proof and ask JukeBox to print the Products without review or approval of the Product Proof, you will do so your own risk, and JukeBox will not be responsible for any errors, problems, or other issues with the Products where the Product Proof has not been reviewed. JukeBox has no responsibility to re-print any Order if flaws, errors, or problems are found in the Product Proof after initial production. Notwithstanding any of the foregoing, JukeBox is not responsible for any errors in a Product caused by any of the following reasons: misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, transparency, overprint, incorrect colours, finished size of the Product, insufficient safe margin JukeBox does not represent or warrant to the exact quantities of any Order, provided however that quantity deviation will in no event exceed 5% of the amount specified in such Order. JukeBox does not represent or warrant that the Product produced on a re-order will be identical to the Products produced under the original Order.
(g) Order Cancellation: You cannot cancel or modify any Orders after the Order has gone into production, and JukeBox has no responsibility for any refunds for any Orders once the Order has gone into production. JukeBox is not responsible for any duplicated orders that are placed on the Website as a result of your mistake.
(h) Warnings: Jukebox sends out warnings before emailing proofs, about potential problems that may occur during printing. These messages are sent during the proofing process and it is your responsibility to read these warnings before accepting the proof. If you accept the proof without changing these potential problems then JukeBox is not responsible if this error(s) occurs during printing. A reprint will not be honored in such situations. Some of the most come warnings are: text too close to edges, boarders, fraying of cards when dark colours are used, low resolution and colour matching (most common ones are: blood red, navy blue and specific greys).
(i) Reprints: A reprint will only be honoured if a shipping error or printing error occurs. Shipping errors occur if a package is damaged or lost after being picked up by a shipping provider. Since these issues are not directly related to issues cause by JukeBox, customers will first need to file the issue with the appropriate shipping provider. Once this has been done, JukeBox can then file a claim with the shipping provider to receive compensation. If the claim is not approved by the shipping provide, and JukeBox is not compensated, then it is to the discretion of JukeBox if a reprint can be honoured. Shipping providers need adequate evidence to approve a claim. It is the responsibility of the customer to supply the proper proof (pictures, samples, tracking number, etc) for the claim.
Printing errors are classified as misprints or trimming issues that are caused by mistakes in the production process that are outside a machinines error values. The reason a reprint is offered for these issues is because if the order were printed again using the same conditions, the issue would not happen again. Machines are maintained and calibrated to the keep them funcitoning properly, but there are still error values associated with each machine, which do not qualify orders for a reprint if they fall within these values. The purpose of a reprint is to replace a defective product; however, if a shift occurs on the cards that is within the error values of the machines, this does not qualify as a printing error. JukeBox asks for .125" of bleed on all print files because of the shifts that can occur when printing and trimming an order. If there is a shift (off center) of 3mm (1/16") or less, this will not be classified as a printing error and will not qualify for a reprint. Depending on when a card is printed, there can be similar colour shifts that occur from one press run to the next. If the same CMYK values are used for printing multiple orders on separate press runs (ordered at different times), there is a potential colour shift of 10% between runs. An order will not qualify for a reprint if there is a 10% colour variation or less from the previous order.
The exact same file will need to be used for the reprint process. If a client requests to change their file, this will be considered a new order. Any design errors will not be given a reprint as it is the responsibility of the client to look over their proof before approving it to print. “File error” and other warning messages are sent out for this reason. If the client decides to proceed with an order without changing their design, then they take complete responsibility if such error occurs.
The only way a reprint will be able to be considered is if Jukebox (1) 5% of the finished product is return with the same printing error on all the card or (2) a claim is granted by Jukebox’s shipping provider for any lost or damaged package(s). It is in the sole discretion of JukeBox to request more than 5% of the order, including the whole order, if the entire order needs to be reprinted. Reprints will only be honoured if a request is submitted within 7 business days after receiving your product. Reprints for shipping errors will take two weeks before getting approved or declined as shipping claims take two weeks to be processed. If a reprint is being shipped out for a second time and the price of shipping exceeds 20% of the product cost before taxes, then the customer must pay for 50% for the shipping cost. Customers will have to pay for shipping in full when an order has been shipped out more than twice.
(j) Design Orders: Design quotes are based on the estimated time it will take to complete. In some cases, this time will be over or under estimated; however, the price will remain the same once the design quote has been accepted by the customer. A design service does not include the printing price unless stated.
A design order will be completed once you have accepted your design proof. If you are unhappy with the finished design(s) then another design quote will be sent out for any changes that JukeBox needs to make. If the changes are minor, and if Jukebox has not gone over their estimated time to complete such design, a change may be made with no additional fee under the discretion of JukeBox. A DESIGN ORDER CAN NOT BE CANCELLED OR PARTIALLY REFUNDED ONCE THE FINAL DESIGN HAS BEEN SENT TO THE CUSTOMER. If you decide to cancel a design order after being paid for and before being completed, then you will need to pay for services rendered, which is a minimum of $75 per hour. If no design work has been done when an order is cancelled, then the customer will only need to pay a 5% transaction fee on the price of their order, if cancelled later then the date of purchase.
(k) Sample Packs: Sample packs are sent out to provide an idea of what a finished product may look like. JukeBox does not guarantee stock or coating consistency of a finished product. Various seasonal and economical factors may affect the printing process, and for this reason, finished products may vary from the samples received.
(l) Finished Product: Jukebox will not offer a reprint or compensation if less than 5% of the product quantity is missing or defective. This is because specific bindery services can damage products, limiting the number of the finished product.
For orders that have been selected as "pick up", the customer will need to pick these orders up within 6 months of the order being ready. Due to the large volume of products and limited inventory space, cards may be removed and recycled after this time.
(m) Sale Items: No other promotions, promo codes, in-store credits, sponsorship discounts or other discounts can be used on sale items. All files for sale item orders are required within one week (7days) from the date the sale expires, unless otherwise stated. If files are supplied after this time, the customer will need to pay the regular price of the cards as it is listed on the website for the same product. For regularly priced cards, customers will have 2 weeks to upload the files. If the files are uploaded after this time then the person will need to pay the price of the cards as listed on our website. Sale items can only be rushed to meet a deadline if the regular price of the item is paid for plus any applicable rush charges.
Sale prices can only be honoured during the designerd sale time. Products placed before the sale date can only be honoured during the sale if the order has yet to go into "prepress". If the order is in "prepress", or has previously been in prepress, than the sale price can not be honoured.
Promotional products that are ordered, or given away, at no charge to the customer, do not qualify for any form of compensation if there is an error with printing, designing, shipping, etc.
(n) Saved Designs: Due to the large volume of files received, Jukebox does not save files internally. Files attached to orders will be removed 1 month after the file is uploaded. For designs that Jukebox Print creates, files may be able to be found on internal hardware, but this can not be guaranteed. All customers are responsible for saving all completed designs on thier computers.
Saved designs using our online card creator will only be saved for 6 months. These designs will need to be downloaded as a pdf and saved on the customer's computer to access them after 6 months. It is also not the responsibility for Jukebox to fix any design errors that occured when making a card on the online card creator.
o) In-Store Credits: An in-store credits can be offered only if an order is cancelled before being put into "prepress" - to avoid cancellation fees- or may be offered as a form of compensation. The amount of compensation is solely based on JukeBox's discretion. An in-store credit will not be issued for any order that was paid for using an existing credit; however, the order may qualify for a reprint, but only at the discretion of JukeBox.
To claim an in-store credit a customer must supply their previous order number that the compensation was meant for. This is the only way the compensation can be confirmed by JukeBox. Emails will not be sufficient enough to validate an in-store credit. Promo codes with be generated for customers to redeem their in-store credits. Promo codes will only be valid until their expiry date. When an order is cancelled, or compensation is given, a promo code will be sent to the customer's account email (or the email that is on the order being compensated if the customer does not have an account). In-store credits are valid for a maximum of one year from the date the promo code is issued. If a customer does not use their credit within the year, or has only used a portion of it by the expiry date, the remaining amount will be forfeited.
If the amount of a promo code exceeds the cost of the product, then two smaller promo codes may be issued instead BUT ONLY if the initial promo code has yet to be used. If a promo code has already been used then no more credit will be issued.
p) Custom Jobs: Custom jobs are generated internally by staff of JukeBox and are therefor subject to human error. If an error occurs with pricing, stock, coating, turnaround time or any other specification on the order, JukeBox has the right to cancel the order and refund the customer. Also, any miss communication that occurs between JukeBox estimators and customers during the quoting process will not qualify the customer for a reprint. It is the responsibilty of the customer to check the accuracy of the quote before proceeding with payment. JukeBox will only be responsible for printing what is listed on the customer's invoice and reserves the right to cancel the order at any time regardless of the error that was made. Any cancellation of an incorrect quote will still be subject to the same pentalies as listed under "Product Proof and No Refunds".
JukeBox requires a full payment to process any Orders. Processing of an Order will not start until you have made payment with a valid credit card number, or cash fund (using PayPal). JukeBox will not be liable for any of delay in completing Orders due to your delay in payment.
9. Pricing and Shipping
(a) Pricing: All prices listed on the Website are in Canadian funds, unless otherwise noted, and are subject to change by JukeBox without any notice to you. Applicable taxes and shipping and handling charges will be added to each invoice. JukeBox may change pricing options as well aschange any promotional offer(s) at any time without prior notice.
(b) Pricing/Promotions: General pricing and promotions are in effect only for the regions and time periods as specified on the Website. Under no circumstances can you request alternate pricing options other than those available in specified regions. In determining pricing, JukeBox uses your region of origin, and you may be required to provide proof (either shipping address postal code or promotional code) indicating your region of origin. Upon JukeBox’s satisfaction of your region of origin, you may request JukeBox to send the products to a region other than your region of origin. Jukebox reserves the right to match prices only at our discretion, We may not be able to match every price, but we will do our best. Price match is only honoured prior to placing an order. Uner no circumstances does Jukebox price match companies or competitor coupons outside of Canada.
(c) Taxes: Any Order which specifies delivery of shipment in Canada is subject to Goods and Services Tax and may also be subject to Provincial Sales Tax or Harmonized Sales Tax.
(d) Shipping Outside Canada: Any Order which specifies delivery of shipment of Products outside Canada may be subject to import taxes, customs duties, and fees levied by the country where the recipient receives shipment of the Order ("Import Fees"). You are responsible for all such Import Fees and any additional charges for customs clearance. JukeBox has no control over these charges. Customs policies vary widely from country to country; you should contact his/her local customs office for further information.
You will defend, indemnify and hold Jukebox, its directors, officers, employees, agents, partners, suppliers and licensors harmless from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) the submission and use of Your Content; (b) your use of the Services and activities occurring using your account information; (c) any violation by you of these Service Terms; or (d) your violation of any third party rights. This obligation will survive the termination or expiration of these Service Terms and your use of the Services.
11. Shipping and Delivery
(a) Order Shipping: JukeBox will use commercially reasonable efforts to ensure that production difficulties with respect to any Order do not delay delivery schedules. JukeBox’s shipment and delivery dates are calculated based upon estimates provided by JukeBox’s logistics partners. Unexpected failure, malfunction and/or technical problems with JukeBox’s printing equipment may delay JukeBox’s production process. In the event of such delay, JukeBox may, in its discretion, refund or waive any rush fees applicable to an Order. JukeBox can only use its own shipping account and will not use account numbers provided by you for any couriers.
(b) Incorrect Address: You are responsible for providing JukeBox with the proper shipping address. When a package is not delivered due to an error made by the customer in submitting the proper shipping address, JukeBox will reship the package with the correct address and charge you an additional shipping fee. Product deliveries are subject to the corporate policies of the delivery companies used by JukeBox. Policies regarding signature of delivery receipts will apply to you. If you are not present at the delivery location that you provided to JukeBox, you will be responsible for picking up the package in accordance with the policies of the applicable delivery company.
(c) Estimated Completion Times: When you place an Order using the Website, JukeBox will provide you with an estimated date of completion of the Order. You acknowledge and agree that the date is an estimate only, is provided to you, and does not include shipping time for the Product. JukeBox does not represent and warrant that your Order will be completed by the estimated date, except where you select the option of “rush printing”, provided, however, that in no event will JukeBox be responsible for any delay in shipping of products caused by the shipping company, even where “rush printing” was selected. JukeBox may, in its discretion, provide you with compensation on delays beyond the estimated date of completion, and such compensation may include express shipping at no additional cost to you.
(d) Transfer of Title: You acknowledge and agree that the shipping terms for all Products from JukeBox are FOB shipping point and ownership transfers to you upon delivery of your shipment to the delivery company. You assume all associated risks at that point, and JukeBox will not be responsible for any loss or destruction associated thereafter.
(e) Pick-ups: When picking up an order at one of JukeBox's storefront locations, an order number will need to be provided for proof of purchase. Transfer of ownership will occur once the customer has left JukeBox's location. Any damage to the product that occurs outside of JukeBox's location - including staining, ripping, bending or chipping - will not the qualify for a reprint.
Orders may not be available for pick up at specific JukeBox locations, so shipping will be required for these orders. For the same reason, shipping can not be refunded if pick up of a particular product is not available at the requested pick up location. A shipping refund can also not be refunded once the order is in prepress. This is because an order may be produced at one location, but a separate location is requested for pick up (so the order will still need to be shipped).
It is the responsiblity of the customer to pick up their order(s) from JukeBox's storefront location on a timely basis. If an order is not picked up within 6 months of the purchase date then the order may need to be disposed of due to space restrictions, and the order will not qualify for a reprint.
12. Disclaimer of Warranties and Limitation of Liability
(a) Except as otherwise expressly provided herein, you acknowledges and agrees that the Website, the Services, and the Products are provided on an “as is”, “without any warranties”, and “without any liability” basis, and you and JukeBox both acknowledge and agree that this limitation on liability is reasonable in the circumstances.
(b) JUKEBOX DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE PRODUCTS, THE WEBSITE, THE SERVICES, OR THE WEBSITE CONTENT PROVIDED IN CONNECTION THEREWITH, WHICH MAY CONTAIN ERRORS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE ERROR FREE OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION. JUKEBOX DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY COMMUNICATION ORIGINATING FROM THE WEBSITE OR JUKEBOX ARE FREE OF VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
(c) JUKEBOX DISCLAIMS AND EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE WEBSITE, THE SERVICES, OR THE PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
(d) JUKEBOX IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, YOUR USE OR MISUSE OF THE WEBSITE OR THE SERVICES OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF JUKEBOX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
(e) NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE SERVICE TERMS, YOU ACKNOWLEDGE AND AGREESTHAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF JUKEBOX’S LIABILITY FOR EACH ORDER EXCEED THE LESSER OF (a) CDN$ 100; or (b) FEES ACTUALLY PAID BY YOU FOR SUCH ORDER.
(f) ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, UNLESS AND TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAWS, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Where you submit or provide any comments, suggestions, proposals or other feedback (the “Comments”) to JukeBox in connection with the operation or content of this Website, you irrevocably assign to JukeBox all of your right, title and interest in and to the in the Comments without the right to any compensation or royalties from JukeBox and you waive any moral rights you may have in the Comments. Further, you irrevocably waive and agree never to assert any claims against JukeBox or any of its successors or assigns with respect to the Comments. You agree that JukeBox shall be free to use the Comments on an unrestricted basis.
Any dispute relating to the Website or the Services shall be governed by the provincial laws of British Columbia and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles, and without reference to the UNCITRAL Convention on Contracts for the International Sale of Goods or the British Columbia International Sales of Goods Act. You and JukeBox agree to submit to the non-exclusive jurisdiction of the courts of British Columbia, Canada for any and all disputes, claims, and actions arising from or in connection with the Services or these Service Terms. Nothing in these Service Terms shall prevent JukeBox from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over you over such subject matter.
15. Hyper-Links to Third Party Sites
The Website may contain hyper-links to third party websites. Because JukeBox has no control over such sites, access to any other Internet sites linked to the Website is at your own risk and you understand that JukeBox is not responsible for the availability, accuracy or reliability of the contents of any linked site or any link contained in a linked site (“Third Party Content”). JukeBox provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any Third Party Content by JukeBox. You further acknowledge and agree that JukeBox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Content.
16. Independent Remedies.
The disclaimers of warranties and limitations of liability in Sections 12 will survive on a fundamental breach or breaches and/or failure of the essential purpose of these Service Terms or any of the remedies contained herein. Such disclaimers and limitations of liability apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
17. Force Majeure
If Jukebox’s performance of its obligations under these Service Terms is prevented, restricted, or interfered with by reason of: fire, flood, earthquake, explosion or other casualty or accident or act of God; strikes or labour disputes; inability to procure or obtain delivery of power, war or other violence; any law, order proclamation, regulation, ordinance, demand or requirement of any governmental authority; or any other act or condition whatsoever beyond Jukebox’s reasonable control, including, without limitation, any telecommunication services or any other services provided by a third party, Jukebox shall be excused from such performance to the extent of such prevention, restriction or interference. JukeBox will take reasonable steps to avoid or remove such cause of non-performance and shall resume performance hereunder with dispatch whenever such causes are removed.