Terms and conditions of use

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THIS SITE. By using this site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you are not authorised to use the site. Avery UK (“Avery”) cannot and does not guarantee the security of information you transmit through this web site and Avery Design & Print, and you transmit all such information at your own risk.     

Restrictions on Use of Materials

This site is owned and operated by Avery UK ("Avery"). No material from Avery or any web site owned, operated, licensed or controlled by Avery may be copied, reproduced, republished, uploaded, transmitted, or distributed except as explicitly stated herein. You may download the materials, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Avery’s copyright and other proprietary rights. In the event you download software from the web site or use any templates from the web site, including Avery Design & Print, the software, including any files, images incorporated in, and data accompanying the software (collectively, the "Software") are provided to you under a limited revocable license by Avery. Avery does not transfer any other rights or title to the Software. Avery retains full and complete title and ownership, to the Software, and all intellectual property and other legal rights therein. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software.

Any guidance provided on this website is not to be considered legal advice and should not be used as a substitute for legal advice. As every situation requires unique legal guidance you should consult an attorney to ensure you comply with all applicable laws, rules or regulations including, without limitation the GHS.

Guidelines for the Use of Avery Templates and Software

AVERY TEMPLATES AND SOFTWARE ARE TO BE USED TO PRINT ON AVERY BRANDED PRODUCTS ONLY. YOU MAY NOT MODIFY OR USE ANY PART OF THE SOFTWARE TO PRINT ON NON-AVERY BRANDED PRODUCTS. IF YOU USE THE SOFTWARE OR ANY MODIFIED VERSION OF THE SOFTWARE WITH PRODUCTS THAT ARE NOT AVERY-BRANDED, SUCH USE IS UNAUTHORISED AND CONSTITUTES COPYRIGHT INFRINGEMENT. ALL RIGHTS GRANTED HEREIN IMMEDIATELY TERMINATE AND AUTOMATICALLY REVERT IN FULL TO AVERY.

Data use when signing up for Design & Print Account

In the course of you signing up for a personal, online account within our Design & Print services, we will obtain and store data from you which might be characterised as personal data under applicable EU and national law. Such data includes your designs and contact details. The data is stored on our secured servers and is accessible to selected Avery employees, such as consumer service agents. In the course of providing technical support, we may, if requested by you, view and edit your saved projects in order to optimise or correct your designs for printing.

In addition, Avery may view your saved projects from time to time for market research purposes. We will never share your personal data or designs with third parties and will delete all stored data once it is no longer needed, after the expiration of statutory preservation duties, either upon you deleting your account or you sending us a corresponding request to [email protected]

Product Warranty

Avery provides a satisfaction guarantee for products and use of Avery’s website, software and templates with genuine Avery products and materials. Avery is not responsible for circumstances beyond its control, including spelling, punctuation or other grammatical errors by the user, low-resolution or inferior quality of images uploaded by the user, design errors not made by Avery. All designs must be carefully reviewed by the user and any mistakes corrected prior to placing an order. ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

Guidelines for the Use of Images in Avery Software

Avery Software contains numerous photo images and clip art (collectively referred to as the "Images") which are either owned by Avery or licensed from a third-party. As a user of the web site you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use complies with the Guidelines set out below, seek the advice. Avery will not provide you with an opinion as to whether your use complies with these Guidelines.

YOU MAY, subject to any restrictions set out below:

  • Incorporate any Image(s) into your own original work and publish, display and distribute your work in any media. You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product;
  • Make one (1) copy of the Image(s) for backup or archival purposes.

YOU MAY NOT:

  • Create scandalous, obscene, defamatory, immoral or otherwise inappropriate works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;
  • Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
  • Use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason;
  • Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License;
  • Use any Image(s) except as expressly permitted by this License.
  • Upload or create any content that is scandalous, obscene, defamatory, immoral, harmful, threatening, abusive, vulgar, harassing, pornographic, profane, hateful, objectionable, or invasive of another's rights, including but not limited to rights of celebrity, privacy and intellectual property.
  • Upload or create any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You can't use images that you do not have permission to use. You cannot create a "new" image using elements from images other people have created. By uploading any content, you represent and warrant that you have the lawful right to reproduce and distribute such content.
  • Upload or create any content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would violate any laws.

Trademark Notice

Avery, QuickPEEL, BlockOUT, QuickDry, Quick&Clean, Ready Index, Index Maker, Design & Print, JamFREE and all other Avery brands, product names, and codes are trademarks of Avery and CCL Labels Limited.

All other brands and product names are trademarks of their respective companies.

Termination

The Terms of Use is effective until terminated by either party. You may terminate the Terms of Use at any time by destroying all materials obtained from any Avery web site(s) and all related documentation and all copies and installations thereof, whether made under the Terms of Use or otherwise. The Terms of Use will terminate immediately without notice from Avery if in Avery’s sole discretion you fail to comply with any provision of the Terms of Use. Upon termination, you must destroy all materials obtained from this web site and any other Avery site(s) and all copies thereof, whether made under the provisions of the Terms of Use or otherwise.

Warranty & Disclaimer

THE MATERIALS, INFORMATION, SOFTWARE AND TECHNOLOGY IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVERY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL AVERY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, AND REGARDLESS OF THE FORM OF ACTION, BE IT BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF AVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AVERY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE ORDER AMOUNT OR THE AMOUNT, IF ANY, FOR ACCESSING THIS WEB SITE, PAID BY YOU TO AVERY.

Indemnification

You agree to indemnify, defend and hold harmless Avery, and Avery’s licensors, affiliates and subsidiaries and their directors, officers, and employees, against all claims, investigations, infringements, actions, liabilities, losses, awards, judgments, damages, costs and expenses, including reasonable legal and other professional fees and expenses, arising out of or related to your breach of these Terms of Use or any text, photograph, image, graphic, content or other material you incorporated into products not part of the standard web site content.

 

Avery's agent for notice of copyright or trademark issues on this site can be reached as follows:

Avery UK
6 The Switchback
Gardner Road
Maidenhead
Berkshire, SL6 7RJ

Contact us with comments and questions about this Web site.