Pogo Heads, In Your Face!

PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

The use of this site is governed by the terms and conditions set forth below. Please read them carefully. Your use of this site indicates Your acceptance of these terms and conditions. In addition, when using particular Pogo Heads Services, You may be subject to additional guidelines, rules or different invoice terms and conditions specific to such services, which may be posted on the site from time to time, or communicated directly to You by the Pogo Heads center.

All such guidelines, rules or different invoice terms and conditions are hereby incorporated by reference into these Terms and Conditions. Pogo Heads reserve the right to make modifications, alterations or updates to this site and these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and Your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.

“You”, “Your” and “Customer” means You individually or on behalf of the entity You warrant You are authorized to represent. “We” and “Our” means Pogo Heads, unless otherwise indicated.

You agree that Your use of such Services is at Your own risk. The Content (as defined below), and Pogo Heads proprietary software, may be used in providing the Services, and are subject to the following reservation of intellectual property rights by Pogo Heads or its suppliers.

Patent:

Certain functionality provided via this website may be covered by U.S. Patent 5,930,474. Under License.

All content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by Pogo Heads (collectively called the “Content”), and the collection, arrangement and assembly of the Content, is the property of or licensed by Pogo Heads or its suppliers and service providers and is protected by U.S. and international copyright laws. The Content on all pages of the Pogo Heads websites are provided solely for the use of Pogo Heads customers to interact with Pogo Heads and may not be used by You, or any other person or entity, for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by You or any third parties. Neither Your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or “works made for hire” with Pogo Heads in or regarding such Content.

When using any Services provided via the Pogo Heads website, You may elect to upload or otherwise submit materials to the site (collectively, “Materials”). Pogo Heads do not supervise the uploading of any User-provided Materials to this site, although it reserves the right to do so. You agree, represent and warrant that in using the Services, You will not upload, submit or otherwise transmit to Pogo Heads any Content that violates any applicable Federal, state or local laws, including, but not limited, to the following:

* Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person’s privacy or further the commission or concealment of a crime.
* Materials that are not lawfully Yours to transmit.
* Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity.
* Materials containing software viruses or other harmful computer code; or Materials that in any way interfere with or disrupt the Services or any servers or networks connected to or used with the Services (any of the foregoing, “Unauthorized Materials”).

Pogo Heads takes no ownership in any Materials uploaded to the Pogo Heads website, except Pogo Heads retain their rights in and to the Content that is present on the site or that may be created and/or supplied by or for Pogo Heads.

You also warrant and confirm that You own the copyright or have permission to copy any documents or Materials You submit online for printing or processing, and agree to defend, indemnify and hold Pogo Heads, their parents, subsidiary companies and their respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney fees incurred by Pogo Heads in defending against such suit, demand or claim.

Trademarks

All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by Pogo Heads (collectively called the “Marks”) are proprietary to Pogo Heads or other respective owners that have granted Pogo Heads the right and license to use such Marks. Users do not receive any trademark rights or any other rights in or to the Marks. Users do not receive any trademark rights in or to the Content.

Pogo Heads is a registered trademark of Pogo Heads. All other trade names are the property of their respective owners and are used by permission.

Limitations and Disclaimers

THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THE POGO HEADS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER’S SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POGO HEADS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, POGO HEADS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE.

NEITHER POGO HEADS NOR THEIR PARENTS OR ANY OF THEIR AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER’S USE OF THIS WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) (FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED POGO HEADS OF THE POSSIBILITY OF SUCH DAMAGES.

**(NEITHER POGO HEADS NOR THEIR PARENTS OR ANY OF THEIR AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT DAMAGES, NOR SHALL ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE MADE IN EXCESS OF THE LESSER OF $100.00 OR THE AMOUNT PAID TO POGO HEADS FOR THE SUBJECT PRINTED PRODUCTS PLUS SHIPMENT FEES, IF ANY).

In no event will Pogo Heads, their parents, or affiliates, subsidiaries, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, mis-delivery, non-delivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services or shipping services (any of the foregoing, “Service Failure”) to the extent caused by or resulting from:

* Your acts, defaults or omissions.
* Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time.
* Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed using Pogo Heads’s standard virus-detection procedures.
* Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems.
* Loss, corruption or irretrievability of, or damage to, Your personal information, User-provided Materials or information regarding the printed products used or stored by Pogo Heads.
* The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.
* Your failure to provide an accurate shipping address or other information that You are asked to provide in connection with the provision of services.
* Acts, defaults or omissions of any person or entity other than Pogo Heads, including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient.
* Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.
* Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation.
* Our failure to notify You of any delay, loss or damage in connection with Your printed products or shipment or any inaccuracy in such notice.
* Our release of shipments without obtaining a signature if a signature release is on file.
* Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.

All claims, whether they regard printing services or shipping services, should be resolved by contacting the Pogo Heads center. Failure to contact Pogo Heads directly will cause a delay in the processing of any claim and will result in a delay in processing Your claim, which could cause Your to lose the ability to receive any compensation for loss involving shipping or printing services as provided in these terms and conditions.

If a shipment containing Your printed products is refused by the recipient, or is damaged, the shipment will be returned to You if possible. If You refuse to accept the returned shipment or it cannot be returned because of damage, You are responsible for and will reimburse Pogo Heads for all costs and fees of any type connected with the return shipment and legal disposal of the shipment; Pogo Heads DOES NOT GUARANTEE THE SHIPMENT, AND DELIVERY SERVICES OFFERED ON THIS SITE. Subject to the limitations listed above, Pogo Heads will provide a refund of shipping costs paid or will re-perform printing services and shipping services if any printed products are lost, damaged, not delivered, mis-delivered or delivered late, to the extent caused by Pogo Heads or its third-party shipper. See “Claims Procedure” below.

PLEASE NOTE THAT WE DO NOT PROVIDE INSURANCE OF ANY KIND, NOR DO WE PERMIT YOU TO ASSIGN A DECLARED VALUE TO ANY PRINTED PRODUCT OR SERVICE.

Performance of any Services will not cause us to be deemed Your, or anyone’s, agent for any purpose.

Claims Procedure

Pogo Heads will either refund or credit (at its option) the charges You actually paid for the Services (including shipping charges, if applicable) if we fail to properly provide the Services or the printed products or to properly ship the printed products, subject to limitations described in the Section above entitled “Limitations and Disclaimers”. In order to qualify for a refund or credit due to Service Failure, the following limitations apply:

1. To obtain a refund or credit, at our option, for a Service Failure, You must notify the Pogo Heads center within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment or the date picked up from a Pogo Heads retail location by You or Your agent.

2. For any claim related to damage of a printed product during shipping (if the shipping services are provided through Pogo Heads), You must notify the Pogo Heads center in writing within seven (7) days after delivery of such printed products.

3. For all other claims, including claims arising out of any non-delivery, mis-delivery or late delivery, You must notify the Pogo Heads center within thirty (30) days of the shipment date.

4. In the case of a claim concerning any defective printed products, You must return the defective printed products to Pogo Heads at the Pogo Heads Center where the product was produced.

5. In the case of a claim concerning any non-delivery, mis-delivery, late delivery, damaged shipment or other shipping-related claim, You must retain all original shipping containers, packaging and contents and make the foregoing items available for Pogo Heads’s inspection.

6. Any cause of action against Pogo Heads arising from or related to the provision of Services or printed products or shipment of any printed products shall be extinguished unless an action is brought within one (1) year of the date of order. Any refund will be sent to the billing address on Your account.

7. A service failure will not be deemed to have occurred if within 30 calendar days after You notify Pogo Heads, Pogo Heads provides You with:

a. Proof of timely delivery, consisting of the date and time of delivery and name of the person who signed for the shipment or signature release information;

b. Service exception information reflecting that the failure to timely deliver resulted from circumstances described under “Limitations and Disclaimers.”

8. Pogo Heads is not obligated to respond or provide any credit or refund if Your have not paid for Services or shipping costs, if applicable; or when Your request is not received within the time limits stated above.

Pogo Heads will use commercially reasonable efforts to satisfy customer claims, subject to the limitations set forth in these Terms and Conditions.

A refund or credit will not be given for shipments delayed due to incorrect addresses or ZIP codes or the unavailability or refusal of a person to accept delivery or any of the causes described under “Limitations and Disclaimers.”

This refund policy does not apply to undeliverable or returned shipments.

Order Acceptance

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an order to sell. Pogo Heads reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any Customer. Verification of information may be required prior to the acceptance of any order. No obligation to provide services exists between You and Pogo Heads until Pogo Heads exercises the authorization to charge Your credit card, and the charge is validated and accepted by Your credit card company.

Because this site is viewable internationally, not all products and services mentioned will be available from Pogo Heads.

Termination

In the event that Pogo Heads learns of, or has reasonable grounds to suspect, that Your registration information is inaccurate, or that activity in violation of these Terms & Conditions has occurred within Your account, Pogo Heads can suspend or terminate Your access to Your account or the Services without notice and refuse to authorize its future use. Repeated violations of these Terms & Conditions will result in immediate termination. In addition, Pogo Heads reserves the right to discontinue its Services at any time without reason or advance notice to You. You agree that we will not be liable to You for any loss or damage You may suffer due to any modification, suspension, termination or discontinuance of our website or services.

Applicable Law

Any litigation concerning these Terms & Conditions or other uses of this site against Pogo Heads shall be brought in Allegheny County, Pennsylvania, and You consent to the exercise of personal jurisdiction over You by such courts, and Pennsylvania law shall apply, without giving effect to any principles or conflicts of law.

Any litigation concerning these Terms & Conditions or other uses of this site against Pogo Heads shall be brought in the county in which the specific Pogo Heads is located, and You consent to the exercise of personal jurisdiction over You by such courts, and the law of that specific state will apply. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

This site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to You. These linked sites are not under the control of Pogo Heads, and Pogo Heads is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites, Pogo Heads does not monitor nor review the content of such sites, and You expressly understand that Your access by link to such sites is at Your own risk.

Registration on pogoheads.com

You may choose to register on www.pogoheads.com to access interactive features or update Your account information. The availability of these services varies by country. In the future, Pogo Heads may add other features that may be accessed through pogoheads.com In such event, previously registered users will not be required to re-register.

By registering on www.pogoheads.com, Your agree to provide accurate and current information about Yourself as prompted by the www.pogoheads.com Login pages and maintain and promptly update Your online profile information to keep it accurate and current.

When You register as a Key Customer using www.pogoheads.com, You will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and are responsible for all activities that occur under that password and user ID. You agree to immediately notify Pogo Heads of any unauthorized use of Your user ID and password.

The Pogo Heads Privacy Policy can be accessed by clicking here.

Indemnification

You agree to indemnify, defend and hold Pogo Heads, their officers, directors, employees, owners, agents, affiliates. subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees) that arise directly or indirectly from; (a) Your breach of any provision of these Terms & Conditions; (b) any allegation that any Materials You provided constitute Infringing Materials; or (c) any of Your activities conducted in connection with this site.

Invoice Terms/Interest/Attorneys Fees. Unless advised otherwise by the specific Pogo Heads, all invoices are payable upon receipt. All amounts which are 30 days past due shall bear interest at the maximum rate allowed by law of the state in which the Pogo Heads is located until paid in full. Customer agrees to pay all reasonable collection fees and costs, and attorneys fees and costs incurred by Pogo Heads to collect any amounts due under unpaid invoice(s).

No Other Relationship

The use of this site creates no relationship, contractual or otherwise, between You and any other entity, supplier or service provider, other than Pogo Heads.

Partial Invalidity

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall continue in full force and effect and shall in no way be affected, impaired or invalidated.

Conditions of Use