Terms of Use

CMYK, LLC

(d/b/a Billy’s Badges or Lloyd’s Labels)

Last Updated – Effective Date: August 1, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START USING THE SERVICES.

By using, accessing or installing the Services (defined below) or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy available at (“Privacy Policy”), our Copyright Policy available at (“Copyright Policy”), our Terms of Sale available at (“Terms of Sale”), and each Sale Agreement (defined below) between the Company (defined below) and you (collectively, the “Agreement”), which are incorporated herein by reference. “Sale Agreement” means with respect to a sale of our products or services to you, the order for such products or services as accepted by us, the Terms of Use, and all other terms or conditions applicable to such sale.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY, OUR COPYRIGHT POLICY, OUR TERMS OF SALE, OR ANY SALE AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES, OR ACCEPT OR AGREE TO THESE TERMS OF USE. As explained further below, the Company reserves the right to update these Terms of Use in its sole discretion at any time. Your continued use of the Services (including our Website or Mobile Application, defined below) constitutes your acceptance of such change(s).

EACH SALE AGREEMENT BETWEEN THE COMPANY AND YOU IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS OF USE.

THESE TERMS OF USE ALSO REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, SEE SECTION 25 below (ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY).

THESE TERMS OF USE ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 22 (LIMITATION ON LIABILITY) AND SECTION 26 (LIMITATION ON TIME TO FILE CLAIMS) below.

We provide the Services for use only by persons located in the United States. We do not currently intend to offer the Services to users outside the U.S. The Services, including our Website or Mobile Application, can be accessed from countries around the world and may contain references to services that are not available in your country. These references do not imply that the Company intends to announce such services in your country. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

1. Introduction. CMYK, LLC d/b/a Billy's Badges or Lloyd's Labels (“CMYK”, the “Company”, “our”, “us”, “we”), sells prints, assembles and sells badge shells, labels and other products to be used for conventions, conferences and other events including through our Website and mobile access to the Website or any mobile application owned or provided by the Company (the “Mobile Application”, together with the Website, the “Services”).

2. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

3. Accessing the Services and Account Security. We reserve the right to withdraw or amend the Services, and any product, service or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services (including the Website or Mobile Application), or the entire Services (including the Website and the Mobile Application), to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Intellectual Property Rights. The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Services for your own use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this the Services (including the Website or Mobile Application).
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services (including the Website or Mobile Application).

If you wish to make any use of material on the Services other than that set out in this section, please address your request to support@cmyk.ink.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks. The Company name, the terms “Billy’s Badges”, “Lloyd’s Labels“, “Expo Pass”, “Linkroom” and the CMYK, Billy’s Badges, Lloyd’s Labels, Expo Pass and Linkroom logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

6. Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

Use the Services (including the Website or the Mobile Application) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services (including the Website or the Mobile Application) for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services (including the Website or the Mobile Application), or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services (including the Website or the Mobile Application).
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services (including the Website or the Mobile Application), the server on which the Services is stored, or any server, computer or database connected to the Services.
Attack the Services (including the Website or the Mobile Application) via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services (including the Website or the Mobile Application).

7. User Contributions. The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, product review or feedback features, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services (including the Website or the Mobile Application).

8. Monitoring and Enforcement; Termination.

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards set out in these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services (including the Website or the Mobile Application). YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. Copyright Infringement. If you believe that any User Contributions violate your copyright, please see our Copyright Policy available at for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

11. Reliance on Information Posted. The information presented on or through the Services (including the Website or the Mobile Application) is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Reviews and Feedback. We welcome any reviews, ideas, testimonials, suggestions, or comments regarding our products, our services, or the Services (including the Website or the Mobile Application), including regarding improvements or additions thereto, including as posted on or via the Services as a review, idea, suggestion, image, comment or other information or content (“Feedback”). Under no circumstances will any disclosure or posting of any Feedback, including on or through the Services, be subject to any obligation of confidentiality or expectation of compensation. For the avoidance of doubt, Feedback are User Contributions. Without limiting Sections 6, 7, 8, 9, 10 or 11 above (i) by submitting Feedback to us, including on or through the Services, you waive any and all rights in the Feedback, and agree that we are free to implement and use the Feedback if desired, as provided by you or as modified by us, without obtaining permission or license from you or from any third party, and you hereby release us from any and all claims and liabilities relating to said use of the Feedback; (ii) without limiting the foregoing, you grant us all rights for the display, airing, exhibition, promotion, newsletter, contests, marketing and advertising use in any and all media (including internet and social media advertising) Feedback (or any portion thereof) as provided by our or as modified by us, without obtaining permission or license from you or any third party, and you hereby release us from any and all claims and liabilities relating to said use of the Feedback; and (iii) without limiting the foregoing, we reserve the right (but not the obligation) to edit or remove Feedback, including for the purposes set forth in this Section 12. We do not regularly inspect posted Feedback, and are under no obligation to do so.

13. Customer Artwork. If you purchase a product from us, including pursuant to a Sale Agreement, on which we print or otherwise incorporate or display any artwork, images or graphic provided by you to us, including by upload to the Services (“Customer Artwork”), you grant us all rights for the display, airing, exhibition, promotion, newsletter, contests, marketing and advertising use in any and all media (including internet and social media advertising) of any and all products displaying, containing or incorporating Customer Artwork, and you hereby release us from any and all claims and liabilities relating to said use of such products or Customer Artwork. Except for the approval of the proof relating to our printing of your Customer Artwork on the product to be sold to you under the applicable Sale Agreement in accordance with our Terms of Sale, you waive any right to inspect or approve the product, Customer Artwork, or the use to which or manner in which it or they may be applied, including any digital or written image or copy that may appear in connection therewith. You shall obtain all required authorizations and consents from all owners and licensors of any and all Customer Artwork for the Company to fully and without restriction use such Customer Artwork for the purposes set forth in and in accordance with this Section 13, and you represent and warrant that that you have obtained all required authorizations and consents from all owners and licensors of any and all Customer Artwork for the Company to fully and without restriction use such Customer Artwork for the purposes set forth in and in accordance with this Section 13.

14. Shopify. Our store is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products to you. As such, in addition to our Terms of Use and our Privacy Policy, our Website and Mobile Application are subject to Shopify’s Terms of Service available at https://www.shopify.com/legal/terms and its Privacy Policy available at https://www.shopify.com/legal/privacy. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of several major credit card and payment companies or brands. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service available at https://www.shopify.com/legal/terms or Shopify’s Privacy Policy available at https://www.shopify.com/legal/privacy.

15. Changes to the Services. We may update the content on the Services (including the Website or the Mobile Application) from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services (including the Website or the Mobile Application) may be out of date at any given time, and we are under no obligation to update such material.

16. Information about You and Your Visits to the Services. All information we collect on or through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

17. Online Purchases. All purchases through the Services (including the Website or Mobile Application) or other transactions for the sale of goods formed through the Services, or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

18. Linking to the Services and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Services (including the Website or the Mobile Application) may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Services.
Send e-mails or other communications with certain content, or links to certain content, on the Services.
Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Services (including the Website or the Mobile Application) or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Services (including the Website or the Mobile Application) other than the homepage.
Otherwise take any action with respect to the materials on the Services (including the Website or the Mobile Application) that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

19. Links from the Services. If the Services (including the Website or the Mobile Application) contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

20. Geographic Restrictions. The owner of the Services (including the Website or the Mobile Application) is based in the State of Illinois in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

21. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES (INCLUDING THE WEBSITE OR MOBILE APPLICATION) OR ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING THE WEBSITE OR MOBILE APPLICATION) OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

EXCEPT TO THE EXTEND OTHERWISE SET FORTH IN AN APPLICABLE SALE AGREEMENT, YOUR USE OF THE SERVICES, ITS CONTENT AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RIS, AND THE SERVICES, ITS CONTENT AND, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT TO THE EXTENT OTHERWISE SET FORTH IN AN APPLICABLE SALE AGREEMENT, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR MOBILE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING THE WEBSITE OR MOBILE APPLICATION) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES (INCLUDING THE WEBSITE OR MOBILE APPLICATION) OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES (INCLUDING THE WEBSITE OR MOBILE APPLICATION) OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING THE WEBSITE OR MOBILE APPLICATION) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EXCEPT TO THE EXTEND OTHERWISE SET FORTH IN AN APPLICABLE SALE AGREEMENT, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Limitation on Liability. EXCEPT TO THE EXTENT OTHERWISE SET FORTH IN AN APPLICABLE SALE AGREEMENT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES (INCLUDING THE WEBSITE OR MOBILE APPLICATION), ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, managers, owners, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (i) your violation of these Terms of Use, any Sale Agreement (including the Terms of Sale) or your use of the Services, including your User Contributions, any use of the Services' content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services; (ii) any matter for which you are required to indemnify under these Terms of Use; or (iii) any claims by a third party for violations of rights of publicity or privacy or any intellectual property claims relating to your User Contributions, Customer Artwork or Feedback.

24. Governing Law and Jurisdiction. All matters relating to the Services and these Terms of Use, the Privacy Policy, Mobile End User License Agreement, Copyright Policy, Terms of Sale or and Sale Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

25. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. PLEASE READ THIS SECTION 25 (“ARBITRATION AGREEMENT”) CAREFULLY. IT IS PART OF YOUR CONTRACT WITH CMYK AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement. You and we agree that any dispute between you and any of the CMYK Parties relating in any way to, or arising from in connection with (a) your access or use of the Services (including the Website or the Mobile Application), (b) this Agreement, including these Terms of Use, the Privacy Policy, any Mobile Application End User License Agreement and you, or the Terms of Use, or the sale or purchase of any CMYK product or service, (c) any communication you receive relating to CMYK, or (d) to any aspect of your relationship with CMYK, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or CMYK Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms of Use (i.e., the date upon which you agreed to these Terms of Use) or any prior version of this Agreement (including these Terms of Use).

(b) IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST THE COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY PARTIES IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS OF USE, INCLUDING THIS ARBITRATION AGREEMENT.

(c) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Corporate Secretary at CMYK LLC, 1395 W. Jeffrey Drive, Addison, IL 60101. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The proceedings shall be held in Chicago, Illinois.

You may choose to have the arbitration conducted by telephone, based on written submissions. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(d) Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and CMYK Parties. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

(e) Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and CMYK are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 25(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

(f) Waiver of Class and Consolidated Actions. ALL CLAIMS AND DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. THIS WAIVER APPLIES TO CLAIMS IN COURTS AND ARBITRATIONS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS AGREEMENT, AND CLAIMS OF ONE CLIENT, ADMINISTRATOR, HOST ATTENDEE OR OTHER USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT, ADMINISTRATOR, HOST ATTENDEE OR OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any limitations in this Section 25(f) as to a particular claim for relief, then the applicable claim must be severed from the arbitration and brought on an individual basis in the state or federal courts in Chicago, Illinois. All other claims shall be arbitrated. The parties agree to submit to the personal jurisdiction of the state or federal courts located in Chicago, Illinois, for purposes of resolving any claims for relief that are severed from an arbitration in accordance with this subsection and waive any argument that holding proceedings in such courts will impose undue hardship or materially affect their ability to present their case.

(g) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: CMYK, LLC, 1395 W. Jeffrey Drive, Addison, IL 60101 or email support@cmyk.ink, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

(h) Severability. Except as provided in Section 25(f) above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

(i) Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with CMYK.

(j) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if CMYK makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which you had already provided notice to CMYK.

26. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICES, ANY TERMS OF SALE, ANY SALE OR PURCHASE OF CMYK PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

27. Equitable Remedies; Remedies Cumulative. You acknowledge that a breach or threatened breach by you or any of your Representatives of any of your, its, his, her or their obligations under these Terms of Use, or any Services Agreement or Mobile Application End User License Agreement between CMYK and you would give rise to irreparable harm to CMYK, for which monetary damages would not be an adequate remedy, and hereby agrees that in the event of a breach or a threatened breach by such party of any such obligations, CMYK, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond). Notwithstanding anything to the contrary in thee Terms of Use or any Services Agreement between CMYK and you, the rights and remedies of CMYK and each Company Indemnified Party under this these Terms of Use and any Sale Agreement or Mobile Application End User License Agreement between CMYK and you are cumulative and are in addition to and not in substitution for any other rights and remedies available under these Terms of Use, the applicable Sale Mobile Application End User License Agreement, at law or in equity, or otherwise.

28. Waiver. No waiver of by CMYK of any term or condition set forth in these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable) shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CMYK to assert a right or provision under these Terms of Use or the Sale Agreement or Mobile Application End User License Agreement (as applicable) shall not constitute a waiver of such right or provision.

29. Severability. Should any provision of these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable) any be held by an arbitrator or court of competent jurisdiction to be enforceable only if modified, or if any portion of these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable) shall be held as unenforceable and thus stricken, such holding shall not affect the validity of the remainder of this these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable), the balance of which shall continue to be binding upon the parties with any such modification to become a part hereof and treated as though originally set forth in these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable). The parties further agree that any such arbitrator or court is expressly authorized to modify any such unenforceable provision of these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable) in lieu of severing such unenforceable provision from these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable)in its entirety, whether by rewriting the offending provision, by deleting any or all of the offending provision, adding additional language to these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable), or by making such other modifications as it deems warranted to carry out the intent and agreement of the parties as embodied herein or therein to the maximum extent permitted by applicable law. The parties expressly agree that these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable) as so modified by the court shall be binding upon and enforceable against each of them. In any event, should one or more of the provisions of these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable) be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and if such provision or provisions are not modified as provided above, these Terms of Use or any Sale Agreement or Mobile Application End User License Agreement (as applicable) shall be construed as if such invalid, illegal, or unenforceable provisions had not been set forth herein.

30. Entire Agreement. The Terms of Use, our Privacy Policy, our Copyright Policy, the Mobile Application End User License Agreement, or Terms of Sale and each Sale Agreement between the Company and you constitute the sole and entire agreement between you and CMYK, LLC with respect to the Services and CMYK products and services sold or purchased through the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.

Your Comments and Concerns. This website is operated by CMYK, LLC, 1395 W. Jeffrey Drive, Addison, IL 60101. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@cmyk.ink.

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