Terms of Service
Version Date: March 9, 2020
User’s Acknowledgment and Acceptance of Terms
1. No Refund.
2. Modification of Terms.
3. Description of Services.
4. Promotional Codes and Credits.
We may, in our sole discretion, create promotional codes that may be redeemed for product discounts subject to the following terms and any additional terms that We establish on a per promotional code basis (“Promo Codes”). Promo Codes must be used by their intended audience, for their intended purpose, and in a lawful manner. Promo codes may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us. Promo Codes have no cash value and may expire or be disabled by at any time, for any reason, prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms.
5. Registration Data and Privacy.
In order to access some of the Services on this Website, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
7. Conduct on Website.
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; or
- You further agree not to:
- make any unauthorized use of the Services, including collecting Usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretence;
- circumvent, disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein;
- engage in unauthorized framing of or linking to the Website;
- trick, defraud or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords;
- make improper use of our support services or submit false reports of abuse or misconduct;
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- interfere with, disrupt or create an undue burden on the Website or the networks or services connected to the Website;
- attempt to impersonate another User or person or use the Username of another User;
- sell or otherwise transfer your profile;
- use any information obtained from the Website in order to harass, abuse or harm another person;
- use the Services as part of any effort to compete with us or to provide services as a service bureau;
- attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you;
- delete the copyright or other proprietary rights notice from any Content;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
- disparage, tarnish or otherwise harm, in our opinion, us and/or the Website; and
- use the Website in a manner inconsistent with any applicable laws or regulations.
8. Right to Terminate Accounts.
9. Users Must Be Over Age 18.
You represent that you are over the age of 18. We do not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
10. User-Generated Content.
- Responsibility for User-Generated Content. You may create content, written or otherwise, while using the Service (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
- Right to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end Users any required terms.
- Ownership of User-Generated Content. Except for Content that originates from us, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User-Generated Content you post. You may control access to your User-Generated Content through settings in your User account.
11. Contribution license.
12. Guidelines for Reviews.
13. Use of Recordings.
14. Purchases and Payment.
- You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such purchases. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars.
- Fees may be charged on a per purchase basis or on a monthly or other recurring basis. If your purchase is subject to recurring charges, then you consent to us charging your payment method in advance on a recurring basis, without requiring your prior approval for each recurring charge. Recurring charges will continue until you notify us of your cancellation. Charges for renewal periods shall be calculated at the prevailing rates then offered by us.
- In the event you fail to make a timely payment, you will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such amounts. We reserve the right to suspend access to the Services in the event you fail to make a timely payment here under.
- We reserve the right to refuse any order placed through the Website. We also reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
- If you are not satisfied or believe there has been an error in billing, please contact our Customer Service Department by emailing us at email@example.com.
15. Third Party Websites and Information.
16. Affiliate Disclosure.
- The opinions expressed here are ours or an approved representative and are not necessarily the opinions or views of any affiliates. We recommend products and services that we use or have researched.
17. Intellectual Property Information.
- Neither we nor our Associates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See the Copyright Infringement section below for a description of the procedures to be followed in the event that any party believes that Content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- You grant us the right to display images of products we create for you using your copyrighted designs and logos on our website or other promotional material for the purpose of promoting our services.
18. Copyright Infringement and Digital Millennium Copyright Act Policy.
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other Content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Customer Service
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may promptly remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
19. Disclaimer of Warranties.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Website, you may have the opportunity to engage in commercial transactions with other Users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the Services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
20. No Professional Advice.
The statements made on this Website and in programs offered through this Website are solely the opinion of the author and in no way should be construed as professional advice.
You alone are responsible and accountable for your decisions, actions and results in life, and by your use of this Website, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
21. Limitation of Liability.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
22. Release and Indemnification.
You agree to indemnify and hold us harmless from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
23. Security and Password.
24. Participation in Promotions.
25. International Use.
26. Term and Termination.
27. Some Provisions Survive Termination.
- Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect.
- No Waiver. Any failure on our part to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Our rights under this Agreement will survive any termination of this Agreement.
- Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with us must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Attorneys’ Fees. For every dispute regarding this Agreement, the prevailing party is entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled.
- Remedies Cumulative. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
- Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
- Electronic Transactions and Signatures. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits other than by electronic means. Signatures and identities are not authenticated on the Website.
- Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
- Non-Delivery or Delay. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Electronic Communications. When you visit the Website or send emails to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.