Your Use of Our Website
Our Website and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Website for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content for public or commercial purposes without written permission from an authorized representative. It is also strictly prohibited to download any images of our products which appear on our Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related intellectual property. You agree that if we, in our sole and unfettered discretion, requests in writing that you remove any link or links to our Website, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Website, or any part thereof, with or without notice.
Use of Artwork
You understand and agree that we license photos and other artwork, hereinafter referred to as Images, from various Licensors and/or Copyright Holders. We are licensed to use the Images as permitted in their respective license(s). These Images are used in our design online templates, hereinafter referred to as Templates. You are required to comply with the limitations on how the Images and/or Templates can be used.
You May Not:
Use Images and/or Templates together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
Use the Images and/or Templates in a way that places any person depicted in the Images and/or Templates in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of Images a) in pornography; b) in advertisements or promotional materials for tobacco products; c) in advertisements or promotional materials for adult entertainment clubs or similar venues, or for escort services; d) in advertisements or promotional materials for dating services; e) in connection with political endorsements; f) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products, if the use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
Use any Images and/or Templates (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
Falsely represent, expressly or by way of reasonable implication, that you or a person other than the copyright holder(s) of the Images and/or Templates created the Images and/or Templates.
We are required to provide Licensors and/or Copyright Holders with the names of the users who access Images and/or Templates. By signing below, you are also confirming that you understand this and are granting us permission to provide your name and contact information as may be required. In the event that anything in this section contradicts any of the agreements or licenses we have with Licensors and/or Copyright Holders regarding the Images and/or Templates, the terms of those agreements shall govern.
If you use Images and/or Templates in any way prohibited above or in any agreements between us and Licensors and/or Copyright Holders it will result in liability in accordance with the terms of our agreements with Licensors and/or Copyright Holders.
No Warranties; Limitation of Liability
Your use of and reliance upon any and all information, including but not limited to the content on this website is at your sole risk. Such information is provided on an “as is” and “as available” basis. We make no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of such information. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our website, with the delay or inability to use our website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our website, or otherwise arising out of the use of our website, whether based on contract, tort or otherwise, even if we or any of our suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of our website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using our website.
Security
Tampering with our Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. Users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Website for unintended purposes or trying to change the behavior of our Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.
Children’s Privacy
Our Website is intended for use by individuals 13 years of age or older. Our Website is not directed to children under the age of 13. Users under the age of 13 must use the assistance of a parent or guardian before they use or visit our Website.
Errors, Corrections and Changes
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.
Information & Content You Submit to Us
By using our Website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant to us and our affiliates an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.
We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of our company.
Indemnity
You agree to indemnify, defend and hold us harmless, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement. You specifically agree to defend, indemnify, and hold us harmless from any and all claims arising from the improper use of trademark, copyright, or other protected material, including but not limited to the use of a union bug.
Third Party Websites & Links
Our Website may contain links to other Websites that are not under our control (“Third-Party Websites”). We provide links solely for the convenience and information of our Website users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on our Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. We make no representation or warranty as to any products or services offered on any Third-Party Website. The conditions of use and privacy policy of any Third-Party Website may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.
Applicable Law & Other Terms
Our Website is created, operated and controlled in the state of New Jersey, in the United States of America. The laws of the State of New Jersey will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New Jersey, County of Essex and/or Central District of New Jersey in all disputes arising out of or relating to the use of our Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us with respect to our Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial 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.
