CreateArtandGifts.com welcomes you to you to our service (the "Create & Buy Service" or “Service”) that allows you to upload images, data, and other content (collectively, "Content") to the website to create, produce and purchase products featuring the uploaded Content for your own use. The service includes the Web Site located at www.createartandgifts.com (the "Web Site"). The goal of the Service is to provide access to our wide selection of personalized items and gift products and services, as well as, information and ideas, to as wide an audience as possible. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. This document comprises the entire agreement between Designs Direct LLC (d.b.a. Designs Direct Creative Group and createartandgifts.com) ("[Company]" or "us" or "we" or "our") and authorized user ("member", "user" or "you"), superseding any prior agreements between you and [Company] with respect to its subject matter. Our principal place of business is located at 605 Philadelphia St; Covington, KY 41011 USA
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of [Company]. All other third party trademarks, product names, and company names and logos appearing on the Service are the property of their respective owners. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with [Company] or purchasing [Company] products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with [Company] or to purchase [Company] products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by [Company]. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, [Company] disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. [Company] does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. [Company] does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
[Company] shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if [Company] has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. [Company] does guarantee that your purchased item, gift product or service is free of substantial defects, and if they are not, the company's sole maximum liability will be, within its sole discretion, not more than to either refund the actual purchase price paid by the customer, or to replace and deliver a replacement product as soon as reasonably practicable.
The service is provided on an "as is," "as available" basis and the company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written or electronically delivered information given by the company or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, shall create any warranty whatsoever.
[Company] reserves the right, within its sole discretion, to refuse to accept and process any and all customer orders and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts in the event of advertising errors and/or the actual or suspected misuse, fraud or abuse associated with said promotional offers or customer orders.
In the event that a [Company] product is mistakenly listed at an incorrect price, [Company] reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. [Company] reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, [Company] shall issue a credit to your credit card account in the amount of the incorrect price.
You acknowledge that the Service contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and [Company] or its Affiliates or other third party licensors may own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may use the content only for your personal non-commercial use and make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
You may upload or deliver to the website all Content that you want to use with the Create & Buy Service in accordance with the applicable instructions on the Web Site and our Content usage policies. [Company] may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Create & Buy Service. You are subject to all of the same rights, responsibilities and restrictions with respect to any Content as are found below under User Submissions.
[Company] is a distributor and not a publisher of the Content supplied by third parties on the Service. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, or any user of the Service, are those of the respective authors or distributors and not of [Company] or its Affiliates or any of its officers, directors, employees, or agents. Neither [Company] nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any provider, merchant, sponsor, licensor, or any other user of the service, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
[Company] neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Service by anyone other than authorized Company employees. Under no circumstances shall [Company], or its Affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any Content or other information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the Service.
Except as otherwise set forth in these Terms, you agree not to upload to or otherwise distribute on the Service any Content created or owned by others which is subject to any copyright or other proprietary rights of any third party. The unauthorized submission or distribution of copyrighted or other proprietary third party Content is illegal and could subject you to personal liability for damages. You, NOT [Company], or its Affiliates, or any of their respective officers, directors, agents, employees, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by [Company] without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
[Company] may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to [Company].
Your use of this site shall be governed in all respects by the laws of the State of [Company Location], without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of [Company] products) shall be in the state or federal courts located in the Commonwealth of Kentucky. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of [Company] products) must be commenced within one (1) year after the claim or cause of action arises. [Company]'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. [Company] may assign its rights and duties under this Agreement to any party at any time without notice to you.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a [Company] or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
[Company] does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, [Company] is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, [Company] reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to [Company] in its sole discretion.
You agree to indemnify, defend, and hold harmless [Company], its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, [Company] may link to sites operated by third parties. However, even if the third party is affiliated with [Company], [Company] has no control over these linked sites, all of which have separate privacy and data collection practices, independent of [Company]. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, [Company] seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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