|
2. Pricing,
Products and Policies
Pricing, retail policies and shipping
applicable to the purchase of Show Off Cards
are set forth on the Website, and are
incorporated into these Terms by reference.
All costs and fees are quoted in U.S.
dollars. We may in our sole discretion add,
delete or change some or all of the prices
of our products and services at any time
without notice.
3. Content Restrictions
You agree not to use the Show Off Cards
website or service:
A. To upload, order for print, or otherwise
transmit or communicate any material for any
unlawful purpose or that is obscene,
offensive, blasphemous, pornographic,
sexually suggestive, deceptive, threatening,
menacing, abusive, harmful, an invasion of
privacy, supportive of unlawful action,
defamatory, libelous, vulgar, violent, or
otherwise objectionable;
B. To upload, order for print, or otherwise
transmit or communicate any material that
depicts celebrities or celebrity likenesses,
regional, national or international leaders
or politicians, current or former world
leaders, convicted criminals, or newsworthy,
notorious or infamous images and
individuals;
C. To upload, order for print, or otherwise
transmit or communicate any material that
you do not have a right to transmit or
communicate under any contractual or
fiduciary relationship or which infringes
any copyright, trademark, patent or other
intellectual property right or any moral
right of any party;
D. To upload or otherwise transmit any
material which is likely to cause harm to
the Show Off Cards service or anyone else's
computer systems, including but not limited
to that which contains any virus, code,
worm, data or other files or programs
designed to damage or allow unauthorized
access to the Show Off Cards service or
which may cause any defect, error,
malfunction or corruption to the service;
and
E. To upload, order for print, or otherwise
transmit or communicate any material that
emulates any form of valid indicia or
payment for Show Off Cards.
You agree that if ShowOffCards.com, in its
sole discretion, determines that any
material you upload may not meet these
content requirements, ShowOffCards.com may
reject your order without explanation.
ShowOffCards.com reserves the right to
charge a processing fee of $10.00 for each
image, graphic or photograph that you submit
as an order in the Show Off Cards service
which violates our content restrictions.
In addition, in the event you violate these
Content Restrictions and you intentionally
publicize such violation, you acknowledge
that ShowOffCards.com will suffer
substantial damage to its reputation and
goodwill and that you can be liable for
causing such substantial damage.
4. Suspension and Termination of Access
You agree that ShowOffCards.com may at any
time without notice:
A. Refuse to accept your orders for Show Off
Cards service;
B. Move or suspend any part of the Show Off
Cards service; or
C. Refuse to fulfill any order, or any part
of any order or terminate your account and
delete any content stored in your account
if, in ShowOffCards.com's sole discretion,
you fail to comply with any of these Terms
or if a competent regulatory authority
requires ShowOffCards.com to do so.
Show Off Cards by ShowOffCards.com will not
be liable to you or any third party for any
suspension or termination of your access to
the Website or failure to produce any Show
Off Cards, except that Show Off Cards by
ShowOffCards.com will refund to you any
amounts paid by you for Products not
produced.
5. Copyright
You are responsible for all of the images
you upload to our site. You must have the
legal right to copy and display each image
that you upload, share or print. You should
assume that all text, graphics and images
that you find on the World Wide Web are
subject to a copyright. In general, it is a
violation of federal law to copy text,
graphics or images that are subject to a
copyright and use the copyrighted material
on Show Off Cards labels created using this
service without the consent of the owner of
the copyright. Before copying any text,
graphics or images, you must confirm that it
is in the public domain and not subject to a
copyright or obtain the consent of the owner
of the copyright to use the material. You
authorize ShowOffCards.com to cooperate with
copyright owners who claim that you have
infringed or may infringe their intellectual
property rights. This cooperation includes,
but is not limited to taking the following
action without notice: disclosing your
material and any other information you have
disclosed to us to the copyright owner or
its agent and destroying all alleged
infringing material. ShowOffCards.com may
also suspend or terminate the account of a
customer who appears to be infringing
Intellectual Property, and may take further
appropriate action.
6. Age and Geographical Requirements
You must be at least 13 years of age to use
Show Off Cards by ShowOffCards.com. If you,
your parent, or guardian has any concerns
please feel free to contact us. In addition,
ShowOffCards.com only accepts orders that
are shipped to locations within the United
States of America and its territories.
7. Responsibility for Show Off Cards
Creation and Use
You must evaluate and bear all risks
associated with the use of any of your
content and images with the Show Off Cards.
You are solely responsible for and assume
all liability arising from all Show Off
Cards that you and any other person create
or use in connection with the Website. The
fact that we produce the Show Off Cards does
not mean that: (1) we approve or endorse the
content of the Show Off Cards, (2) the Show
Off Cards complies with all applicable laws,
or (3) you will not incur any liability or
harm arising from the Show Off Cards.
Furthermore, you agree to refrain from using
the Show Off Cards service, your Show Off
Cards, or images of your Show Off Cards in
any manner that would cause damage to the
public reputation of ShowOffCards.com, its
employees, shareholders, board members, or
partners. In the event that you use or
publicly display your Show Off Cards,
including by display on the Internet, in
order to intentionally bring harm to
ShowOffCards.com, its employees,
shareholders, board members or partners,
ShowOffCards.com reserves the right to
demand the immediate return of your Show Off
Cards and to pursue any and all further
remedies available to ShowOffCards.com under
the law.
8. Privacy
ShowOffCards.com has a firm commitment to
safeguarding your privacy. Please review
Show Off Cards'
Privacy Policy.
The terms of Show Off Cards' Privacy Policy
are incorporated into, and considered part
of, these Terms.
9. Compliance with Law
You agree that you will use the Website and
any Show Off Cards ordered thereon at all
times in accordance with all applicable
United States federal, state and local laws,
statutes, regulations, and ordinances and
will not take any action that harms or
violates the rights of any person or entity.
10. Indemnity
You agree to indemnify and hold
ShowOffCards.com and its subsidiaries,
affiliates, officers, shareholders,
employees, agents, printers, contractors,
vendors, co-branders, suppliers, internet
service providers, and partners harmless
from any loss, cost, claim, demand or other
harm of any kind, including reasonable
attorneys' fees, due to or arising out of
your use of the Website, your content and/or
images, your use of the Show Off Cards, your
default under any provision in these Terms,
your violation of any laws and your
violation of any rights of another person.
11. Third Party Links
This Website may provide links to
third-party sites that might be of interest
to you. We have no control over the content
or availability of the contents of these
sites. It is your responsibility to become
familiar with each site's privacy and other
policies and terms of service, and to
contact that site's Webmaster or site
administrator with any concerns.
12. Proprietary Rights
This Website, the Show Off Cards service,
and all software, systems and processes used
in connection with the Website and service
("Software") contain proprietary and
confidential information that is protected
by applicable intellectual property and
other laws.
13. Disclaimer of Warranties
THE Show Off Cards, SERVICE, WEBSITE,
CONTENT AND/OR MATERIALS AVAILABLE THROUGH
Show Off Cards by ShowOffCards.com ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ShowOffCards.com EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ShowOffCards.com MAKES NO WARRANTY THAT ITS
WEBSITE OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT THIS
WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ShowOffCards.com
MAKES NO WARRANTY REGARDING ANY SOFTWARE,
GOODS, SERVICES, SPECIAL OFFERS, OR THE
DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES,
PURCHASED, ACCESSED OR OBTAINED THROUGH THIS
WEBSITE OR ADVERTISED THROUGH THIS WEBSITE.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL
ShowOffCards.com BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLES, EVEN IF ShowOffCards.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, THAT RESULT FROM THE USE OR THE
INABILITY TO USE THE WEBSITE OR SERVICES,
FROM ANY CHANGES TO THIS WEBSITE OR ITS
SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
15. Amendment of the Terms
We reserve the right to amend these Terms
from time to time at ShowOffCards.com's sole
and absolute discretion. If you continue to
use the Website and the services offered
therein after any such changes, you will be
deemed to have accepted those changes.
16. Applicable Law and Jurisdiction
These Terms shall be governed by and
construed in accordance with the laws of the
State of North Carolina. Any disputes
arising under or in connection with these
Terms shall be subject to the jurisdiction
and venue of the state and federal courts
located in Guilford County, North Carolina.
17. General Information.
No agency, partnership, joint venture,
employee-employer or franchisor-franchisee
relationship is intended or created by these
Terms. We may assign our rights and
responsibilities hereunder without notice to
you. The failure of a party to exercise or
enforce any right or provision of these
Terms will not constitute a waiver of the
right or provision. Our failure to act with
respect to a breach by you or others does
not waive our right to act with respect to
subsequent or similar breaches.
All items purchased through Show Off Cards
by ShowOffCards.com are made pursuant to a
shipment contract. This means that the risk
of loss and title for such items pass to you
upon our delivery to our carrier.
If any part of these Terms is held to be
invalid or unenforceable, then the invalid
or unenforceable provision will be deemed
superseded by a valid, enforceable provision
most closely matching the intent of the
original provision and the remainder of the
Terms will continue in effect.
These Terms constitute the entire agreement
between you and us with respect to this Show
Off Cards service, and supersede all other
communications, written or oral, with regard
to the service. |
