Designs On You, LLC
Designs On You, LLC (“the Company”) provides services and products in screen printing, embroidery, graphic design, and digital heat-set printing both in person and online (the "Services").
1. Acceptance of Agreement
All materials displayed or otherwise accessible through the Site, including without limitation, text, logos, graphics, photographs, images, and illustrations (collectively, the "Content") are intellectual property of their individual owners and may as such be protected under copyright laws. You acknowledge that the Content is the property of the Company or other applicable owners, as indicated, or as the case may be. In addition, the Site is protected under copyright law as a collective work and/or compilation pursuant to United States laws. The copying, redistribution, use or publication by you of any such Content or any part of the Site, except as allowed, is strictly prohibited. You do not acquire ownership rights to any Content obtained through the Site. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content to which access is gained through the Site.
3. Limited Right to Use
Notwithstanding the foregoing, and subject to the terms and conditions of this Agreement, you are hereby granted the right to: (i) input your applicable information, as requested by the Services, within and through the Site; (ii) access, view and use the Site for your personal, non-commercial use; and (iii) download, store, and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
4. Order Acceptance and On-line Payment
Upon the completion of the registration process, the Site will provide you with a confirmation and further instructions. Notwithstanding the foregoing, your final acceptance and/or completion of the registration process is at the sole discretion of the Company.
Your receipt of an electronic message or form or other form of confirmation of payment does not signify the Company’s receipt of acceptance of your payment. Your payment shall be deemed to constitute an offer to pay, which will be accepted by the Company only upon successful payment through Stripe. Notwithstanding the foregoing and for greater certainty, the Company assumes no responsibility or liability in respect of Your contract(s), relationships, negotiations or any other dealings with Stripe, all of which are strictly between You and Stripe in all circumstances.
In the event of a delay in or failure of performance under this Agreement by the Company which arises by reason of force majeure, including without restriction an act of God, an act of any government or any governmental body, an act of war or terrorism, the elements, a strike, a lockout or a labor dispute, or any cause beyond the reasonable control of the Comapny, the Company shall not be responsible, and the Company shall use its commercially reasonable efforts to mitigate the effect of such force majeure, but nothing in this clause shall require the Company to settle a labor dispute in order to render performance.
You hereby waive and release the Company from any and all claims for damages or compensation arising from such delay or failure of performance.
5. Editing, Deleting and Modification
The Company reserves the right in its sole discretion to edit or delete any documents, information, forms or other content appearing on the Site.
You agree to release, indemnify, defend and hold the Company and its officials, employees, agents and representatives harmless from any liability, loss, claim and expense, including reasonable lawyer's fees, related to your violation of the Agreement or use of the Site.
The Company provides the Site on an "as is", "as available", basis, for your convenience in viewing our products and services and purchasing products online. The Company does not make any express or implied warranties, representations or endorsements with respect to the Services, the Site or specific event services or offerings, including, but not limited to, warranties as to merchantability and fitness for a particular purpose, operation, non-infringement, usefulness, completeness, accuracy and reliability. Further, the Company does not represent and warrant that the Site will be available or meet your requirements, that access will be uninterrupted, that there will be no delays, failures or errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of your data, hardware and software and to take reasonable and appropriate precautions against viruses and other contaminating or destructive properties.
8. No Liability
All matters concerning the services or products you contract for with the event(s) or organization(s), including but not limited to purchase terms, payment terms, warranties, guarantees, services received, entry, refusal of entry, data errors or otherwise are solely between you and applicable organization. The Company will not be liable to you or anyone else for any damages whatsoever, including any direct, indirect, special, incidental or consequential damages, arising out of or in connection with Your use of the Site, the Services or any services and products You purchase from the organizations, even if the Company has been advised of the possibility of such damages.
You are responsible for maintaining the confidentiality or Your login ID and password (your “Registration”). You shall be responsible for all uses of your Registration, whether or not authorized by you, and for all associated charges. You agree to immediately notify the Company of any unauthorized use or your Registration.
9. Collection, Use, and Disclosure of Personal Information
10. No Harmful Use
You agree not to introduce into or through the Site any information or material which may be harmful to others. You warrant that information or material that you provide to the Site electronically through your access to or use of the Site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you shall not:
(a) implement procedures to protect Personal Information;
(b) impersonate any other person or entity or make any misrepresentation including but not limited to falsely representing yourself as the parent or legal guardian of a minor for whom you have no legal control;
(c) upload, post, transmit, publish or distribute any material or information to the Site which contains a computer virus or other code, files or programs intended in any manner to disrupt or interfere with the functioning of the Site;
(d) use the Site in such a manner as to gain unauthorized entry or access to the computer systems, networks or information of others, or attempt to gain unauthorized entry or access to any password-protected or restricted areas of the Site or the Company's computer or network systems;
(e) violate any law or regulation or any generally accepted Internet practice or interfere with any other Site user's ability to use the Site and any of the services or products provided on the Site;
(f) forge, alter or modify in any way any of the agreements, policies or other information posted or accessible within the Site;
(g) transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable or that may invade another's right of privacy;
(j) delete or revise any material posted by any other person or entity unless authorized to do so by the management of the Company;
(k) manipulate or otherwise display the Site by using framing or similar navigational technology; or
(l) use the Site or Services if You are less than 13 years old without parental consent or permit the use by any such individual without parental consent.
11. Termination of Site Use
At the Company's sole discretion, the Company may terminate or refuse to permit the use of any services on the Site and of the Site by any person, for any reason and without notice.
12. Applicable Law
This Site originates in the United States of America. The Site and the Agreement will be governed by and construed in accordance with the laws of the State of Alabama and the laws of the United States of America applicable in the state, without regard to conflict of law principles. Any claims, disputes or legal proceedings arising out of or in connection with the Site or the Agreement shall be brought solely in the courts of the State of Alabama. By accessing or using the Site you expressly submit to the exclusive jurisdiction of those courts, without regard to the conflict of laws principles thereof, to determine any claim, action or proceeding arising out of or in connection with the Site and the Agreement. You and the Company require that this Agreement and all documents relating thereto be drawn-up in English.
The provisions of this section and sections 2, 3, 4, 6, 7, 8 and 12 of this Agreement shall survive the expiry or termination of this Agreement for any reason.
The Companyuses administrative, contractual, physical, and technical means to protect against the unauthorized access to personal information, such as confidentiality agreements with employees, firewalls, Secure Sockets Layer protocol, user names and passwords. Although the Company takes reasonable steps concerning security of this Site, no website is completely secure from unauthorized access and the Company disclaims any such responsibility and liability.
Except for any agreements between you and the Company that expressly reference this Agreement, this is the entire agreement between the Company and you regarding your use of the Site and Services. The Company's failure to insist upon or enforce any provision of the Agreement shall not be considered a waiver of such provision or of the right to enforce such provision. If any part of the Agreement is determined to be void, invalid or unenforceable, the remaining parts will not be affected and will remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.
If you have any questions or comments about this Agreement, please contact the principal member of Designs On You, LLC, at firstname.lastname@example.org
This Agreement was approved on January 21, 2016.