Terms of Use for Creative Merchandise

1. Acceptance of Terms of Use and Amendments

Each time you use or cause access to this website, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Our Service

Our website and services provided to you on and through our website on an "AS IS" basis. You agree that we exclusively reserve the right and may, at any time and without notice (except as may be required under the Online Custom Website Agreement) and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Privacy Policy

Enrollment data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

4. Limited Permission to Copy

In respect of the copyright held by Creative Merchandise, you are permitted to print or download extracts from these web pages for your personal use only. No part of this website may be reproduced or transmitted to or stored in any other medium or website, nor may any pages or part thereof be disseminated in any electronic form, nor duplicated in print or copied, nor included in any public or private electronic retrieval system.

5. Warranties

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CREATIVE MERCHANDISE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, EXCEPT THOSE SPECIFICALLY STATED HEREIN. SUCH EXCLUDED WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THIS AGREEMENT, THE SERVICES TO BE RENDERED HEREUNDER AND USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, CREATIVE MERCHANDISE SPECIFICALLY DISCLAIMS ANY WARRANTY (I) THAT ITS SERVICES OR USE OF ITS SOFTWARE, HARDWARE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (II) THAT DEFECTS IN ITS SOFTWARE, HARDWARE OR WEBSITE WILL BE CORRECTED; (III) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS IN ITS SOFTWARE OR DATA TRANSMISSIONS; (IV) THAT THE SECURITY METHODS USED BY CREATIVE MERCHANDISE IN PROVIDING SERVICES WILL BE SUFFICIENT, OR (V) REGARDING CORRECTNESS, ACCURACY OR RELIABILITY OF ITS SOFTWARE, HARDWARE, INTERNET CONNECTIONS, OR DATA.

6. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATIVE MERCHANDISE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF CREATIVE MERCHANDISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE WEBSITE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE. IN SOME JURISDICTIONS, IT IS NOT PERMITTED TO LIMIT LIABILITY AND THEREFORE SUCH LIMITATIONS MAY NOT APPLY TO YOU.

7. Display of material

We shall post information supplied by enrolled users in accordance with the policies set forth herein provided that said materials are not harmful or objectionable to us and do not violate any rights of third parties or existing laws, i.e. do not violate copyright laws or any proprietary rights of any person, are not slanderous, etc.

8. Reservation of rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.

9. Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us at info@creativemerch.com.

10. Changes to the Terms of Use

In view of the unknown demand and use of this website, we reserve the right to add to or change the Terms of Use. Any changes will be posted to our website and enrolled users will be notified by e-mail. Changes will be effective three (3) hours after first posting them on the website and you will be deemed to have accepted any change if you continue to access the website after that time.

11. Applicable Law

You agree that these Terms of Use and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with California laws, without regard to its conflict of law provisions. By using this website you consent and submit to the exclusive jurisdiction and venue of the courts located in San Francisco County, California, USA.

12. Miscellaneous Information

(i) In the event that these Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under these Terms of Use and we shall be relieved of any further obligation.