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Terms of Service

 

Terms of Use User Agreement

Discount Photo Gifts PROVIDES ITS WEBSITE AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. Discount Photo Gifts CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND Discount Photo Gifts MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT service2@DiscountPhotoGifts.com

If your Content is uploaded as a design for products available to other users on this Site, you grant the additional rights set forth in the Non-Exclusive License Agreement that is incorporated herein by this reference.

User Account, Password, and Security

You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to immediately notify Discount Photo Gifts of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Discount Photo Gifts cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

User Conduct

In using this Site, you agree to not: upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortuous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property. impersonate any person, entity, company or falsely state or otherwise misrepresent your affiliation with a person, entity or company; incorporate images or names that would violate a person's right of privacy or publicity; or incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness; upload, download, post, email or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written consent from the owner. You cannot create a "new" image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances; upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation; upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; upload, download, post, email or otherwise transmit false or misleading information; disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites; access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of any Discount Photo Gifts affiliated sites may be subject to prosecution; disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites; frame, link or use API to the Site except as permitted in writing by Discount Photo Gifts; You acknowledge that Discount Photo Gifts does not pre-screen submitted content, but that Discount Photo Gifts and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any content that is available via the site. Upon placing your order, you acknowledge that Discount Photo Gifts may review your order, and the content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this agreement. Without limiting the foregoing, Discount Photo Gifts and its designees shall have the right to remove any content that violates the agreement or is otherwise objectionable to Discount Photo Gifts. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, Discount Photo Gifts. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Discount Photo Gifts nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Discount Photo Gifts's production of any product depicting your Content does not indicate that Discount Photo Gifts approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

You acknowledge and agree that Discount Photo Gifts may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Discount Photo Gifts, its users and the public.

You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You agree that you are responsible for actions and communications undertaken under your account. Discount Photo Gifts takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Discount Photo Gifts and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Discount Photo Gifts and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

You agree that you will use this Site and any products, ordered on this Site 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.

 


 

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