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User Agreement
Terms of service: an agreement between you and
Contees to enter and use this website and services
Welcome to the Contees website and services.
We hope you enjoy your use of our facilities. Please
appreciate and understand that this is a legal world
and that you, by not immediately leaving this
website now or immediately after reading our terms
of service are accepting our services under the
terms of this agreement.
It is your obligation to keep your self informed of
any changes that may occur between visits, as using
our services each time is under the condition that
you accept all our terms and conditions. We may
change our terms and conditions from time to time
without expressly informing you.
1 Contees Services:
- Create, design, customize products that are
listed for sale.
- Buy products that are listed for sale
- Save and share designs that your may have
created.
- Use our fun picture and design tools.
- Save created images and designs into public
and personal galleries.
- Post your created images to social networks
or bloggs that you have the legal right to do so
- Registering to subscribe to special offers
and use of galleries.
2 Using our Contees Services and Website:
In consideration of the promises and obligations
given and assumed herein, and intending to be
legally bound, these Terms of Use provide as
follows.
2.1 ELIGIBILITY CHILDREN UNDER 18.
Contees will only knowingly provide products or
services to persons who can lawfully enter into and
form contracts under applicable law.
If you are under the age of 18, but at least 13
years of age, you may order products or services
only under the supervision of a parent or legal
guardian who agrees to be bound by these Terms of
Use.
Children under the age of 13 may view the Website
but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates
a contrary intention:
- Intellectual Property Rights means all
industrial, commercial and intellectual property
rights (including equivalent, neighbouring or
proximate rights anywhere in the world that
currently exist or are recognised in the
future).
- A person means any form of legal entity as
well as any quasi-legal entity.
- A User means any person using the website
and/or services provided by Piki Print
- A reference to any document, material,
information or data includes that document,
material, information and data howsoever stored,
recorded or embodied, including in any
electronic or digital media or otherwise.
- The word includes in any form is not a word
of limitation.
3 User's Obligations
3.1 Responsibilities
Users are and shall be wholly and exclusively
responsible, at their own cost, for:
- all telecommunications lines, modems,
communication controllers, routers,
multiplexers, terminals and all other equipment,
hardware and software necessary to access and
use the Website and services;
- the use that it makes of the Website ,
including any article, material, literary or
artistic work, design or other matter that they
author, invent, create, develop or produce;
- complying with all laws, regulations and
rules in the uses country or jurisdiction;
- complying with any recommendations or
guidelines issued by Contees with respect to the
use of the Website and/or services and
- ensuring that all electronic or other media
it uses in connection or in conjunction with the
Website and the services provided complies with
these Terms of Use and all applicable laws,
regulations and rules.
3.2 Restrictions on Users
Users shall not and has no right to either:
- reproduce, publish, distribute, sub-license
and/or resell either the Website and/or service
to any person; or
- use either the Website to supply any service
to any person; or
- modify, adapt, disassemble, recompile and/or
reverse engineer either the Website or service;
- access or use either the Website and/or
service to create, author, design, manufacture,
market, publish, transmit, broadcast, distribute
or sell any article, product, material or other
matter that either:
- infringes the rights of any person,
including, without limitation, Intellectual
Property Rights, trade secrets, rights of
privacy and publicity.
- is libellous, defamatory or slanderous,
- condones, promotes, contains or links to
adware, cracks, hacks or similar utilities
or programs,
- contains explicit sexual content,
- does or may denigrate or offend any
ethnic, racial, gender, religious or other
group, through use of language, images,
stereotypical depiction or otherwise,
- is designed to or does harass, threaten,
defame or abuse others,
- exploits images or the likeness of
minors,
- encourages the use of drugs or the
under-age use of alcohol or cigarettes, or
- is generally offensive or in bad taste;
- use "Spam", "blast-faxes" or recorded
telephone messages to market or sell any
products or services,
- use, transfer or implant a virus, routine or
any computer program or technology that
disrupts, disables, interferes with or otherwise
has a detrimental affect on the Website and/or
the PIKIWARE® Platform,
- take any action that imposes any
unreasonable or disproportionately large load on
the Website or the Service,
- use a robot, spider or other device or
process to monitor the activity on or copy pages
from the Website or the Service,
- collect electronic mail addresses or other
information from our Website,
- impersonate another person or entity,
- engage in any activity that interferes with
any persons ability to use or access the Website
and/or services, or
- assist, procure or aid any person to engage
in any activity prohibited by these Terms of
Use; or
- frame or link or otherwise use or display
the Website in such a manner so that it appears
to be part of its own or someone else's website,
without specific agreement.
USER ACKNOWLEDGES AND AGREES THAT Contees MAY IN ITS
SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND
WITHOUT NOTICE, TERMINATE THESE TERMS OF USE,
DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE
AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY
USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS
PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY
RELEVANT LAW, REGULATION OR RULE.
4. Contees Obligations
4.1 Access to and use of the Website and
Services Subject to user complying with and
discharging each of its obligations under these
Terms of Use, Contees shall allow user to access and
use the Website and the services .
4.2 Privacy: Contees may collect
personal data concerning the user in the course of
and incidental to users use of the Website and
services. Contees shall comply with, and user hereby
consents irrevocably and unconditionally to Conteess
collection, use and disclosure of such data in
accordance with, its Privacy Policy (the terms of
which may be accessed through the link on the
Website).
4.3 Training
User acknowledges that Contees has no obligation to
user to provide any training or other support in
relation to the use or operation of the Website
and/or services.
4.4 Modification of the Website.
Contees reserves the right to modify the
organization, structure, content or "look and feel"
of the Website and/or the services, and may change,
suspend, or discontinue any aspect of the Website
and/or the service at any time without notice or any
liability to user or any person. Contees shall have
complete discretion over the features, functions and
other terms and conditions on which the Website and
the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
user acknowledges that these Terms of Use do not
convey and that it derives no right, title or
interest in or to any Intellectual Property Rights
that vest or subsist in or relate to the Website
and/or the services provided other than pursuant to
the express authorisation set out in clause 4.1.
Contees grants user a limited revocable licence to
access and use the Website and the service for its
intended purposes, subject to users compliance with
these Terms of Use. This licence does not include
the right to collect or use information contained on
the Website for purposes prohibited by Contees; to
compete with Piki Print; to create derivative works
based on the layout or design, look-and-feel, or
structure of the Website; or download or copy the
Website (other than page caching). If user uses the
Website in a manner that exceeds the scope of this
licence or if it breaches these Terms of Use,
Contees may revoke the licence and deny access to
and use of the Website.
5.2 Prohibition on infringement
User acknowledges and agrees that Contees does not
permit, authorise or condone and hereby expressly
prohibits user from accessing or using the Website
and/or the services in a manner that infringes, or
is likely to infringe, the Intellectual Property
Rights, or any other rights or privileges, of any
person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any
Intellectual Property Rights in any original
material that it authors, designs or creates using
the functionality provided by the Website. If the
user chooses to add any item to a public gallery, In
consideration of the authorisation granted under
clause 4.1, User hereby grants to Contees an
irrevocable, perpetual, non-exclusive, world-wide
licence to do all acts and things (including to
authorise other persons to do all acts and things)
comprised within the said Intellectual Property
Rights.
6. Registration
User Account, Password, and Security You will
receive a password and account designation upon
completing the Site's registration process. You are
responsible for maintaining the confidentiality of
the password and account, and are fully responsible
for all activities that occur under your password or
account. You agree to (a) immediately notify Contees
of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that
you exit from your account at the end of each
session. Contees cannot and will not be liable for
any loss or damage arising from your failure to
comply with this Section 6.
7. Warranties
7.1 Users warranties
User represents and warrants to Contees that, in its
use of the Website and the Services provided, it:
- will not infringe the Intellectual Property
Rights, trade secrets, rights of privacy, rights
of publicity or other legal right of any person,
and
- will comply with all applicable laws, rules,
and regulations.
- User further represents and warrants to
Contees that:
- there are no claims, demands or any form of
litigation pending, or to the best of its
knowledge, threatened with respect to any
content used or proposed to be used by user;
- Contees will not be required to make any
payments or compensation to any person in
connection with its use of such content; and
- such content does not contain viruses or any
other programs or technology which disrupts or
damages the Website and/or the Services
provided.
7.2 Conteess warranties
Contees represents and warrants that it has the
right to grant access to and license the use of the
Website and services to user subject to and in
accordance with these Terms of Use.
7.3 Caveats
- Contees provides the Website and Services on
an "as is" and "as available" basis. Nothing in
these Terms of Use shall or may be construed as
a representation or warranty by Contees that the
functionality or operation of the Website and/or
the services will:
- be uninterrupted or free of errors and
inaccuracies;
- meet users requirements; or
- operate in the configuration or with the
hardware or software used by user.
- User acknowledges and agrees that the
Website and the service (as with technology
generally), may have errors (or bugs) and may
encounter unexpected problems. Accordingly, user
may experience downtime and errors in the use or
operation of the Website and/or services
provided.
- Contees does not and cannot control the flow
of data and information through the internet,
and such flow depends on the performance of
persons and entities whose actions or inactions
may produce situations in which connections to
the internet (or portions thereof) are impaired
or disrupted and for which Contees is not
liable.
- Contees does not warrant that any data,
information or other content provided on the
Website, whether concerning any goods or
services or any other subject, is complete or
accurate.
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS,
WARRANTIES, REPRESENTATIONS, INDEMNITIES AND
GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY
OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY
Contees, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE,
LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN
THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS
FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT)
ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
(a) User acknowledges that neither Contees nor any
person acting on Piki Prints behalf has made any
representation or other inducement to user to enter
into these Terms of Use, except for representations
or inducements expressly set out in these Terms of
Use.
(b) User acknowledges and confirms that it does not
enter into these Terms of Use in reliance on any
representation or other inducement by or on behalf
of Contees, except for representations or
inducements expressly set out in these Terms of Use.
8. Exclusion and Limitation of Liability
8.1 Subject to law
Nothing contained in these Terms of Use excludes,
restricts, limits or modifies any:
(a) implied condition, warranty or other term of
these Terms of Use where pursuant to applicable law
to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms
of Use where pursuant to applicable law to do so is
unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by
the negligence of either party.
8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall
Contees be liable to user or to any person under or
in connection with these Terms of Use or in respect
of the use of (or failure or performance of) the
Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or
omissions or any other default or liability caused
directly or indirectly by:
- any third party;
- actions of user that were not expressly
authorised by Contees;
- accident, misuse or abuse by anyone other
than Contees;
- alteration or modification of the Website
and/or the service, or any component or part of
the Website and/or the service provided, by
anyone other than Contees;
- products (including any hardware or
software) or services not licensed or supplied
by Contees;
- power surge or failure,
- events of force majeure or events outside
Conteess actual control; or
- any other condition not arising under normal
operating conditions;
(b) any loss, cost, damage or expense of any nature
arising or caused directly or indirectly by any
breach of users obligations or responsibilities set
out in these Terms of Use;
(c) any loss of profit, business interruption, loss
of or damage to goodwill, and/or any expectation
benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special,
exemplary or punitive damages of any nature, whether
such liability is asserted on the basis of common or
civil law or in equity, including pursuant to any
statute, contract, tort (including negligence or
strict liability) or otherwise and notwithstanding
that Contees has been advised of the possibility of
any particular loss or damage.
8.3 Links
Contees may, in its sole and unfettered discretion,
and without users consent, place links on the
Website to other websites that are owned or operated
by other persons. User acknowledges and agrees that
Contees is not responsible for the operation of or
content located on any such website, and Contees
cannot and does not warrant that the content of such
websites is accurate, complete, legal and/or
inoffensive. By choosing to link to these other
websites, user acknowledges and agrees that it may
not make any claim against Contees for any damages
or losses of any kind arising from the other website
and/or the link.
8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent
specifically excluded under Clause 8.2 or elsewhere
in these Terms of Use, Contees's sole liability to
Subscriber for any and all breaches of any term or
terms of these Terms of Use, whether express or
implied, shall be limited to the substitution or
replacement of any product or service that has been
ordered and paid for by Subscriber using the
Website.
8.5 Indemnity User shall indemnify
and hereby releases unconditionally Contees ,
without set off or adjustment, against and from any
liability, loss, cost, expense or damage, including
all legal fees, arising from or relating to: (a) its
use of the Website and/or services and/or the media
or content posted or uploaded by it, including any
alleged or actual violation of any law directly or
indirectly arising from such use; (b) any breach or
alleged breach by it of these Terms of Use; (c) the
misuse or misappropriation of the said media or
content; and (d) any infringement or alleged
infringement by user of any persons Intellectual
Property Rights, rights of privacy or publication,
or otherwise anywhere in the world.
9. Termination
9.1 Termination
(a) At any time and with or without cause, Contees
may immediately terminate either these Terms of Use
or any or all rights and privileges granted to user
hereunder, including suspending users access to
and/or use of the Website and/or the Services
provided by Contees. In no event shall any such
termination or suspension by Contees relieve user of
any obligation that has accrued under these Terms of
Use prior to the date of such termination or
suspension.
(b) user may terminate these Terms of Use at any
time by ceasing to enter the website and using the
services
9.2 Effect of termination
(a) On any expiry or termination of these Terms of
Use, Contees may delete any websites, web pages,
files, graphics, media or other content or material
relating to users use of the Website and/or the
Services provided and Contees shall have no
liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use
shall not prejudice or affect any cause of action,
right, remedy or defence which shall have accrued or
shall thereafter accrue to either party.
10. General
10.1 Severability
If a clause or any part of any clause of these Terms
of Use or a right or remedy of a party under these
Terms of Use, is found to be void, invalid or
unenforceable by any court or tribunal having
jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that
jurisdiction only to the extent that it is void,
invalid or unenforceable; and
(b) it does not effect the validity or
enforceability of that term or clause in another
jurisdiction or the remaining terms or clauses in
any jurisdiction.
10.2 Variation
Contees may amend unilaterally these Terms of Use in
its sole and unfettered discretion at any time, and
user hereby agrees to abide by and be fully bound by
such amended terms. The amended terms shall be
effective automatically and immediately once they
are posted on the Website, and user's continued
access and use of the Website and the Services on or
after such effective time constitutes the user's
unequivocal and unconditional acceptance of the
amended terms. These Terms of Use may not be
otherwise amended. If user does not agree to any
amendments to these Terms of Use or to any of the
current terms, its only right and remedy is to cease
using the Website and the Contees services.
10.3 Waiver
A waiver, consent, election or acquiescence given by
a party under these Terms of Use is only effective
and binding on that party if it is given or
confirmed in writing by that party.
10.4 Assignment
(a) Contees may at any time transfer, assign, novate
or otherwise dispose of any or all of its rights or
obligations under these Terms of Use on giving user
no less than five (5) days notice in writing.
10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and
construed in accordance with the law in force for
the time being in Delaware, United States of America
(without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive
jurisdiction of the courts of Delaware, and the
courts competent to determine appeals from those
courts, with respect to any proceedings that may be
brought at any time relating to these. |
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