Changes to Terms of Use
User agrees to comply with these Terms of Use, which Creative Imaging may change from time to time without notice to User. User acknowledges any changes to the Terms of Use are immediately effective upon being published to this Internet Site.
Description of Service
Creative Imaging currently provides an online web site designed to enable the sale of personalized products for consumer use ("Service"). This web site enables the composition of personalized products by allowing the end user to select a product style and template, add an uploaded digital image, and personalize the text. Creative Imaging also fabricates orders. User understands and agrees that the Service is provided "AS-IS" and that Creative Imaging assumes no responsibility for timeliness, deletion, or miss-delivery of orders, or the failure to store any user communications or personalization settings.
Pricing
Prices charged by the site are subject to change without notice. Prices are not guaranteed for a particular order until the User's credit card has been successfully charged for the order.
Privacy Policy
Creative Imaging respects User's privacy. When placing an order, User provides information including User's name, telephone number, e-mail address; mailing address, as well as order recipient name, telephone number, e-mail address and mailing address ("Private Information"). Creative Imaging will not sell, barter, lease, rent, donate or share User's Private Information. Creative Imaging will provide user's Private Information solely to enable the fulfillment of User's Order.
Image Storage
User acknowledges that this site is not intended to be a permanent archive for images, content, or finished orders. Uploaded images, text, and finished orders will be deleted at the end of each order. Creative Imaging will not be held liable for losses caused by the deletion of User's images, content, or finished orders.
Use of Images
This web site can only accept digital images that are your private property or that are properly licensed with permission from the owner of such images. Any use of licensed images or private property of any individual or business is strictly forbidden by law without the express written consent of the individual or entity that created or captured the image. Any user of this web site, who places an order using licensed images, accepts full responsibility for any laws that may be broken either deliberately or unintentionally. This web site, its assignees, and or its affiliates will not be responsible for any irresponsible actions by users of this web site pertaining to the electronic ordering of products utilizing licensed material.
Offensive Content
User agrees to not compose orders containing Offensive Content. Offensive Content includes images or text that are (1) obscene, slanderous, deceptive or pornographic (2) offensive to or disparaging of racial, ethnic, religious, or other groups, (3) inflammatory, (4) defined as obscene or offensive by applicable local, state or federal laws, (5) advocates illegal activities or (6) is harmful to minors in any way. User agrees that Creative Imaging may determine at their own discretion what content it deems Offensive Content. User agrees that Creative Imaging may choose to not produce any order that contains Offensive Content.
Accuracy of Colors
Creative Imaging strives to render orders as accurately as possible during the order entry process. However, User acknowledges that colors in the actual printed product may vary due to monitor settings, data transmission errors, rendering engine errors, printer variations, and other factors. User acknowledges that delivered product may not be an exact color match to the rendered image on the Internet Site. User indemnifies Creative Imaging for any costs User incurs as a result of variances in color reproduction including, but not limited to, returns, lost income, discounts, and punitive damages.
Customer Service and Returns
User acknowledges that Customer Service related to the purchases made on the site will be provided by Creative Imaging. Because each item is custom-made, all sales are final. Products are sold as is. Returns are not accepted.
WARRANTY
CREATIVE IMAGING MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, REGARDING ANY PRODUCT FEATURED IN THIS INTERNET SITE. CREATIVE IMAGING EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, CREATIVE IMAGING SHALL NOT BE LIABLE FOR ANY LOSSES, LIABILITIES, OR DAMAGES, INCLUDING DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING FROM THE USE OF OR RELATED TO ANY PRODUCT PURCHASED FROM THIS INTERNET SITE.
It is a violation of Federal and international law to use this Internet Site in any manner other than as presented herein.
The descriptions, suggestions, recommendations and other statements provided by Creative Imaging are for informational purposes only. Creative Imaging makes no representation or warranty, express or implied, regarding any product or product description. Creative Imaging shall not be liable for any direct, indirect or consequential damages arising from use of or reliance upon the descriptions, suggestions, recommendations or other statements contained on this site.
Credit Card Transaction Processing
User authorizes Creative Imaging to process payment for orders at the time orders are placed. This means User's credit card will be authorized and charged at that time. Orders will be fabricated and shipped within five business days of order acceptance. Shipping may take up to five business days.
Computer Equipment and Access
User agrees to cover all costs associated with User's access to this Internet Site. This includes User's computer equipment, Internet access, telephone services and software.
Computer Equipment and Access
User agrees to cover all costs associated with User's access to this Internet Site. This includes User's computer equipment, Internet access, telephone services and software.
Security
Creative Imaging utilizes Secure Socket Layer (SSL) technology with 128-bit encryption to protect Private Information and credit card information. Users of the site are responsible for maintaining the confidentiality of their account(s) and password(s) and for restricting access to their computer. User certifies that User is at least 18 years of age. Anyone under 18 years of age must have permission and accompaniment of an adult to use the site.
Applicable Law
This site is created and controlled by Creative Imaging in the State of California. User agrees that the laws of the State of California will govern all terms, conditions, and disclaimers on the site, including these Terms of Use, without giving effect to any principles of conflicts of law. Jurisdiction for any lawsuit brought by either party hereunder shall lie exclusively with the U.S. District Court for the Central District of California.
Severability
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions shall not in any way be affected or impaired thereby, and to the extent possible the parties shall cooperate to comply with the intent of the otherwise unenforceable provisions.
Unforeseen Force
Creative Imaging shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, interruptions of electrical service, or any other cause beyond reasonable control of Creative Imaging.
Entire Agreement
This agreement comprises the entire agreement between User and Creative Imaging and supersedes any prior or previous agreements between us.
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