Designable Images (the “Company”) is referred to in these Terms and Conditions as "we" and "us".
Acceptance of Terms
Welcome to www.designableimages.com (the “Site”). Designable Images provides its Site and related products to you subject to the following Terms and Conditions. If you do not agree with any of the Terms and Conditions set forth below, please do not access or otherwise use the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth below.
Subject to Change Without Notice; Severability
We reserve the right to make changes to our Site, policies, and these Terms and Conditions at any time and in our sole discretion; therefore, you should review our policies, Terms and Conditions each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. If any of the Terms and Conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
You agree that the information that you provide to us on registration, checkout, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Internet enabled device, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Under no circumstances do we rent, trade or share your e-mail address with any other company for their marketing purposes without your consent. We use your personal information for internal purposes such as processing and keeping you informed of your order. You may, from time to time, receive information from us about new features, new services and special offers we think you'll find valuable.
If you are no longer interested in receiving e-mail announcements and other marketing information from us, please e-mail your request to firstname.lastname@example.org. Please include your complete name, e-mail address and mailing address. Please note that you may still receive customer service related communications from us.
We may disclose the personal and non-personal information of our customers to any successor-in-interest of ours, such as a company that acquires our business. We may need to disclose your personal information when required by law or when we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.
You acknowledge and agree that any content, including but not limited to text, data, photos, graphics or other material contained or distributed on or through the Site, by Designable Images, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received or purchased through the Site without the authorization of Designable Images. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content made available or purchased through the Site, in violation of applicable copyright and other intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, photographs purchased through the Site, use of the Site or access to the Site without Designable Images’ express written consent.
To request permission to re-print, re-produce, or transmit copyright protected material on the Site, please contact us at email@example.com. Notices and procedure for making claims of copyright infringement Pursuant to Title 17, United States Code, Section 5.12(c)(2), and notifications of claimed copyright infringement should be sent to: firstname.lastname@example.org.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.
You agree to indemnify, defend and hold harmless Designable Images, its subsidiaries, affiliates, partners, distributors, licensors, advertisers, directors, officers, employees, consultants, agents and any third-party information providers against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) use or misuse of any products or other content ordered from Designable Images, (b) any violation of these Terms and Conditions or (c) any violation of any rights of a third party.
Disclaimer of Warranty
DESIGNABLE IMAGES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS", “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, DESIGNABLE IMAGES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ITS PRODUCTS. WE DO NOT WARRANT THAT THE PRODUCTS WILL BE ERROR-FREE AND WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DESIGNABLE IMAGES AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, DISTRIBUTORS, LICENSORS, ADVERTISERS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR THIRD PARTY INFORMATION PROVIDERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT
OF OR RELATING IN ANY WAY TO THE DESIGNABLE IMAGES SITE OR ANY OF ITS PRODUCTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DESIGNABLE IMAGES’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00. IN THE EVENT OF ANY MISTAKE BY DESIGNABLE IMAGES, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
Pricing, Shipping, and Terms of Sale
Prices for products are described on the Site and are incorporated into these Terms and Conditions by reference. All prices are in US dollars. Prices and products may change at Designable Images’ discretion. Title and risk of loss for all products ordered by you shall pass to you on shipment. Purchases are subject to Designable Images Return Policy. Designable Images reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
?Shipping and handling costs will be applied at checkout. This charge contemplates delivery throughout the United States (excluding Alaska and Hawaii). Designable Images will ship outside of the United States, but additional charges may apply. If you plan to order one of our products and want to have it shipped outside of the United States, please contact email@example.com prior to placing your order to receive an accurate shipping and handling quote.
Correction of Errors and Inaccuracies
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any of these Terms and Conditions.
Suggestions and Ideas
Many of our customers are interested in submitting ideas and suggestions for photographs, products and services to be used by Designable Images, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our offerings; however, please note that any such ideas or suggestions that you submit will be owned by Designable Images, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Designable Images. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending an email to firstname.lastname@example.org. If we are interested in pursuing any idea or suggestion of yours, we will contact you.
Designable Images products are customized and therefore all sales are final. We stand behind all of our products and hope you are thrilled with the quality of every order you receive from us. To the extent you are not completely satisfied due to an error or product defect, please contact email@example.com within 14 days of delivery of your order to request a product replacement which shall not be unreasonably denied.