The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and MakeStickers Service. These TOS describe your rights and responsibilities and what you can expect from the MakeStickers Service. If you do not read, understand, and agree to all the TOS, you may not use the Web Site.
Use of the MakeStickers Website and Service
Eligibility
MakeStickers will only knowingly provide MakeStickers Service to parties that can lawfully enter into and form contracts under applicable law. MakeStickers Web Site and Service are not meant for children under 18. By using the MakeStickers Service you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these TOS.
Compliance with TOS and Applicable Law
You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the MakeStickers service and the Web Site.
Your License to MakeStickers Service and Web Site
(a) -
MakeStickers solely and exclusively owns all intellectual
property and other right, title and interest in and to the MakeStickers
Service and Web Site, except as expressly provided for in these TOS.
The copyrights in and to the website, and certain
technology used in providing the MakeStickers Service. You will not
acquire any right, title, or interest therein under these TOS or
otherwise.
(b) -
MakeStickers grants you a limited revocable license to access and use
the Web Site and the MakeStickers Service for its intended purposes,
subject to your compliance with these TOS. This license does not
include the right to collect or use information contained on the Web
Site for purposes prohibited by MakeStickers; create derivative works
based on the content of the Web Site for purposes prohibited by
MakeStickers; create derivative works based on the content of the Web
Site; or download or copy the Web Site (other than page caching). If
you use the Web Site in a manner that exceeds the scope of this license
or breach this TOS, MakeStickers may revoke the license granted to you.
(c) -
MakeStickers retains all rights related to preview images of uploaded
Content on the Web Site. If you wish to use a preview image for
promotional purposes, please contact MakeStickers for written permission
to do so.
Third-Party Services
MakeStickers may use third parties to provide certain services accessible through the Web Site. MakeStickers does not control these third parties or services, and you agree that MakeStickers will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with MakeStickers's TOS, agreements or policies, you must comply with MakeStickers's TOS, agreements, or policies as applicable.
(a) -
MakeStickers has licensed with publishers of several clip-art and photo
libraries to use their art when making stickers, signs and posters.
This license does not extend to end users. You may not copy or
reproduce our sign, poster or sticker images on the Web Site, or
reproduce our printed products which contain this copyrighted material.
General Rules
Prohibited Use
Except as may be expressly permitted by MakeStickers you may not: (i)
interfere with the MakeStickers Service by using viruses or any other
programs or technology designed to disrupt or damage any software or
hardware; (ii) modify, create derivative works from, reverse engineer,
decompile or disassemble any technology used to provide the MakeStickers
Service, (iii) use a robot, spider or other device or process to monitor
the activity on or copy pages from the Web Site, except in the operation
or use of a "search engine", hit counters or similar technology; (iv)
collect electronic mail addresses or other information from third
parties by using the MakeStickers Service; (v) impersonate another
person or entity; (vi) engage in any activity that interferes with
another user's ability to use or enjoy the MakeStickers Service; or (ix)
assist or encourage any third party in engaging in any activity
prohibited by these TOS.
Description
As part of the MakeStickers Service, MakeStickers offers a service that allows you to upload images and data ("Content") to the Web Site to create, produce and purchase products featuring the uploaded Content for your own use.
Delivery of Content
You will upload or deliver to MakeStickers all Content that you want to use with the Service in accordance with the applicable instructions on the Web Site. MakeStickers may, in its sole and exclusive discretion, determine whether any Content complies with such instruction and is satisfactory for use with the service.
Licensing Your Content to MakeStickers
You will retain ownership of the Content that you upload to the Web Site. You hereby grant to MakeStickers nonexclusive, right and license to use such Content, in all media existing now or created in the future, as MakeStickers deems necessary to enable you to use the Service to create and produce products for you as long as your Content remains uploaded to the Web Site. This license is to enable MakeStickers to produce your order. MakeStickers will not sell your Content to other individuals.
Submissions
When you submit questions, comments, suggestions, material submitted via web forms, communications or other information ("Submissions"), you grant MakeStickers permission to use such submissions for marketing and other promotional purposes. You agree that MakeStickers will have no obligation to keep any Submissions confidential and you will not bring a claim against MakeStickers based on "moral rights" or the likes arising from MakeStickers's use of a Submission. This section does not apply to your Content that you use in connection with the MakeStickers Service.
Representations and Warranties
Mutual Representations and Warranties
You represent and warrant to MakeStickers and MakeStickers warrants to
you: (i) that you or it has the full power and authority to enter into
and perform under these TOS, (ii) the execution and performance of your
or its obligations under these TOS do not constitute a breach of or
conflict with any other agreement or arrangement by which you or it is
bound, and (iii) these TOS are a legal, valid and binding obligation of
the party entering into these TOS, enforceable in accordance with their
terms and conditions.
By You
You represent and warrant to MakeStickers that, in your use of the
MakeStickers service you: (i) will not infringe on the copyright,
trademark, patent, trade secret, right of privacy, right of publicity or
other legal right of any third party and (ii) will comply with all
applicable laws, rules and regulations. You further represent and
warrant to MakeStickers that: (i) there are no claims, demands or any
form of litigation pending or, to the best of your knowledge, threatened
with respect to any of your Content; (ii) MakeStickers will not be
required to make any payments to any third party in connection with its
use of your Content, except for the expenses that MakeStickers incurs in
providing MakeStickers service; (iii) the use of any instructions,
formulae, recommendations, or the like contained in your Content will
not cause injury to any third party; and (iv) your content does not
contain viruses or any other programs or technology designed to disrupt
or damage any software or hardware.
Disclaimer of Warranties
The Service and the materials available on or through the Service are
without warranties or conditions of any kind either expressed or
implied. MakeStickers provides the web site and MakeStickers Service on
an "as is, with all faults" and "as available" basis. To
the fullest extent permissible under applicable law, MakeStickers
disclaims all warranties and conditions, expressed or implied,
including, but not limited to, implied warranties and conditions of
merchantability, merchant quality, correspondence to description and
fitness for a particular purpose. MakeStickers does not represent or
warrant that the Service will be uninterrupted or error-free, that
defects will be corrected, or that this site or the server that make it
available, are free of viruses or other harmful components. MakeStickers
does not represent or warrant that the materials or the results of the
use of the materials available through the Service or from third parties
will be correct, accurate, timely, reliable, or otherwise.
Exclusion of Damages
To the full
extent allowed by applicable law, you agree that neither MakeStickers
nor any of its suppliers be liable to you and/or any other person for
any consequenial or incidental damages (including but not limited to
lost profits, loss of privacy or for failure to meet any duty, including
but not limited to any duty of good faith, lack of negligence or of
reasonable care or workmanlike effort) or any other indirect, special,
or punitive damages whatsoever that arise out of or are related to the
site, sellers, services or to any breach of the terms by MakeStickers,
even if MakeStickers has been advised of the possibility of such damages
and even in the event of fault, tort (including negligence) or strict
liability. Your direct damages shall be limited to the amount incurred
by you in reasonable reliance, up to any amount that you paid to
MakeStickers (if more) for the service causing your damage.
Shipping Error
In accordance with UPS, FeDEX and USPS policy, shipping errors and delays due to weather
and or "acts of God" are non-refundable.
Product Liability
MakeStickers will not be liable to you or any third party for damages
arising out of use or misuse of its products or services including but
not limited to damage to surfaces used in application of bumper
stickers.
Indemnification
You must
indemnify and hold MakeStickers and its employees, representatives,
agent, affiliates, directors, officers, managers and shareholders (the
"Parties") harmless from any damages, loss, or expense (including
without limitation, attorney's fees and costs) incurred in connection
with any third-party claim, demand or action ("Claim") brought against
any of the Parties alleging that you have breached any of these TOS. If
you have to indemnify MakeStickers under this Section, MakeStickers will
have the right to control the defense, settlement, and resolution of any
claim at your sole expense. You may not settle or otherwise resolve any
claim without MakeStickers's express written permission.
Termination
Termination
MakeStickers may suspend or terminate your use of the Web Site or MakeStickers Service if it believes, in its sole and absolute discretion that you have breached a term of these TOS.
Survival
These TOS will survive indefinitely unless and until MakeStickers chooses to terminate them.
Effect of Termination
If you or
MakeStickers terminates your use of the Web Site or MakeStickers
Service, MakeStickers may delete any Content or other materials relating
to your use of the MakeStickers Service on MakeStickers's servers or
otherwise in its possession and MakeStickers will have no liability to
you or any third party for doing so.
Notice
All notices required or permitted to be given under these TOS will be in
writing and delivered to the other party by any of the following
methods: (i) U.S. Mail, (ii) overnight courier, or (iii) electronic
mail. If you give notice to MakeStickers, you must use the following
address: 18621 81st Ave, Tinley Park, IL 60487.
If MakeStickers provides notice to you,
MakeStickers will use the contact information provided by you to
MakeStickers. All notices will be deemed received as follows: (i) if by
delivery by U.S. mail, seven (7) days after dispatch, (ii) if by
overnight courier, on the date receipt is confirmed by such courier
service, or (iii) if by electronic mail, 24 hours after the message was
sent, if no "system error" or other notice of non-delivery is
generated. If applicable law requires that a given communication by "in
writing" you agree that email communication will satisfy this
requirement.
Dispute Resolution
All disputes
arising out of, relating to or connected with these TOS or your use of
any part of the MakeStickers Service will be exclusively resolved under
confidential binding arbitration held in Will County, Illinois before
and in accordance with the Rules of the American Arbitration
Association, by a sole arbitrator applying Illinois law (without regard
for conflicts of law principles). The arbitrator's award will be binding
and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under these TOS will be joined to an arbitration involving
any other party subject to these TOS, whether through class arbitration
proceedings or otherwise. Any action to enforce an arbitrator's award
will be brought in a federal or state court located in Will County,
Illinois, and each party hereby irrevocably submits to the personal
jurisdiction of such court. By entering into these TOS, you hereby
irrevocably waive any right you may have to join claims with those of
other in the form of a class action or similar procedural device. Any
claim arising out of, relating to or connected with these TOS or your
use of any part of the MakeStickers Service must be asserted
individually.
Miscellaneous
These TOS will be binding upon each party hereto and its successors and
permitted assigns, and by governed and construed in accordance with the
laws of the State of Illinois without reference to conflict of law
principles. These TOS will not be assignable or transferable by you
without the prior written consent of MakeStickers. These TOS (including
all of the policies and other Agreements described in this TOS, which
are hereby incorporated herein by this reference) contain the entire
understanding of the parties regarding this subject matter, and
supersedes all prior and contemporaneous agreements and understandings
between the parties regarding its subject matter. No failure or delay by
a party in exercising any right, power or privilege under these TOS will
operate as a waiver thereof, nor will any single or partial exercise of
any right, power or privilege preclude any other or further exercise
thereof or the exercise of any other such right, power, or privilege.
You and MakeStickers are independent contractors, and no agency,
partnership, joint venture, or employee-employer relationship is
intended or created by these TOS. The invalidity or unenforceability of
any provision of these TOS will not affect the validity or
enforceability of any other provision of these TOS, all of which will
remain in full force and effect.
Changes To MakeStickers Terms and Conditions
MakeStickers reserves the right to modify or terminate the MakeStickers service for
any reason, and without notice, without liability to you, or any other
third party. We also reserve the right to modify these TOS from time to
time without notice. You are responsible for regularly reviewing these
TOS so that you will be apprised of any changes.
Portions of the content of this site ©Photodisc Inc. 1996; ©Corel Corporation 1997,
1998; ©Nova Development 1995-1998; ©IMSI 1990-1998; ©Hemera
Technologies Inc., 1997-1998; ©Sierra On-Line Inc. 1997; ©Dover
Pictorial Archive Series 1993; ©Dover Clipart Series 1993; ©Mindscape
Inc. 1998. MAKESIGNS.COM is a trademark and
Graphicsland is a registered trademark of Graphicsland, Inc.
Microsoft PowerPoint is a registered trademark of Microsoft Corp. Corel is a registered trademark of Corel Corp.
18621 81st Ave, Tinley Park, IL 60487
708.532.8244 | 800.3.GRAPHIC (800.347.2744) | Fax: 708.614.1974 | Email Us