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Positive Promotions Inc Terms and Conditions
TERMS AND CONDITIONS OF USE
Positive Promotions, Inc. (“Company,” “our” or “us”) provides its services to users of this Website (“User” or “you”) subject to the following Terms and Conditions. If you visit or shop at Company’s Website, you accept these Terms and Conditions. If you do not agree to be bound by all of these Terms and Conditions of use, please do not use or access this site.
ELECTRONIC COMMUNICATIONS
When you visit our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND SITE ACCESS
Company grants you a limited license to access and use this site. You may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Company. Company notes that you are permitted to download certificate templates which are specifically designated on the Website as free for downloading. This license does not include any: (i) resale or commercial use of this site or its contents; (ii) any collection and use of any images, product listings, descriptions, or prices; (iii) any derivative use of this site or its contents; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize any framing techniques to enclose any image, trademark, logo, or other proprietary information of Company without our express written consent. You may not use any metatags or any other hidden text utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company.
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of this site expressly agree that use of this site is at User's sole risk. Neither Company, nor any of its officers, directors, employees, representatives, or agents warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site.
THIS WEBSITE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEBSITE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.00. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall Company or its officers, directors, employees, representatives, or agents or any other party involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
INDEMNITY
You agree to defend, indemnify, and hold Company and its officers, directors, employees, representatives, and agents harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, costs and expenses (including reasonable attorneys and accountant’s fees and costs) resulting from, or alleged to result from, (i) your violation of these Terms and Conditions and Company’s Privacy Policy, and/or (ii) claims by third parties against Company relating in any way to or arising from an alleged breach of any third party’s intellectual property or other rights resulting directly or indirectly to or arising from your submission(s) of information, files, documents, photos, text, trademarks, designs, or any other submissions to the Company, and/or (iii) your violation of the rights of any third party.
USER SUBMISSIONS
By using Company’s Website, User agrees, acknowledges, and warrants that User has all necessary rights to use all intellectual property, including all trademarks, copyrighted works, and other materials submitted by User to Company (“Submitted Materials”). User further agrees to comply with any restrictions or conditions imposed on the User by any third party in connection with such Submitted Materials. User shall grant and hereby grants to Company a limited, non-exclusive, perpetual, royalty-free license to use the Submitted Materials to create samples and fulfill your order and to display all products, materials, and designs created using Company’s Website, including the Submitted Materials, to market and advertise the Company’s goods and services through the Website, in print materials and in any other medium now known or hereinafter developed.
By using Company’s Website, User further agrees not to use Company’s services to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any third party.
Users who complete a purchase from Company are invited to submit reviews in connection with the product(s) purchased by the User. While Company appreciates your feedback, it reserves all rights in its sole discretion to remove reviews, including but not limited to reviews that include any objectionable content, that contain information that is not directly relevant to the product purchased or that Company otherwise deems inappropriate.
LINKS TO OTHER SITES
This Website may reference or link to third-party sites throughout the World Wide Web. Company does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. Company has no control over these sites or the content within them. Company cannot and does not guarantee, represent, or warrant that the content contained in the sites is accurate, legal, and/or inoffensive. Company does not warrant that any third-party site will not contain viruses or otherwise impact your computer. Company does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against Company for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.
COPYRIGHTS
Copyright © 2012 Positive Promotions, Inc. All materials and contents contained in this Website (including but not limited to the text, graphics, logos, button icons, images, videos, audio clips, digital downloads, data compilations, and software), and the Website itself, are copyrighted materials belonging exclusively to Positive Promotions, Inc. or its content suppliers and are protected by United States and international copyright law. Positive Promotions, Inc. owns and retains at all times all copyright rights in and to the artwork depicted on this Website. Positive Promotions, Inc. enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
TRADEMARKS
POSITIVE PROMOTIONS, the POSITIVE PROMOTIONS logo, THE POSITIVE LINE, BE POSITIVE, THINK POSITIVE, and other marks indicated on our site are the exclusive property and trademarks of Positive Promotions, Inc. Positive Promotions, Inc. reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by Positive Promotions, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Positive Promotions, Inc.
APPLICABLE LAW
This site is created and controlled by Company in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the federal or state courts located in the County of New York, State of New York for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in such courts and agrees not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum.
MODIFICATION AND SEVERABILITY
Company reserves the right to make changes to our site, policies, and these Terms and Conditions at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these terms and conditions 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 condition.