Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of the Imagitadvertising.com websites and mobile sites (collectively, the “Site”) as well as the provision and sale of products and services by Imagit Advertising LLC and/or its affiliates and/or fulfillment providers, as the context may require (“Imagit Advertising.” “we,” “us,” or “our”). By accessing or using this Site and its related software tools, applications or any other Imagit Advertising service, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.

 

Every offer of a Imagit Advertising product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Imagit Advertising has not specifically rejected them.

 

Imagit Advertising reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

 

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting Customer Care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

 

Copyrighted Materials for Limited Use

 

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Imagit Advertising and/or the copyrighted property of parties from whom Imagit Advertising has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Imagit Advertising reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by YOU or Imagit Advertising remain the property of Imagit Advertising and its licensors.

 

Terms of Sale

 

Before you can place an order online, you must have your entire project's information to completing the order form on the Site. The customer will at all times be responsible for the information and visual elements providing to us. Imagit Advertising has the right to refuse any request made by you and to close your customer account immediately in the event of any breach of these Terms. All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Imagit Advertising is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.

 

Use of Site

 

You are granted permission to access and use this Site and its Content and to create an account (if any) for the sole purpose of preparing, evaluating, and ordering products or services solely through Imagit Advertising (referred to herein as “Products”) only through Imagit Advertising. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Imagit Advertising does not entitle you to use any portion of Content apart from the finished printed Products as they are supplied to you by Imagit Advertising.

 

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Imagit Advertising reserves the right, in Imagit Advertising’s sole discretion, to refuse to accept any content provided by you to Imagit Advertising or to process any order at any time and for any reason. Imagit Advertising also may terminate its service to and/or the accounts of customers found to be using Imagit Advertising to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Imagit Advertising shall have no liability of any kind to you or to any third party arising from such refusal or termination.

 

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Imagit Advertising to produce the Products on your behalf. You grant Imagit Advertising the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Imagit Advertising to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.

 

When you create an account during registration, you are able to personalize products and save these designs for future use or ordering. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

 

Transfer of Title

 

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

 

Indemnification

 

You agree that you shall indemnify Imagit Advertising and all parties from whom Imagit Advertising has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Imagit Advertising or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

 

Disclaimer of Warranty

 

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

 

Imagit Advertising’s Satisfaction Guarantee is good for 10 years following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Imagit Advertising´s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer.

 

Please preview your designs carefully and correct any mistakes prior to placing your order. Imagit Advertising does not proof documents created by its customers prior to processing.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IMAGIT ADVERTISING OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT IMAGIT ADVERTISING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM IMAGIT ADVERTISING OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL IMAGIT ADVERTISING BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT.

 

Site Feedback

 

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Imagit Advertising in connection with the operation or content of this Site shall be provided by the submitter and received by Imagit Advertising on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Imagit Advertising. By submitting any such information to Imagit Advertising, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Imagit Advertising shall be free to use such information on an unrestricted basis.

 

Privacy

 

Imagit Advertising has set out in its Cookies and Privacy Policy how we collect, use, disclose, store and protection the information that you submit to us during the use of our Site. This Cookies and Privacy Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.

 

Miscellaneous

 

You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.