Terms & Conditions:
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WMERICAL.com may establish general practices
and limits concerning your use of the service, including without
limitation the maximum number of days that designs or other uploaded
Content will be retained by the service, the maximum size of any
content that may be uploaded on the service, and the maximum disk
space that will be allotted on WMERICAL.com servers for customer
use. You agree that WMERICAL.com has no responsibility or liability
for the deletion or failure to store any Content maintained or
transmitted to the service. You acknowledge that WMERICAL.com
reserves the right to delete content stored on the server, which is
inactive for an extended period of time. You further acknowledge
that WMERICAL.com reserves the right to change its general practices
and limits at any time, in its sole discretion, with or without
notice to you.
COPYRIGHTED MATERIALS FOR LIMITED USE
This site contains graphics, photographs, images, document layouts,
artwork, text, fonts, software tools, and other information
(referred to herein as “Content”). This site and all content are the
copyrighted property of W. Merical, Inc., and/or its subsidiaries
(referred to herein as “WMERICAL.com”) or the copyrighted property
of parties from whom WMERICAL.com 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. WMERICAL.com reserves the right to add to, delete from, or
modify any part of content at any time without prior notice.
You are
granted permission to access and use this site and its content for
the sole purpose of preparing, evaluating, and ordering printed
products solely through Graphics and Printing Network (WMERICAL.com).
No other download, retention, use, publication, or distribution of
any portion of the Content is authorized or permitted. Obtaining
Products from WMERICAL.com does not entitle you to use any portion
of content apart from the finished printed products as they are
supplied to you by WMERICAL.com.
USE
OF SITE
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. WMERICAL.com
may terminate its service to customers found to be using
WMERICAL.com to engage in undesirable activities.
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 based on this site, you warrant that you have all
necessary permission, right and authority to place the order and you
authorize WMERICAL.com to create and/or print products on your
behalf. You agree that you will be responsible for all orders placed
or other actions that are taken through your registered account.
INDEMNIFICATION
You agree that you shall indemnify and defend WMERICAL.com and all
parties from whom WMERICAL.com 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 you incorporated into Products that was not part of the
standard site content.
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.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WMERICAL.COM 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 WMERICAL.COM 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 SERVICES
THAT YOU ORDER FROM WMERICAL.COM OR ITS AFFILIATES, INCLUDING
WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS,
DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL WMERICAL.COM BE
LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM
OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR
ITS CONTENT.
GOVERNING LAW
Customer hereby agrees and consents to venue in Fayetteville, North
Carolina, USA, in the event of any legal action regarding these
Terms and Conditions or of any copyright enforcement regarding the
subject matter of these Terms and Conditions.
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