Terms of Service

Please ensure that you read these Terms of Use carefully. These Terms of Use govern your access and use of the Digital Banners Plus website. Your choice to access our Digital Banners Plus site ensures that 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 certain products or services of this site.

Digital Banners Plus has the right to make changes to this site and these Terms of Use at any time without prior notice. Please be sure to review our Terms of Use each time you access our site.

You also agree that we may provide any legal communications and notices to you electronically by posting them on our website or by sending an email to the email address that you provided to us when you registered at our website. You are entitled to withdraw your consent to receive communications from us electronically by contacting one of our customer service representatives at (800) 842-0191 or emailing david@digitalbannersplus.com. By withdrawing your consent to receive communications from Digital Banners Plus, you also discontinue the use of your Digital Banners Plus account.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, and other information. This site and all content are the copyrighted property of Digital Banners Plus. All rights in this site and its content are reserved in the United States. 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. Digital Banners Plus reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Use of Site

You are granted permission to access and use this site and its content for the sole purpose of preparing, evaluating, and ordering products or services solely through Digital Banners Plus. No other download, retention, use, publication, or distribution of any portion of the content is authorized or permitted. Obtaining products from Digital Banners Plus does not entitle you to use any portion of content apart from the finished products, as they are supplied by Digital Banners Plus.

You agree to use Digital Banners Plus in a responsible manner that is full compliance with these Terms of Use. You also agree that you are in compliance with your local laws and regulations. No content or portion of content may be used 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 Digital Banners Plus to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Digital Banners Plus has the right to terminate service to customers that are found using the site to engage in creating these types of products.

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 Digital Banners Plus to produce the Products on your behalf.

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 shipping terms for all printed products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the 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 and defend Digital Banners Plus and all parties from whom Digital Banners Plus 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 Digital Banners Plus 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 Digital Banners Plus 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 Digital Banners Plus OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL Digital Banners Plus 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.

Site Feedback

Comments, suggestions, proposals or other feedback that you would like to provide to Digital Banners Plus in connection with the operation or content of this site will be received by Digital Banners Plus on a non-confidential basis. All information will become the exclusive property of Digital Banners Plus. By submitting any such information to Digital Banners Plus, 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 Digital Banners Plus shall be free to use such information on an unrestricted basis.

Governing Law

The party you are contracting with and the seller of the products and services offered and sold on this site is Digital Banners Plus. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America.

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