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 firstname.lastname@example.org. 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
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 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.
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-
- (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.
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.
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.