Terms and Conditions
DesignYourRecognition.com
PLEASE REVIEW ALL OF
THESE TERMS OF USE BEFORE USING THIS WEBSITE.
Terms and Conditions
AGREEMENT
("AGREEMENT").
WELCOME TO
DESIGNYOURRECOGNITION.COM. DESIGNYOURRECOGNITION.COM PROVIDES ITS WEBSITE AND
RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING TERMS OF
LEGAL AGREEMENT BETWEEN YOU AND DESIGNYOURRECOGNITION.COM ("DYR"). BY
ACCESSING, BROWSING AND/OR USING THIS SITE ("SITE"), YOU ACKNOWLEDGE
AND FULLY REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, TO
BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
THE MATERIAL PROVIDED ON THIS SITE IS PROTECTED BY LAW, INCLUDING, BUT NOT
LIMITED TO, UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. THIS SITE
IS CONTROLLED AND OPERATED BY DYR FROM WITHIN THE UNITED STATES. DYR MAKES NO
REPRESENTATION THAT MATERIALS IN THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE
IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS
ARE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER
LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH
APPLICABLE LOCAL LAWS.
IF YOU DO NOT AGREE TO
THESE TERMS, DO NOT USE THIS SITE. DO NOT ACCESS OR OTHERWISE USE THIS SITE OR
ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED
TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
DESIGNYOURRECOGNITION.COM
CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON
THIS SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING
THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED
TO HAVE ACCEPTED THE CHANGE. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU
MAY CONTACT US AT; SUPPORT@DESIGNYOURRECOGNITION.COM
DESIGNYOURRECOGNITION.COM
ALSO MAY, AT ANY TIME AND WITHOUT NOTICE, MODIFY OR DISCONTINUE THE WEBSITE.
YOU AGREE THAT DESIGNYOURRECOGNITION.COM SHALL HAVE NO OBLIGATION OF ANY SORT
IN CONNECTION WITH ANY MODIFICATION OR DISCONTINUANCE OF THE WEBSITE.
To fully utilize this
site You will create a password and user account upon completing the
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are responsible for all activities that occur
under your password or account. You agree to
(a) immediately notify
DesignYourRecognition.com of any unauthorized use of your password
or account or any other
breach of security, and
(b) ensure that you exit
from your account at the end of each session and
(c) Safeguard and
protect your account login information at all time.
DesignYourRecognition.com
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section.
User Conduct
In using this site, you
agree to not:
1.Submit or otherwise
transmit any materials including but not limited to text, data,
photos, graphics, or any
of these elements in combination as a design for products
available on this Site
or otherwise ("Content") that are unlawful, harmful, threatening,
abusive, vulgar,
harassing, defamatory, obscene, pornographic, profane, indecent,
inflammatory. libelous,
tortuous, hateful, racially, ethnically, socially, politically, legally,
morally, religiously
objectionable or otherwise objectionable, or invasion of another's
rights including but not
limited to rights of celebrity, privacy and intellectual property.
2. impersonate any
person or entity or falsely state or otherwise misrepresent your
affiliation with a
person or entity;
3. Submit or otherwise
transmit any Content that may infringe any patent, trademark,
trade secret, copyright
or other intellectual or proprietary right of any party. As a
guideline, you may
contribute only original work that you have created yourself from
original elements. This
means you can't use images of celebrities or corporate products,
nor images, text, or
design that you've copied from a website without written permission
from the owner. And you
cannot contribute a quote or a slogan that is substantially the
same as something
already written by someone else. By submitting any Content, you
represent and warrant
that you have the lawful right to reproduce and distribute such
Content and that the
Content complies with all applicable federal, state and local laws,
regulations and
ordinances.
4. Submit or otherwise
transmit any Content that would constitute or encourage a
criminal offense,
violate the rights of any party, or that would otherwise create liability or
violate any local,
state, national, or international law
5. Submit or otherwise
transmit any unsolicited or unauthorized advertising,
promotional materials,
junk mail, spam, chain letters, or any other form of solicitation;
6. Submit or otherwise
transmit any material that contains software viruses or any other
computer code, files or
programs designed to interrupt, destroy, gather information, spy
or limit the
functionality of any computer software or hardware or telecommunications
equipment;
7. Submit or otherwise
transmit false or misleading information
8. Disrupt or interfere
with the security of, or otherwise abuse, the Site, or any services,
system resources,
accounts, servers, or networks connected to or accessible through the
Site or affiliated or
linked websites.
9. Access, tamper with
or use non-public areas of the Site. Unauthorized individuals
attempting to access
these areas of the Site may be subject to prosecution;
10. Disrupt or interfere
with any other user's enjoyment of the Site or affiliated or linked
websites;
11. Frame or link to the
Site except as permitted in writing by DesignYourRecognition.com
12. Incorporate images
or names that would violate a person's right of privacy or
publicity; or
13. Incorporate a
celebrity, current or former leader, politician, religious figure,
convicted criminal or
notorious person, or other famous person's name or likeness other
than the licensed
products available within the site.
You acknowledge that
DesignYourRecognition.com does not pre-screen submitted Content, but that
DesignYourRecognition.com and its designers shall have the right (but not the
obligation) in their sole discretion to reject or remove any Content that is
stored on or otherwise available via the Site. Upon placing your order, you
acknowledge that DesignYourRecognition.com may review your order, and the
content it contains, for adherence to our guidelines and compliance with the
terms and conditions set forth in this Agreement.
Without limiting the
foregoing, DesignYourRecognition.com and its designers shall have the right to
remove any Content that violates the Agreement or is otherwise objectionable to
DesignYourRecognition.com. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. You acknowledge
that you may not rely on any Content, created by or submitted to,
DesignYourRecognition.com. You acknowledge and agree that you are responsible
for the creation and compilation of your Content, and that neither DesignYourRecognition.com
its subsidiaries, partners nor any other patty involved with the production of
any product incorporating such Content assumes that responsibility.
DesignYourRecognition.com production of any product depicting your Content does
not indicate that DesignYourRecognition.com approves of the Content, that the
Content obeys all applicable laws, or that you are absolved of any liability or
harm arising from the use of the Content.
You acknowledge and
agree that DesignYourRecognition.com may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (i) comply with
legal process; (ii) enforce this Agreement; (iii) respond to claims that any
Content violates the rights of third-parties; or (iv) protect the rights,
property, or personal safety of DesignYourRecognition.com, its users and the
public.
You understand that the
technical processing and operation of the Site, including your Content, may
involve (i) transmissions over various networks; and (ii) changes to conform
and adapt to technical requirements of connection networks or devices. You
agree that you are responsible for actions and communications undertaken under
your account. DesignYourRecognition.com takes no responsibility and assumes no
liability for any Content uploaded or otherwise transmitted by or to you or by
or to any third-party, or for any mistakes, defamation, slander, libel,
omissions, falsehoods, infringement, obscenity, pornography or profanity you or
a third party may encounter. You agree to waive any claims against
DesignYourRecognition.com and its affiliates, contractors, agents and employees
for losses, damages and injuries which are based on or relate to communications,
Content or materials on the Site. You agree to indemnify
DesignYourRecognition.com and its affiliates from all claims and expenses,
including reasonable attorney's fees, which claims are based on or arise from
your violation of any of the provisions of this Agreement.
You agree that you will
use this Site and any products ordered on this Site in accordance with all
applicable United States federal, state and local laws, statutes, regulations
and ordinances and will not take any action that harms or violates the rights
of any person or entity.
Privacy Policy
Please refer to our Privacy Policy.
Proprietary Rights
You acknowledge and
agree that any Content, including but not limited to text, data, photos,
graphics, etc. or other material contained or distributed on or through the
Site, by DesignYourRecognition.com, its advertisers or other third parties, is
protected by trademarks, service marks, patents, copyrights, or other proprietary
rights and laws. You may not use or distribute any Content received or produced
through the Site without the authorization of the Content owner. You agree not
to publish, reproduce, copy, in whole or in part, nor upload, download, post,
email, sell, or otherwise distribute Content available through the Site, in
violation of applicable copyright and other intellectual property laws. You
retain all ownership rights to your Content submitted to the Site. By
submitting Content to DesignYourRecognition.com, you grant
DesignYourRecognition.com a nonexclusive, worldwide, transferable license to
use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge
and agree that the Site and any software provided to you or used in connection
with the Site, including, for example and without limitation, any API's or
other scripts ("Software") contains proprietary and confidential
information that is protected by applicable intellectual property and other
laws. Except to the extent that a separate click on agreement applies to a
particular piece of Software, subject to your compliance with the terms and
conditions of this Agreement, DesignYourRecognition.com grants you a
non-exclusive, non-transferable, non-sublicenseable license to use the Software
solely as necessary to use this Site and provided that you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Site or the Software, in whole or in part.
The intellectual
property rights in or relating to the content of any notes, messages, emails,
postings, letters, ideas, suggestions, concepts or other written materials
which you submit or communicate to DesignYourRecognition.com (excluding your
Content you submit) will automatically be deemed to be assigned, granted and
transferred by you to DesignYourRecognition.com upon their submission or
communication to DesignYourRecognition.com, and you do assign all rights
therein to DesignYourRecognition.com and agree that the same will automatically
become the property of DesignYourRecognition.com and that
DesignYourRecognition.com may use, exploit, copy, publish, implement. Transfer
and in all other way deal with such materials and all of the intellectual
property rights therein in any way and for any purpose
DesignYourRecognition.com may elect, forever.
Intellectual Property
Policy
DesignYourRecognition.com
respects the intellectual property rights of others. We ask our users to do the
same. DesignYourRecognition.com may terminate the accounts of users who appear
to infringe the copyright or other intellectual property rights of others.
Trademarks and
Service Marks
DesignYourRecognition.com
trademarks and service marks include, but are not limited to, "DYR Design
Your RecognitionTM" "InspirersTM" "ArtAwardTM"
"GalleryPlaqueTM", "DiamondAcrylicTM", and
"Design Your RecognitionTM. ALL RIGHTS RESERVED. Any use
of such trademarks or service marks, or the product names or logos is strictly
prohibited.
WARRANTY
YOU REPRESENT AND
WARRANT THAT YOU ARE THE OWNER OF THE
CONTENT WHICH YOU SUBMIT
AND THAT THE CONTENT DOES NOT
INFRINGE UPON THE
PROPERTY RIGHTS, INTELLECTUAL PROPERTY
RIGHTS (COPYRIGHTS AND
TRADEMARKS) OR OTHER RIGHTS OF OTHERS.
YOU ALSO REPRESENT THAT
THERE ARE NO OUTSTANDING DISPUTES IN
CONNECTION WITH THE
PROPERTY RIGHTS, INTELLECTUAL PROPERTY
RIGHTS OR OTHER RIGHTS
IN THE CONTENT OR ANY PARTS OF THE
CONTENT. YOU HEREBY
REPRESENT AND WARRANT TO US THAT THIS
AGREEMENT HAS BEEN DULY
AND VALIDLY EXECUTED AND DELIVERED
BY YOU AND CONSTITUTES
YOUR LEGAL, VALID AND BINDING
OBLIGATION, ENFORCEABLE
AGAINST YOU IN ACCORDANCE WITH ITS
TERMS; AND THAT THE
EXECUTION, DELIVERY AND PERFORMANCE BY
YOU OF THIS AGREEMENT
ARE WITHIN YOUR LEGAL CAPACITY AND
POWER; HAVE BEEN DULY
AUTHORIZED BY ALL REQUISITE ACTION ON
YOUR PART; REQUIRE THE
APPROVAL OR CONSENT OF NO OTHER
PERSONS; AND NEITHER
VIOLATE NOR CONSTITUTE A DEFAULT UNDER
THE (I) PROVISION OF ANY
LAW, RULE, REGULATION, ORDER, JUDGMENT
OR DECREE TO WHICH YOU
ARE SUBJECT OR WHICH IS BINDING UPON
YOU, OR (II) THE TERMS
OF ANY OTHER AGREEMENT, DOCUMENT OR
INSTRUMENT APPLICABLE TO
YOU OR BINDING UPON YOU.
Indemnify and
hold Harmless
You agree to defend,
indemnify and hold DesignYourRecognition.com and DesignYourRecognition.com
officers, directors, employees, agents and licensors harmless from all
judgments, awards, losses, liabilities, costs and expenses, including but not
limited to reasonable attorney's fees, expert witness fees, and costs of
litigation arising out of or based on
(a) Content you submit,
post to or transmit through the Site,
(b) your use of the
Site,
(c) your connection to
the Site,
(d) your violation of
the Agreement or
(e) your violation of
any rights of a third party.
Termination
You agree that
DesignYourRecognition.com, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Site, and remove and discard any
Content you may have contributed to the Site, at any time for any reason or no
reason. DesignYourRecognition.com may also in its sole discretion and at any
time discontinue providing the Site, or any pal1 thereof, with or without
notice. You agree that any termination of your access to the Site under any
provision of this Agreement may be effected without prior notice, and
acknowledge and agree that DesignYourRecognition.com may immediately deactivate
or delete your account and all related information and files in your account
and/or bar any further access to such files of the Site. Further, you agree
that DesignYourRecognition.com shall not be liable to you or any third-party
for any termination of your access to the Site. Should you object to any terms
and conditions of the Agreement or become dissatisfied with the Site in any
way, your only recourse is to immediately discontinue your use of the Site
and/or terminate your account.
The Site may
provide, or third parties may provide, links to other websites or resources.
Because DesignYourRecognition.com has no control of such sites and resources,
you acknowledge and agree that DesignYourRecognition.com is not responsible for
the availability of such sites or resources, and does not endorse and is not
responsible or liable for any content, advel1ising, products or other materials
on or available from such sites or resources or the policies or such sites and
resources. DesignYourRecognition.com is not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
Public Reputation
You acknowledge and
agree that you will not use any product ordered from the Site in a way that
would be damaging to DesignYourRecognition.com public reputation or that of its
employees, board members, shareholders, licensors, or solution partners.
Additionally, you acknowledge that if you choose to display any product ordered
from DesignYourRecognition.com, in a public setting, including on the Internet,
in a way which disparages DesignYourRecognition.com, DesignYourRecognition.com
board members, employees, shareholders or partners, or the United States Postal
Service, DesignYourRecognition.com reserves the right to demand immediate
return of the product, to furthermore pursue all recourses and remedies available
under the law
Pricing, Shipping,
and Terms of Sale
Prices for products are
described on the Site and are incorporated into this Agreement by reference.
All prices are in US dollars. Prices and products may change at
DesignYourRecognition.com's discretion. Title and risk of loss for all products
ordered by you shall pass to you on DesignYourRecognition.com shipment to the
shipping carrier. purchases are subject to DesignYourRecognition.com Return
Policy. DesignYourRecognition.com reserves the right to cancel any order for
any product that may violate the intellectual property rights of a third party
and will notify the purchaser that the order has been canceled.
Correction of Errors
and Inaccuracies
The information and
product listings on this Site may contain typographical errors or inaccuracies
and may not be complete or current. We therefore reserve the right to correct
any errors, inaccuracies or omissions and to change or update information at
any time without prior notice (including after you have submitted your order).
Please note that such errors, inaccuracies or omissions may relate to product
description, pricing and availability. We also reserve the right to limit or
restrict quantities of products (including after you have submitted your order)
for any reason, including, without limitation, if the product violates any
terms of this Agreement.
Disclaimer of
Warranties
YOUR USE OF THE SITE IS
AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS
AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, DESIGNYOURRECOGNITION.COM AND ITS AFFILIATES EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT OT LIMITED
TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DESIGNYOURRECOGNITION.COM DOES
NOT MAKE ANY WARRANTY THAT
(A) THE SITE
OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR
(B) THAT THE SITE OR
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR
(C) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR
(D) THAT DEFECTS, IF
ANY, WILL BE CORRECTED.
YOU AGREE
THAT DESIGNYOURRECOGNITION.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES
SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR
SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS
AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT
DESIGNYOURRECOGNITION.COM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT
AS OTHERWISE AGREED IN WRITING, DESIGNYOURRECOGNITION.COM AND ITS AFFILIATES
ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR
PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT
DESIGNYOURRECOGNITION.COM MAKES NO WARRANTY OR REPRESENTATION THAT
CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE
MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM DESIGNYOURRECOGNITION.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limit of Liability
UNDER NO CIRCUMSTANCES
INCLUDING, WITHOUT LIMITATION, INCLUDING ITS OWN NEGLIGENCE, SHALL DESIGNYOURRECOGNITION.COM
OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS,
AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
TRANSMITTING, OR DISTRIBUTING DESIGNYOURRECOGNITION.COM OR RELATED SERVICES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
DESIGNYOURRECOGNITION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:
(A) THE USE OR ABILITY
TO USE THE SITE;
(B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(C) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(D) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY TO THE SITE OR
(E) ANY OTHER MATTER
RELATING TO THE SITE.
ADDITIONALLY, THE
MAXIMUM LIABILITY OF DESIGNYOURRECOGNITION.COM UNDER ALL CIRCUMSTANCES WILL BE
THE AMOUNT PAID BY YOU TO DESIGNYOURRECOGNITION.COM IN CONSIDERATION OF YOUR
USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF
LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DESIGNYOURRECOGNITION.COM AND YOU.
THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Termination
In the event of a breach
by You, this Agreement and all licenses granted thereunder shall automatically
terminate, except that the following provisions within this agreement
pertaining to venue, intellectual property rights of DesignYourRecognition.com,
Disclaimers of warranty, Disclaimer of Warranty and Limitation of Liability.
Any termination of this Agreement terminates all of Your rights to use the
Website, including Your license to the content located thereon.
Without limiting any
other provision of this Agreement, DesignYourRecognition.com reserves the right
to, in its sole discretion and without notice or liability, deny use of the
Website to any person for any reason or no reason at all.
Severability; Waiver
If any provision of this
Agreement is invalid, illegal or unenforceable under any applicable statute or
rule of law, such provision shall be deemed amended to achieve as nearly as
possible the same economic effect as the original provision and the remaining
provisions of this Agreement shall in no way be affected or impaired. A waiver
by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof.
Assignment
This Agreement and all
of Your rights and obligations hereunder will not be assignable or transferable
by You without the prior written consent of DesignYourRecognition.com
Notwithstanding the foregoing, this Agreement will be binding upon and will
inure to the benefit of the parties, their successors and permitted assigns.
Relationship
Without limiting any
other provision of this Agreement, this Agreement creates no agency,
partnership, joint venture or employee-employer relationship between You and
DesignYourRecognition.com.
Age
You must be at least 13
years of age to use this Site. Please contact us if you have any concerns or
questions about this restriction.
Third-Party Websites
The Website may contain
links to websites operated by third parties ("Third-Party Websites").
DesignYourRecognition.com does not have control over Third-Party Websites, each
of which may be governed by its own terms of service and privacy policy.
DesignYourRecognition.com has not reviewed, and cannot review, Third-Party
Websites, and therefore does not warrant or endorse any Third-Party Website or
the content appearing thereon. By visiting or using Third-Party Websites, You
assume all responsibility and liability for all resulting harms, whether to You
or to any third party, including without limitation as resulting from Your
downloading or use of any content, software or other materials available there
from.
Integration Clause
This Agreement (and any
documents referred to in it) with the Nonexclusive License Agreement contains
the whole agreement between the Parties relating to the transactions
contemplated by this Agreement and supersedes all previous understandings and
agreements between the Parties relating to these transactions. Each Party
acknowledges that, in agreeing to enter into this Agreement, it has not relied
on any representation, warranty, collateral contract or other assurance (except
those set out in this Agreement and any documents referred to in it) made by or
on behalf of any other Party or any other person whatsoever before the
execution of this Agreement. Each Party waives all rights and remedies which,
but for this Clause, might otherwise be available to it in respect of any such
representation, warranty, collateral contract or other assurance, provided that
nothing in this Clause shall limit or exclude any liability for willful
misconduct or fraud."
General
These terms and
conditions and your relationship with DesignYourRecognition.com shall be
governed by and construed in accordance with the laws of the state of Florida,
without resort to its conflict of law provisions. You and
DesignYourRecognition.com agree to submit to the personal and exclusive
jurisdiction of the coul1s located within the county of Palm Beach County. No
agency, partnership, joint venture, employee-employer or franchiser /
franchisee relationship is intended or created by this Agreement. DesignYourRecognition.com
may assign its rights and responsibilities hereunder without notice to you. The
failure of a pat1y to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of the right or provision.
DesignYourRecognition.com's failure to act with respect to a breach by you or
others does not waive DesignYourRecognition.com's right to act with respect to
subsequent or similar breaches.