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Acceptance of Terms of Use. Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site 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. Notepads Your Way LC 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.
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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 support. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
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Standard for Electronic Transactions. Notepads Your Way LC is governed by, is obligated to comply with, and fully supports the spirit of the Secure Electronic Transaction, a standard protocol for securing transactions over the Internet.
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Copyrighted Materials for Limited Use. This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Notepads Your Way LC Limited, and/or its subsidiaries (referred to herein as “Notepads Your Way LC”) or the copyrighted property of parties from whom Notepads Your Way LC 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. Notepads Your Way LC reserves the right to add to, delete from, or modify any part of Content at any time without prior notice .The notepad design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Notepads Your Way LC reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual notepad design elements through your creation of a notepad design and/or your incorporation of a notepad design into one or more products. Other Notepads Your Way LC customers may use the design tools to create notepads that have similar or identical combinations of these elements and Notepads Your Way LC does not guarantee that your notepad will not have similarities to notepads designed and used by other parties. Notepads Your Way LC provides no warranty of any kind that notepad designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the v design is legally available for your use and does not infringe the rights of another party.
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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 Notepads Your Way LC (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Notepads Your Way LC does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Notepads Your Way LC. 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. Notepads Your Way LC may terminate its service to customers found to be using Notepads Your Way LC to engage in undesirable activities. 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 Notepads Your Way LC to produce the Products on your behalf.
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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 Notepads Your Way LC and all parties from whom Notepads Your Way LC 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.
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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.
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Limitation of Liability. IN NO EVENT SHALL NOTEPADS YOUR WAY LC 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 NOTEPADS YOUR WAY LC 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 NOTEPADS YOUR WAY LC OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL NOTEPADS YOUR WAY LC 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.
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Site Feedback. Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Notepads Your Way LC in connection with the operation or content of this Site shall be provided by the submitter and received by Notepads Your Way LC on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Notepads Your Way LC. By submitting any such information to Notepads Your Way LC, 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 Notepads Your Way LC shall be free to use such information on an unrestricted basis.
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Governing Law. Notepads Your Way LC Limited is based in Atlanta, Georgia, USA and all transactions take place on Notepads Your Way LC's servers located in Atlanta, Georgia, USA . Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the state of Georgia. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Atlanta, Georgia, USA. You agree to submit to the jurisdiction of Atlanta, Georgia, USA courts and agree that venue in these courts is proper in any such legal action or proceeding.