Canvas Quest ("Services").
The following text describes your rights and responsibilities and what you can expect from
Canvas Quest ("We", "Us", "Our").
Your use of the Website and/or Services constitutes your acknowledgment of full understanding, acceptance of and agreement to these Terms.
In the event of substantive changes to these Terms, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the related Services.
Your continued use of the Website following posting of the new Terms on the Website will constitute binding acceptance of the changes.
We will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law.
If you are under the age of 18, but at least 13 years of age, you may use the Website and Services
only under the supervision of a parent, or legal adult guardian who agrees to be bound by these Terms.
License to Use the Website and Services
a) We solely and exclusively own all intellectual property and other rights, title and interest in and to the Services and the Website, except as expressly provided for in these Terms.
For example and without limitation, We own the copyrights in and to the Website, and certain technology used in providing the Services.
You will not acquire any right, title or interest therein under these Terms or otherwise to any intellectual property owned by Us.
This license does not include the right to collect or use information contained in and on the Website for purposes prohibited by Us:
to compete with Us
to create derivative works based on the content of the Website
to download or copy any part of the Website other than page caching.
If you use the Website in a manner that exceeds the scope of this license or you breach these Terms, We reserve the right to revoke the license granted to you.
We may use third parties to provide certain services accessible through the Website.
We do not control those third parties or their services, and you agree that We will not be liable to you in any way for your use of such services.
You must comply with such terms and policies as well as their terms when you use those services.
If any such terms or policies conflict with these Terms, agreements or policies, you must comply with Our Terms, agreements or policies, as applicable.
You may not cause harm to the Website or the Services.
Including, but not limited to:
Account, Password, and Security
interfere with Website or Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware.
modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide Services or Website content.
use a robot, spider or other device, process or method to monitor the activity on or copy pages from the Website (major search engines are excluded from this clause).
collect electronic mail addresses or other information from third parties by using the Website or it's related Services.
create derivative works of any kind, use any meta tags, search terms, key terms, or the like that contain
Canvas Quest's name or trademarks
engage in any type of activity that interferes with another user's ability to use or enjoy the Website or related Services.
assist or encourage any third party in engaging in any activity prohibited by these Terms.
impersonate any person or entity, or provide fake information either in the registration page, ordering process or during any communication with Us, the Website or Services.
You agree to provide Us with a current and working email address
upon submitting the registration form, the login form, when ordering products or on any form on the Website that requires your email address.
You agree to update such information immediately upon any changes.
You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
You are responsible for all activities that occur under your password or account.
We cannot and will not be liable for any loss or damage arising from your failure to comply these Terms or your failure to prevent others from obtaining your login information.
As part of Our Services, We offer service(s) that allows you to
email, submit, upload or import images, photographs, graphic designs, texts, sketches and other content ("Content") to the Website
to create, produce and purchase Products featuring the uploaded Content for your own use.
We may, in Our sole and absolute discretion, determine whether any Content complies with these Terms and is satisfactory for use with the Services.
You will retain ownership of the Content that you upload or import to the Website.
You hereby grant to Us a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future,
as We deem necessary to enable you to use the Website or Services to create, produce and purchase Products.
We may sub-license the rights that you grant to a third party subcontractor only for purposes of providing the Our Services, processing your order, and producing and shipping your orders.
Reservation of Rights
You may not upload, email, import or otherwise transmit any Content that is unlawful, harmful, obscene, pornographic, indecent, inflammatory, hateful, or racially, ethnically or otherwise objectionable, or invasive of someone else's or another entity's rights including but not limited to rights of celebrity, privacy and intellectual property.
You may not upload, import, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
importing or downloading 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.
If you do not own the copyright to a Content, you may only upload, import, download, post, email or otherwise transmit it if you have written permission from the copyright holder to upload, import, download, post, email or otherwise transmit such content to
the Website or related Services for any purpose, including but not limited to for placing orders for print products that may use the Content to create the products in your order.
You may not upload, import, download, post, email or otherwise transmit any Content or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, damage or limit the functionality of any computer software or hardware or communication equipment.
You may not disrupt or interfere with the security of, or otherwise abuse, the Website, or any Services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked websites.
You may not access, tamper with or use non-public areas of the Website.
Unauthorized individuals attempting to access these areas of the Website may be reported to relevant authorities and be subject to prosecution.
You may not upload, download, post, email or otherwise transmit false or misleading information.
You may not disrupt or interfere with any other user's use of the Website or Services.
You may not engage or attempt to engage in commitment of fraudulent transaction(s), theft, mail fraud, return fraud or otherwise any type of fraud intended to steal from or harm Us or a 3rd party.
If We suspect fraud, We will report the incident to IC3, police, any relevant government/federal agencies and We reserve the right to pursue legal action including, but not limited to financial reimbursement and legal cost reimbursement.
In case of theft, mail fraud or return fraud, We will not issue any reimbursement and you will be liable to pay full MSRP price of the item that was shipped to you.
*If We suspect theft, mail fraud or return fraud, We reserve the right to refuse return of the ordered items and We reserve the right to refuse refunds, even if the correct item is eventually returned.
Copyright and Intellectual Property Policy
We reserve the right, but do not assume the obligation, to monitor transactions and communications that occur through the Website.
If We determine, in Our sole and absolute discretion,
that you or another Canvas Quest user will breach a term or condition of these Terms
or that such transaction or communication is inappropriate,
We may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
We reserve the right to modify the organization, structure or "look and feel" of the Services or the Website, and may change, suspend,
or discontinue any aspect of the Website or Service at any time without any liability to you or any third party.
We shall have complete discretion over the features, functions, prices and other terms and conditions on which the Website or related Services are offered.
We reserve the right to use or act upon any ideas, materials, questions, comments, proposals, suggestions, reviews or any other information ("Feedback"),
you email, submit, or otherwise transmit to Us at Our sole discretion.
By emailing, sending, or otherwise submitting Feedback,
you grant Us permission to use such Feedback for marketing and other promotional purposes, including the right to sub-license.
You agree and certify that there's no conflict of interest related to your Feedback and that your Feedback(s) do not infringe on intellectual property rights of a third party and other laws.
You agree that We will have no obligation whatsoever to keep any Feedback confidential.
You agree that you will not bring a claim against Us based on "moral rights" or the likes arising from Our use of such Feedback.
* This section does not apply to the Content (i.e. images) that you submit, upload, email, or otherwise transmit
in connection with the Website or related Services with the intention of placing product orders. You retain ownership of the photos and images you submit for printing.
We respects the intellectual property rights of others and We require you ("user") to do the same.
If We determine or suspect that a user appears to infringe the copyright or other intellectual property rights of others,
We may in Our sole and absolute discretion remove or require the removal of Content from the Website and/or server(s) as well as terminate the user's account, access to the Website and related Services.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Us and provide the following information:
A physical or electronic signature of the person authorized to act on behalf of the copyright owner of the Content.
A written and signed statement by you, made under penalty of perjury, that the information you provide is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
The URL or description of the page which displays the copyrighted material.
Your contact information, such as name, address, phone number, email address.
A written and signed statement by you, made under penalty of perjury, that you have good faith belief that the
disputed use of a Content is not authorized by the copyright owner, its agent, or is otherwise forbidden by law.
Please use the information available in the help section or any of our contact information to contact us for mailing instructions.
You agree to indemnify, defend and hold Canvas Quest and
it's officers, directors, employees, agents, licensors, owners or associates harmless from and against all
judgments, awards, losses, liabilities, costs, legal fees, damages and other expenses,
including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation
arising out of or based on
(1) Content you submit, post, email, import or otherwise transmit through the Website or Services,
(2) your use or misuse of the Website or Services,
(3) your connection to the Website,
(4) your violation or failure to comply with these Terms,
(5) your violation of any rights of a third party or entity,
(6) any breach by you of these Terms.
You agree that We, in Our sole and absolute discretion, with or without notice to you, may suspend, limit or terminate your password, account (or any part thereof),
your use of the Website or Services, remove and discard any Content that you may have contributed to the Website, at any time for any or no reason whatsoever.
We may also, in Our sole and absolute discretion, and at any time discontinue the Website and/or related Services, or any part thereof, with or without notice.
If We decide to remove or terminate your use of the Website or related Services, in full or in part,
We may also delete any and all information, Content, material or files in your account and/or bar any further access to such data.
You agree that We shall not be liable to you or any third party for any termination of the Website or Services or your access to the Website or Services.
If you do not agree with any part of this section or any part of these Terms, you must immediately discontinue your
use of the Website and/or services, and/or terminate your account.
Notwithstanding any termination of the Website and/or Service, these Terms will survive indefinitely unless and until We choose to terminate these Terms.
Parts of the Website may contain, or third parties may provide, links to other websites or resources.
Other websites or resources are not controlled by Us. As such, you acknowledge and agree that We are not responsible for the availability
of such websites or resources, do not endorse and are not responsible or liable for any
content, advertising, products or other materials on or available from such websites or resources.
You further acknowledge and agree that We shall not be 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 website or resource.
You agree not to use any product or screen-shot from the Website in any way that would be damaging to
Our public reputation or that of Our officers, directors, employees, agents, licensors, owners, solution partners or associates.
You also acknowledge that if you choose to display any product ordered by
Us in a public setting, including but not limited to the internet,
in a way which disparages
Canvas Quest or its officers, directors, employees, agents, licensors, owners, solution partners or associates,
you may be held legally responsible for any losses, including but not limited to profit loss, legal fees and/or reasonable attorney fees that We incur because of your actions.
Disclaimer of Warranty
Canvas Quest PROVIDES THE WEBSITE, RELATED SERVICES, PRODUCTS AND OTHER MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Canvas Quest DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, RELATED SERVICES, PRODUCTS AND OTHER MATERIALS
OR THEIR USE:
(1) WILL BE UNINTERRUPTED,
(2) WILL BE FREE OF INACCURACIES OR ERRORS,
(3) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(4) THAT DEFECTS, IF ANY, WILL BE CORRECTED
OR (5) WILL OPERATE IN THE CONFIGURATION
OR WITH THE HARDWARE OR SOFTWARE YOU USE.
Canvas Quest HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE,
FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT.
YOU AGREE THAT Canvas Quest SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE WEBSITE, RELATED SERVICES OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS
CAUSED BY ANY REASON WHATSOEVER.
YOU ACKNOWLEDGE THAT Canvas Quest MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL, ELECTRONIC OR WRITTEN, OBTAINED BY YOU FROM
Canvas Quest OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL Canvas Quest, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OWNERS, PARENTS, SUBSIDIARIES, SUPPLIERS AFFILIATES OR ASSOCIATES
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL)
OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
ARISING OUT OF, RESULTING FROM, RELATING TO OR CONNECTED WITH
(a) THE USE, MISUSE OR INABILITY TO USE THE WEBSITE, RELATED SERVICES, INFORMATION, MESSAGES
RECEIVED, TRANSACTIONS ENTERED, GOODS OR PRODUCTS OBTAINED OR PURCHASED THROUGH THE WEBSITE OR
(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 WEBSITE OR SERVICES,
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE,
(e) ANY OTHER MATTER RELATING TO THE WEBSITE OR RELATED SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.
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.
for any reason by any court of competent jurisdiction then such terms or conditions,
if possible shall be deemed amended to achieve as nearly as possible the same intent as the original provision
or shall be severed if not possible, and the remaining terms and/or conditions shall survive and remain in full
force and effect and continue to be binding and enforceable.
These Terms shall be governed by and construed in accordance with the laws of the state of California,
without resort to its conflict of law provisions.
Any dispute with regard to these Terms shall be submitted to one arbitrator for arbitration in
California, United States. The award rendered by the arbitrator shall be binding as between the
parties and judgment on such award shall be entered in any court having jurisdiction thereof.
The Arbitrator may award attorney's fees and costs to the prevailing party.
No failure or delay by Us in exercising any right, power or privilege under these Terms
will operate as a waiver thereof, nor will any single or partial exercise of any right,
power or privilege preclude the exercise of any other such right, power, or privilege.
You and Canvas Quest are independent contractors,
and no agency, partnership, joint venture, or employee-employer relationship is intended or
created by these Terms. The invalidity or unenforceability of any provision of these Terms
will not affect the validity or enforceability of any other provision of these Terms,
all of which will remain in full force and effect.