Welcome to our web site (the “Site”). This Site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions and notices contained below (the “Agreement”). Please read them carefully. By using or accessing this Site, you indicate that you have read and understand this Agreement, and agree to be bound by the terms and conditions contained herein. If you do not accept this Agreement, do not access and use the Site. We may revise this Agreement at any time without notice. We encourage you to review the Site and these terms periodically for any updates or changes.
This Site permits users to upload images to Neu-Art Studio, Inc. through Hightail’s Uplink tool. You agree that this Site is not responsible for the quality of the images you upload. The Site assumes that 100 DPI is best viewed from 3.5 feet and recommends using that and above for your uploaded graphics. You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing. Images are created and stored in a variety of ways and you agree this Site is not responsible for ensuring quality images for any image file format available on it.
By using this Site, you agree to indemnify, defend and hold us, our licensors, and both our parents, subsidiaries and affiliates, including their officers, directors, employees, and agents, harmless from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), alleging or resulting from your use of the Site in violation or breach of this Agreement. By submitting an order to us, you agree to defend, indemnify and hold us, our licensors, and both our parents, subsidiaries and affiliates, including their officers, directors, employees, and agents, harmless from and against any and all liability, claims, costs and expenses (including reasonable legal fees and expenses) in any action by any third party based on a claim that you infringed such third parties intellectual property rights.
All content on this Site, including but not limited to the arrangement and assembly of the Site, text, graphics, logos, button icons, images and software (collectively “Content”), is copyrighted as original works of authorship, or used with the express permission of the copyright, trademark name or service mark owner, and therefore is protected by U.S. and international copyright laws. This Site and the Content may be used only to design and order printed material from us or our authorized affiliates. Any other use, including but not limited to, reproduction, modification, distribution, redistribution, publication, or republication of any or all of the Content on this Site is strictly prohibited.
The Content, this Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose, commercial or otherwise, that is not expressly permitted by us in writing.
Personal and Non-Commercial Use Limitation:
This Site is for your personal noncommercial use. The Site and the Content may only be used as a shopping resource. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, information, software, products, or services obtained from this Site.
Notwithstanding anything contained in this Agreement to the contrary, we and our third party licensors may elect to electronically monitor areas of the Site and may disclose any information, records, or electronic communication of any kind to:
•satisfy any law, regulation, or government request; or •protect our rights or property or the rights of users, sponsors, providers, licensors, licensees, vendors, or merchants. •we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request removal of such content from the Site.
WE MAY TERMINATE OR SUSPEND YOUR ACCESS TO THE SITE WITHOUT NOTICE FOR ANY CONDUCT WE BELIEVE IN OUR SOLE DISCRETION IS IN VIOLATION OF THIS AGREEMENT OR ANY APPLICABLE LAW OR IS HARMFUL TO OUR INTERESTS.
We reserve the right to limit quantities of items purchased by each customer.
Disclaimer and Limitation of Liability:
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE AND OUR THIRD PARTY LICENSORS PROVIDE THIS SITE ON AN “AS IS” BASIS. NEITHER US NOR OUR THIRD PARTY LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE PRODUCTS OFFERED ON THIS SITE. WE AND OUR THIRD PARTY LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE OR OUR THIRD PARTY LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.
WE AND OUR LICENSORS EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES NOT ASSOCIATED WITH US.
These terms are effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Site. If at any time after such termination you return to the Site, your reuse of the Site will constitute a re-acceptance of the Agreement.
YOU AGREE THAT NEITHER WE NOR OUR THIRD PARTY LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.
Jurisdiction and Venue:
By using this Site, you agree that any legal action brought against us or our third party licensors shall be governed by the laws of the State of California without regard to its conflict of laws principles. By using this Site you agree that the sole jurisdiction and venue for any litigation arising from your use of this Site shall be an appropriate United States federal or California state court located in San Bernardino County, California, United States. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
These section titles in this Agreement are for convenience only and have no legal or contractual effect.
You agree that no agency, joint venture or partnership relationship exists between you and us as a result of this Agreement or use of this Site.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All Rights Reserved. Any rights not expressly granted herein are reserved.
Nothing in this disclaimer should be construed as a waiver of any applicable exemption provisions that may be available to the Company.