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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.
DigiLab 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.
DigiLab graphic design services are subject to additional terms of use
found here:
DIGILAB DESIGN SERVICES TERMS OF USE
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 DigiLab Singapore Pte. Ltd., and/or its
subsidiaries (referred to herein as DigiLab) or the copyrighted
property of parties from whom DigiLab 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. DigiLab reserves the right to add to, delete from, or modify any
part of Content at any time without prior notice.
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 DigiLab(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 DigiLab does not entitle you to use any portion of Content apart
from the finished Products as they are supplied by DigiLab.
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 persons 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. DigiLab may
terminate its service to customers found to be using DigiLab 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
DigiLab to produce the Products on your behalf.
You may not use this Site to send or use e-cards in any manner that
would constitute the transmission of Spam or unsolicited e-mails. You
may not use scripting or other programs to automate the creation
and/or transmission of e-cards. DigiLab reserves the right, in its
sole discretion, at any time, and without prior notice, to limit the
number of recipients to which you may send an e-card and/or limit the
number of e-cards that you may send.
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.
Indemnification
You agree that you shall indemnify and defend DigiLab and all parties
from whom DigiLab 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.
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 DIGILAB 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 DIGILAB 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 DIGILAB OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES
ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF
SERVICE. IN NO EVENT SHALL DIGILAB 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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