Terms of service: an agreement between you and TM branding to enter and use this website and services
Welcome to the www.TMbranding.ca.ca website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1 TM Branding Services:
- Create, design, customize products that are listed for sale.
- Buy products that are listed for sale
- Save and share designs that your may have created.
- Use our fun picture and design tools.
- Save created images and designs into public and personal galleries.
- Post your created images to social networks or bloggs that you have the legal right to do so
- Registering to subscribe to special offers and use of galleries.
2 Using our TM Branding Custom Printing + Design Services and Website:
2.1 ELIGIBILITY CHILDREN UNDER 18.
TM branding will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
- Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
- A person means any form of legal entity as well as any quasi-legal entity.
- A User means any person using the website and/or services provided by Piki Print
- A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
- The word includes in any form is not a word of limitation.
3 User's Obligations
Users are and shall be wholly and exclusively responsible, at their own cost, for:
- all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
- the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
- complying with all laws, regulations and rules in the uses country or jurisdiction;
- complying with any recommendations or guidelines issued by TM branding with respect to the use of the Website and/or services and
3.2 Restrictions on Users
Users shall not and has no right to either:
- reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
- use either the Website to supply any service to any person; or
- modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
- access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
- infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
- is libellous, defamatory or slanderous,
- condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
- contains explicit sexual content,
- does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
- is designed to or does harass, threaten, defame or abuse others,
- exploits images or the likeness of minors,
- encourages the use of drugs or the under-age use of alcohol or cigarettes, or
- is generally offensive or in bad taste;
- use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
- use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWAREÂ® Platform,
- take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
- use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
- collect electronic mail addresses or other information from our Website,
- impersonate another person or entity,
- engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
- frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.
4. Lea Ann Thompson Obligations
User acknowledges that TM branding has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
4.4 Modification of the Website.
Lea Ann Thompson reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. [TM branding] shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
5.2 Prohibition on infringement
User acknowledges and agrees that TM Branding does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to TM branding an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TM Branding 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. Solid Apparel's - Got Merch.ca cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7.1 Users warranties
User represents and warrants to TM branding that, in its use of the Website and the Services provided, it:
- will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
- will comply with all applicable laws, rules, and regulations.
- User further represents and warrants to TM branding that:
- there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
- TM branding will not be required to make any payments or compensation to any person in connection with its use of such content; and
- such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.
7.2 Lea Ann Thompsons warranties
- be uninterrupted or free of errors and inaccuracies;
- meet users requirements; or
- operate in the configuration or with the hardware or software used by user.
- User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
- TM branding does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which TM branding is not liable.
- TM branding does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Lea Ann Thompson, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
8. Exclusion and Limitation of Liability
8.1 Subject to law
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
- any third party;
- actions of user that were not expressly authorised by TM branding;
- accident, misuse or abuse by anyone other than TM branding;
- alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than TM branding;
- products (including any hardware or software) or services not licensed or supplied by TM branding;
- power surge or failure,
- events of force majeure or events outside TM branding actual control; or
- any other condition not arising under normal operating conditions;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that TM branding has been advised of the possibility of any particular loss or damage.
TM branding, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that TM branding is not responsible for the operation of or content located on any such website, andTM branding cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against TM branding for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
9.2 Effect of termination
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.5 Governing Law and Jurisdiction
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.
11 Right of refusal, TM branding holds the right to refuse any and all terms outlined above and below at any time without notice or confirmation to that of the client. This includes process and product price changes, agreement terms, projected turnaround times at any time given company circumstances, company abilities to accomplish projects due to circumstances within and/or beyond our control. We reserve to the right to nil assume any responsibilities for client mistakes, rendering the client / customer liable for the full payment of their order regardless of any and all circumstances within and / or beyond the control that of Solid Apparel's - Got Merch.ca. We reserve the right to refuse or stop to projection on any project at any stage of production if the feel necessary, in turn potentially resulting the client's customers of TM branding to forfeit their deposit and / or full payment of project at any time. TM branding is not responsible for any trademark infringements derived from client supplied artwork and images they have asked us to produce with the client holding the full responsibilities to any sort of repercussions (Financial, legal) in courts and costs accumulated to Solid Apparel's got Merch will be the responsibility of the client in question. If in the case the client supplies an image found to beyond their ownership and right(s) to use, TM branding holds the right to legally and financially pursue for any losses accrued for time, defamation, including legally costs leaving the client responsible for any and all financial losses derived form client(s) actions.
12 TM branding holds nil responsibility for any and all client supplied materials provided to us by client and the supplier of their product. This includes lost, stolen, damaged items supplied to Solid Apparel's - Got Merch.ca by clients. This said we reserve the right for all to understand that TM branding will not replace lost, stolen, damaged items supplied to TM branding by clients. A storage fee for client(s) for items left at the lost, stolen, damaged items supplied to TM branding by client’s production studio beyond 1 month from project completion maybe subject to a minimum $20/month (depending on space it takes up) storage fee to the discretion of the managers of lost, stolen, damaged items supplied to TM branding by clients.
13 Any and all outstanding money amounts to all client projects and / or their accompanied invoices steaming beyond the stated due date on invoice(s) TM branding warn the client maybe subject to a 10% per month interest fee applied to the total of their full invoice amount for late payments. By client confirming project(s) order(s) requests to proceed for the team at TM branding on production either by, email, in person, on phone or the TM branding website sales and in and in-studio purchases The client agrees to claim / rcoupe responsibility for any and all financial losses / costs at any stage of any project regardless of any and all situations of any and all processes and understands that the client is held responsible to re-inburs TM branding regardless of any and all reason leaving TM branding at no fault nor liability to any loss what so ever. Rendering the client is fully responsible for full compansation to TM branding requirements.
By client approving order, start to proceed on material orders and production of any and all sort the client aggrees to all terms and guidlines outlined above and in the www.TMbranding.ca website in it's entirity.