Dyoc-agreement

Welcome to the Design your own card.com™ web site (the "Site"), a service of Maxgraphic™, a Washington State company. Design your own card.com is a custom printing service that's been online since 1999. The following terms and conditions govern your use of this site (the "Site"). Please read them carefully. By using this site or submitting an order, you indicate your acceptance of and agreement to the terms and conditions below. For the purposes of this agreement, "We" refers to Maxgraphic and its authorized agents. "You" and "your" refer to the user of the Site. We encourage you to review the Site and these terms periodically for any updates or changes.

YOUR PRIVACY & SECURITY

We do not give, sell, or rent your information to any other party except for the purpose of fulfilling your order. For example, we give your shipping information to the shipper you select. We do not store you credit card information after we've used it to place a charge, even if you've made an account with us. Our site is PCI compliant and is periodically tested to maintain that compliance.

COPYRIGHT

All content (collectively, "Content") on this site is copyrighted as the original collective creation of Maxgraphic under United States copyright laws and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. The Content of Design your own card.com is the intellectual property of Maxgraphic and is protected by United States and international copyright laws. This site may be used only to design and order printed material from Maxgraphic or its 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.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under 17 U.S.C. § 107 of the United States Copyright Act, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner.

TRADEMARKS

Maxgraphic™ and Design your own card.com™ are trademarks and servicemarks of Maxgraphic, a Washington State company, and may not be used without the express written permission of Maxgraphic.

USE OF SITE

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose, commercial or otherwise, that is not expressly permitted by Maxgraphic in writing.

DISCLAIMER OF COMPREHENSIVE LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MAXGRAPHIC PROVIDES THIS SITE ON AN "AS IS" BASIS. MAXGRAPHIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE PRODUCTS OFFERED ON THIS SITE. MAXGRAPHIC DISCLAIMS ALL 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 MAXGRAPHIC 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 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.

SALES TAXES AND DUTIES

Maxgraphic shall automatically charge and withhold the applicable sales tax for orders from Washington State. Customers from any other state or country shall be solely responsible for all other taxes and duties applicable in their jurisdiction.

PRICING

We make our best efforts to display accurate pricing, but in the event of pricing errors we will contact you before accepting and processing your order with any necessary pricing adjustments. You maybe either accept the revised pricing or cancel your order.

EXPORT

United States export laws regulate the export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree by using this site to abide by these laws, including but not limited to, the Export Administration Act and Arms Export Control Act of the United States, and their regulations, not to transfer, by electronic means or otherwise, any Content copied or derived from the Site to either a foreign national or a foreign destination in violation of such laws.

JURISDICTION AND VENUE

We control the Site from our offices within the United States. By using this site, you agree that any legal action brought against Maxgraphic shall be governed by the laws of the State of Washington 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 Washington state court located in King County, Washington, United States.

OUR RIGHTS

We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind:

to satisfy any law, regulation, or government request; or
to protect our rights or property or the rights of users, sponsors, providers, licensers, licensees, vendors, or merchants.

We are not responsible for screening, policing, or monitoring such Content. If 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 VIOLATIVE OF ANY APPLICABLE LAW OR IS HARMFUL TO OUR INTERESTS.

We reserve the right to limit quantities of items purchased by each customer.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of the Site.

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.

These section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

OUR AGENT FOR NOTICE

Maxgraphic
PO Box 1344
Port Townsend, WA 98368
support@designyourowncard.com

Last updated December 2, 2009.

COPYRIGHT NOTICE