Terms of Service
Last Updated: November 18th, 2017.
1. GENERAL PROVISIONS.
1. 1.1 USE OF INFORMATION AVAILABLE ON THE SITE.
(a) You acknowledge that Demeterbogdan.com reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.
(b) Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) ("Site Information") is the property of Demeterbogdan.com and/or its suppliers or licensors.
(c) Certain portions of the Site have been designated as areas in which registered users may post information or materials (defined below as "Posted Information"). All such Posted Information remains property of its respective owner(s). Please see paragraph 2 below for further details regarding Posted Information.
(d) Unless otherwise noted in a particular document, Demeterbogdan.com hereby authorizes you to electronically copy or print in hard copy any document published by Demeterbogdan.com on the Site solely for your internal reference purposes within your organization or for your own personal use. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by Demeterbogdan.com without prior written approval from Demeterbogdan.com or the appropriate supplier or licensor is strictly prohibited.
(e) Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
(g) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
1.2 DESIGN AND LAYOUT.
The design of the Site is the property of Demeterbogdan.com. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.
1.3 LINKS TO THIRD PARTY SITES.
Any links to third party sites are provided solely for your convenience. Such sites are not under the control of Demeterbogdan.com, and Demeterbogdan.com is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
1.4 USER PRIVACY INFORMATION.
1.5 PRODUCT DESCRIPTIONS.
Demeterbogdan.com attempts to be accurate at all times. However, Demeterbogdan.com does not warrant that descriptions or other content of the Site are accurate, complete, reliable, current or error-free.
1.6 USER FEEDBACK AND IMPROPER TRANSMISSIONS.
(b) You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam", or any threatening, harassing, hateful, inflammatory, libelous, false, defamatory, offensive, indecent, obscene or pornographic material, material that invades someone's right to privacy or celebrity, material that violates someone's copyright or other intellectual property rights, or material that would violate any other applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities, or that is otherwise objectionable. However, if such communications do occur, Demeterbogdan.com will have no liability related to the content of any such communications.
(c) Except where such information qualifies as Posted Information, you may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
(d) You are also prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information.
(e) Demeterbogdan.com may, but is not obligated to, review or monitor areas on the Site where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. Demeterbogdan.com is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
1.7 DELETION AND LOCKOUT.
1.8 INTERNATIONAL INFORMATION.
The Site may provide access to international data about Demeterbogdan.com, its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that Demeterbogdan.com, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.
1.9 CONTESTS AND SWEEPSTAKES.
1.10 LINKING AND FRAMING.
You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You may link to the Site only by linking to the home page located at www.demeterbogdan.com. You are prohibited from "deep linking" to any other pages in a manner to bypass the home page.
1.12 SITE SERVICES AND PURCHASES. Demeterbogdan.com may, from time to time, offer through the Site certain services and may offer you to make purchases of certain products that are subject to their own specific Terms of Service, available at www.demeterbogdan.com/terms-of-service, and Return & Refund Policy available at at https://www.demeterbogdan.com/return-refund/. In the event of any conflict between those Return & Refund Policy and the applicable Terms of Service and Terms of Purchase shall control. Please be sure to review any applicable Terms of Service before making use of a Site service and of Terms of Sale before making any purchases on the Site.
2.USER REPRESENTATIONS AND WARRANTIES.
2.1.Demeterbogdan.com respects the intellectual property rights of others, and expects its users to do the same. Users are prohibited from posting anything on the Site that violates the intellectual property rights of others. Therefore, by registering or submitting Posted Information, you hereby represent and warrant that:
b) The Posted Information does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction ("Intellectual Property Rights") of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;
c) To the extent you are advertising to transfer or sell any product, you have all right, title and interest in such product to allow such transfer or sale (in particular, please note that the software license applicable to an Demeterbogdan.com Product governs the ability to transfer it to another user);
d) You are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the Posted Information is true and your own information; and
e) The Posted Information does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.
By reviewing or using the Posted Information, you represent and warrant that:
a) You will only use it for lawful purposes;
b) Your use of the Site will not violate or constitute the infringement of the Intellectual Property Rights of Demeterbogdan.com or any other person or entity or otherwise constitute the breach of any agreement with any other person or entity; and
c) Your use will not constitute an unlawful, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic use, or otherwise violate any other applicable law or regulation.
Terms of Service
Last Updated: November 18th, 2017
Demeterbogdan.com may change these Terms of Service from time to time at Demeterbogdan.com's sole discretion. Your continued use of the Service following the posting of such changes will constitute your agreement to all such changes. Please visit this section of the Site periodically to review the current version of these Terms of Service. If you disagree with the changed Terms of Service, do not use the Service any longer.
1. The Service and Products.
1. 1.1 Demeterbogdan.com provides various Internet-based services through the Site (collectively, the "Service"). One such service enables you, by interacting with Demeterbogdan.com's computers using the Site, to upload photos or other images (collectively, "Images") and to customize size, layout, colors and other specifications of the Images (collectively, "Designs" and, together with the Images, "Content") for the manufacture of machine-printed, custom-made canvas prints and other photo print products ("Products").
1.2 We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop the Service altogether without giving you prior notice.
2. Use of the Service.
1. 2.1 Eligibility.
Demeterbogdan.com will only knowingly provide the Service to parties that may lawfully enter into and form contracts under applicable law. If you are under the age of 18 (eighteen) years, you may use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The Service is not intended for children under 13.
2.2 Compliance with Terms of Service and Applicable Laws.
When you use the Service, you must comply with all of the terms and conditions of these Terms of Service, as well as the applicable agreements and policies referred to below, and all applicable laws, regulations and rules.
2.3 Your License to Use the Service.
(a) Except as expressly provided for in these Terms of Service, all intellectual property and other rights, title and interest in and to the Site and the Service are and will be the sole and exclusive property of Demeterbogdan.com and/or its suppliers or licensors.
(b) Demeterbogdan.com grants you a limited revocable, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Service for its intended purposes (the "License"), if and so long as you comply with these Terms of Service. The License does not include the right to collect or use information contained on the Site for purposes prohibited by Demeterbogdan.com, compete with Demeterbogdan.com, create derivative works based on the content of the Site, or download or copy the Site, other than page caching. If you use the Service in a manner that exceeds the scope of the License or if you otherwise breach these Terms of Service, Demeterbogdan.com may and will revoke the License granted to you. Demeterbogdan.com may also pursue other legal remedies permitted by applicable law against any person using the Site in violation of these Terms of Service.
2.4 Services by Third Parties.
3. Use of Your Content; License to Demeterbogdan.com.
1. 3.1 You will retain ownership of the Content that you upload to or design on the Site, particularly any Images to which you have the copyright or a license that permits you to upload such Images to the Site and to use the Service. By uploading Images to the Site or creating Designs and Content and submitting Posted Information in combination with the Images, Designs and/or Content, you grant the following licenses to Demeterbogdan.com: a fully-paid up, royalty-free, non-exclusive, worldwide, transferable, sublicensable right to to reproduce, distribute, prepare derivatives works from, crop, or otherwise modify the Images and Designs, for the purpose of, but not restricted to, the Site's "The Story Behind…" feature.
3. Reservation of Rights.
1. 3.1 Demeterbogdan.com reserves the right to modify, revise or discontinue the Service, or any features, functionality or services provided as part thereof or in connection therewith, without prior notice to you.
3.2 Demeterbogdan.com reserves the right, but does not assume any obligation, to monitor transactions and communications that occur using the Service. If Demeterbogdan.com determines, in its sole and absolute discretion, that you or another Demeterbogdan.com user has breached or will breach a term or condition of these Terms of Service or that such transaction or communication is inappropriate, Demeterbogdan.com may cancel such transaction or take any other action to restrict access to the Site or restrict the availability of any material that may be considered objectionable, without any liability to you or any third party.
4. Prohibited Use.
1. 4.1 You may only use the Service as expressly permitted by Demeterbogdan.com. You may not cause harm to or take any action which may adversely affect the Site or the Service. Specifically, without limitation, you may not:
(a) interfere with the Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
(b) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Service;
(c) use any device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology;
(d) collect email addresses or other information from third parties by using the Service;
(e) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Demeterbogdan.com's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service. By using the Demeterbogdan.com Site, you are promising that you are not using the Service or the Site for any of the Prohibited Uses.
5. Representations and Warranties.
1. 5.1 You represent and warrant to Demeterbogdan.com:
(a) that you have the full power and authority to enter into and perform under these Terms of Service or, if you are a minor, your parent or legal guardian has approved and consented to your entering into these Terms of Service and agrees to be bound by these Terms of Service,
(b) the acceptance and performance of your obligations under these Terms of Service do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, and
(c) these Terms of Service are your legal, valid and binding obligation, enforceable in accordance with their terms and conditions.
5.2 You represent and warrant to Demeterbogdan.com that, in connection with your use of the Service, you:
(a) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and
(b) will comply with all applicable laws, rules, and regulations and
(c) that you have the right to grant the License to Demeterbogdan.com, Inc. in subsection 3.1. You further represent and warrant to Demeterbogdan.com that:
(d) there are no claims, demands or any form of litigation, arbitration or investigation pending, or to the best of your knowledge, threatened with respect to any of your Content;
(e) Demeterbogdan.com will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Demeterbogdan.com incurs in providing the Service;
(f) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and
(g) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
6. Disclaimers and Exclusions.
1. 6.1 DISCLAIMER OF WARRANTIES.
DEMETERBOGDAN.COM PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEMETERBOGDAN.COM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE:
(a) WILL BE UNINTERRUPTED OR TIMELY,
(b) WILL BE SECURE, FREE OF INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS,
(c) WILL MEET YOUR REQUIREMENTS, OR
(d) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEMETERBOGDAN.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
6.2 EXCLUSION OF DAMAGES. DEMETERBOGDAN.COM OR ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS) ARISING IN ANY WAY OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 LIMITATION OF LIABLITY. IN NO EVENT WILL THE LIABILITY OF DEMETERBOGDAN.COM OR ITS SUPPLIERS OR LICENSORS EXCEED THE PRICE PAID BY YOU FOR THE SERVICES RENDERED TO YOU OR, IF YOU PURCHASED ANY PRODUCT, THE PRODUCT. THE PRICE EXCLUDES THE COST OF SHIPPING OF ANY PRODUCTS TO YOU OR ANY TAXES OR ANY OTHER PAYMENT TO A THIRD PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF DEMETERBOGDAN.COM, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
1. 7.1 You agree to indemnify and hold Demeterbogdan.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Indemnified Parties alleging or threatening that, through any act or omission, you have breached any of these Terms of Service or have caused loss, damage or liability to such claimant. If you are required to indemnify Demeterbogdan.com under this paragraph 7, Demeterbogdan.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Demeterbogdan.com's express written permission.
8. Termination of Service.
1. 8.1 Demeterbogdan.com may, at any time and without notice to you, suspend or terminate your use of the Service if Demeterbogdan.com determines, in its sole and absolute discretion, that you have breached a term of these Terms of Service.
8.2 Notwithstanding paragraph 8.1 above, these Terms of Service will survive indefinitely unless and until Demeterbogdan.com chooses to terminate them.
8.3 If you or Demeterbogdan.com terminates your use of the Service, Demeterbogdan.com may delete any Content or other materials relating to your use of the Site or the Service on Demeterbogdan.com's servers or otherwise in its possession without notice to you, and Demeterbogdan.com will have no liability to you or any third party for doing so.
1. 9.1 All notices required or permitted to be given under these Terms of Service must be in writing and delivered to the other party by any of the following methods: (i) certified UE mail, return receipt requested, (ii) tracked overnight courier service, or (iii) electronic mail. If you give notice to Demeterbogdan.com, you must use the following addresses: Demeterbogdan.com, Ez, Van de Wateringelaan 104, Voorburg, Zuid-Holland, Netherlands, 2274CK, email: email@example.com. If Demeterbogdan.com provides notice to you, Demeterbogdan.com will use the contact information provided by you to Demeterbogdan.com. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the second day after deposit with such courier service, or (iii) if by electronic mail, on the first business day after the message was sent, if no electronic notice of delivery failure or system error is provided to the sender. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
9.2 These Terms of Service will be governed by and construed in accordance with the laws of Netherlands without reference to such laws' conflict of law principles.
9.3 All disputes arising out of, relating to or connected with these Terms of Service or your use of any part of the Service will be exclusively resolved by the state or federal courts sitting in Netherlands. You waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non conveniens. Notwithstanding anything to the contrary in this paragraph 9.3, Demeterbogdan.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, against you without the requirement of posting a bond or other security or proving money damages are insufficient, from any court of competent jurisdiction. You and Demeterbogdan.com irrevocably waive the right to jury trial.
9.4 These Terms of Service will be binding upon each party hereto and its successors and permitted assigns. Demeterbogdan.com may assign its rights and delegate the performance of its obligations under these Terms of Service to any affiliate of Demeterbogdan.com. You may not assign your rights or delegate your obligations under these Terms of Service to any person without the prior written consent of Demeterbogdan.com.
9.5 These Terms of Service (including all of the policies and other terms and agreements described therein , which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter.
9.6 No failure or delay by a party in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
9.7 You and Demeterbogdan.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.