TERMS AND CONDITIONS
- 1. ACCEPTANCE OF TERMS & CONDITIONS Please read these Terms and Conditions carefully. These Terms & Conditions (hereinafter referred to as “T&C’s”), govern your access and use of this Site. By accessing or using this Site you agree to be bound by these T&C’s 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 T&C’s. Elle-publishing.co.uk reserves the right to make changes to this Site and to these T&C’s at any time without prior notice. You should review these T&C’s each time you access this Site.
- 2. COPYRIGHTED MATERIALS FOR LIMITED USE Elle-publishing.co.uk provides users with access to a large collection of graphics, photographs, images, document layouts, artwork, text, fonts, software tools and other information (referred to herein as “Content”. This Site and all Content are the copyrighted property of Elle-publishing.co.uk, or the copyrighted property of parties from whom Elle-publishing.co.uk 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 Elle-publishing.co.uk or the content except as expressly allowed in these T&C’s. Elle-publishing.co.uk reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.
- 3. CUSTOMER CONTENT You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Elle-publishing.co.uk are entirely responsible for all Content that you send, upload, post or otherwise transmit via the Service. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United Kingdom, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United Kingdom; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Elle-publishing.co.uk or any third party. Elle-publishing.co.uk does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Elle-publishing.co.uk be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. You understand that you control the privacy of any Content you elect to post by granting access under your personal password. When you, or someone to whom you have given access, orders a print item using your password, you grant Elle-publishing.co.uk the world-wide, royalty free and nonexclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the Content on the Service and on the printed product for the purposes of storing designs or processing print orders. This license exists only for the length of time necessary for Elle-publishing.co.uk to complete your order or until you delete the Content from the Service. You acknowledge that Elle-publishing.co.uk does not pre-screen Content, but that Elle-publishing.co.uk and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the T&C’S or may otherwise be objectionable. You further acknowledge and agree that Elle-publishing.co.uk may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:(a) comply with legal process; (b) enforce the T&C’S; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Elle-publishing.co.uk, its users and the public.
- 4. CUSTOMER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Elle-publishing.co.uk of any unauthorised 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. Under no circumstances will Elle-publishing.co.uk be liable for any loss or damage arising from your failure to comply with this Section 3.
- 5. INDEMNITY You agree to indemnify and hold Elle-publishing.co.uk, and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the T&C’S, or your violation of the rights of a third party.
- 6. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- 7. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Elle-publishing.co.uk may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on Elle-publishing.co.uk’s servers for Customer use. You agree that Elle-publishing.co.uk has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to the Service. You acknowledge that Elle-publishing.co.uk reserves the right to delete Content stored on the Service which is inactive for an extended period of time. You further acknowledge that Elle-publishing.co.uk reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.
- 8. MODIFICATION OR TERMINATION TO SERVICE Elle-publishing.co.uk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that Elle-publishing.co.uk, in its sole discretion, may terminate your password, account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if Elle-publishing.co.uk believes that you have violated or acted inconsistently with the letter or spirit of the T&C’S. Elle-publishing.co.uk may also in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that Elle-publishing.co.uk shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
- 9. LINKS FROM TIME TO TIME, you may find, links to third party websites from the Service. You acknowledge your understanding that your access to and use of any third party website will be governed by the T&C’S belonging to such third party. Elle-publishing.co.uk does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these websites. You further acknowledge and agree that Elle-publishing.co.uk shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.
- 10. DISCLAIMER OF WARRANTIES you expressly understand and agree that (a) your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Elle-publishing.co.uk expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. (b) Elle-publishing.co.uk makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or errorfree, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. (c) no advice or information, whether oral or written, obtained by you from Elle-publishing.co.uk or through the use of the service shall create any warranty not expressly stated in the T&C’s. 11. Limitation of liability you expressly understand and agree that Elle-publishing.co.uk and its affiliates, officers, employees, agents, vendors or other business partners, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Elle-publishing.co.uk has been advised of the possibility of such damages), resulting from (i) your use or inability to use the service; (ii) your cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) the unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
- 12. TRADEMARK INFORMATION Elle-publishing.co.uk and Theonlineprintingshop.co.uk are trademarks of Elle-publishing.co.uk. You shall not display or use in any manner, the Elle-publishing.co.uk Marks, without Elle-publishing.co.uk’s prior written permission. All other brand and product names found on the Elle-publishing.co.uk site are considered trademarks or registered trademarks of their respective companies. You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Elle-publishing.co.uk Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are specifically licensed to you by the copyright holder.
- 13. COPYRIGHT INFRINGEMENT (a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
- 14. GENERAL INFORMATION The T&C’S constitute the entire agreement between you and Elle-publishing.co.uk and govern your use of the Service, superseding any prior agreements between you and Elle-publishing.co.uk. You also may be subject to additional T&C'S that may apply when you use affiliate services, or third-party content. These T&C’S and the relationship between you and Elle-publishing.co.uk shall be governed by the laws of the
, without regard to its conflict of law provisions. You and Elle-publishing.co.uk agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom . The failure of Elle-publishing.co.uk to exercise or enforce any right or provision of these T&C’S shall not constitute a waiver of such right or provision. If any provision of these T&C’S is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these T&C’S remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these T&C’S must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the T&C’S are for convenience only and have no legal or contractual effect. United Kingdom