Terms of service: an agreement between you and Customistic to enter and use this website and services
Welcome to the Customistic 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 Customistic Services:
- Create, design, customize products that are listed for sale.
- Buy products that are listed for sale.
- Save and share designs that you 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 blogs that you have the legal right to do so.
- Registering to subscribe to special offers and use of galleries.
2 Using our Customistic Services and Website:
2.1 ELIGIBILITY CHILDREN UNDER 18.
Customistic 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. They can come to purchase instore.
2.2 Definitions and Interpretation
- Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighboring or proximate rights anywhere in the world that currently exist or are recognized 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 Users 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 Customistic 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;
- use either the Website to supply any service to any person;
- 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 libelous, 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 groups, 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 effect on the Website and/or the PIKIWAREÂ® Platform,
- take any action that imposes an 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. Customistic Obligations:
4.1 Access to and use of the Website and Services
User acknowledges that Customistic 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
Customistic 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. Customistic 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 Customistic does not permit, authorize 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, the 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 an item to a public gallery, In consideration of the authorization granted under clause 4.1, User hereby grants to Customistic an irrevocable, perpetual, non-exclusive, worldwide license to do all acts and things (including to authorize 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 Customistic 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. Customistic 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 Customistic 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 rights of any person, and
- will comply with all applicable laws, rules, and regulations.
User further represents and warrants to Customistic 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;
- Customistic 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 Customistics 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 the 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, the user may experience downtime and errors in the use or operation of the Website and/or services provided.
Customistic 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 Customistic is not liable.
Customistic 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 Customistic, 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
- liability for fraud or deceit; or
- liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
- 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 authorized by Customistic;
- accident, misuse or abuse by anyone other than Customistic;
- 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 Customistic;
- products (including any hardware or software) or services not licensed or supplied by Customistic;
- a power surge or failure,
- events of force majeure or events outside Customistics actual control; or
- any other condition not arising under normal operating conditions;
- any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
- Subscribers liability to any person; or
- 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 Customistic has been advised of the possibility of any particular loss or damage.
Customistic may, 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 Customistic is not responsible for the operation of or content located on any such website, and Customistic 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 Customistic for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
User shall indemnify and hereby releases unconditionally Customistic , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to:
- its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use;
- the misuse or misappropriation of the said media or content; and
- any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.
9.2 Effect of termination
10.2 Entire Agreement
(c) Each party irrevocably and unconditionally waives all claims, rights and remedies that but for this clause it might otherwise have had in relation to any of the foregoing.
10.6 Jurisdiction and Applicable Law
This agreement and all matters relating to either the agreement, whether arising under or in connection with the agreement or in tort or in restitution or for breach of statutory duty or otherwise (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
10.9 Subscribers agreement to receive notice
By using this website you consent to receiving electronic communications from Customistic and its partners regarding any information contained herein. In addition, you may also receive electronic communications from Customistic or its partners regarding other products, services and information that may be of interest to you. If you wish to unsubscribe from such emails, you may do so using the unsubscribe links provided in the email.
10.10 Entire Agreement
Phone: +1 (702) 796-8236