You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
Copyrighted Materials for Limited Use
Charmscraft provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Charmscraft (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Charmscraft does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Charmscraft.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Charmscraft to produce the Products on your behalf.
You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. Charmscraft reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
Transfer of Title
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
Disclaimer of Warranty
The site and its content are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. References and links to products or services of independent companies may appear on the site. These references and links are provided "as is" without warranty of any kind, either expressed or implied.
Limitation of Liability
In no event shall Charmscraft or its licensors, suppliers, or vendors, their officers, directors, employees, or agents be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not Charmscraftd has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from Charmscraft or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Charmscraft be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of this site or its content. In no event shall Charmscraft be responsible for any delays / damages occurred during transit of shipments
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Charmscraft in connection with the operation or content of this Site shall be provided by the submitter and received by Charmscraft on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Charmscraft. By submitting any such information to Charmscraft, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Charmscraft shall be free to use such information on an unrestricted basis.
Printer Details on Products
As the printer of the digital images or text on products ordered by customers on our site, Charmscraft.com reserves the right to print its logo as printer details. We would be unable to attend any complaints or requests regarding the same.