TERMS OF USE
Thank you for visiting Design-Your-Thoughts.com. Design-Your-Thoughts.com provides services to you under the following terms of use, which we may update from time to time without notice to you. By using this site you agree to these terms of use. Please read these Terms of Use carefully before using Design-Your-Thoughts.com. Your continued use of Design-Your-Thoughts.com constitutes your agreement to be bound by these terms of service in effect at the time of such use. The term "Design-Your-Thoughts.com" used in these terms of use means Design-Your-Thoughts.com and Design Your Thoughts, LLC, and their parents, subsidiaries and affiliates.
PRIVACY
Any information you provide to us is subject to our Privacy Policy. For more information, review our full Privacy Policy.
COPYRIGHT
All content included on this site, such as text, graphics, logos, icons, photos, products, digital downloads, data compilations, and software, is the property of Design-Your-Thoughts.com or its content supplier(s) and is protected by United States and international copyright laws. The compilation of all content (literary or otherwise) on this site is the exclusive property of Design-Your-Thoughts.com and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Design-Your-Thoughts.com. This prohibition includes, but is not limited to, the use of any proprietary Design Your Thoughts literary prose or expressions on any website, in e-mails, or in other media without express written permission from Design Your Thoughts.
CUSTOMER CONDUCT
You agree that any information you provide to Design-Your-Thoughts.com is truthful and accurate. You agree to not use Design-Your-Thoughts.com to upload, post, e-mail, send by printed card, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes upon any, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to Design-Your-Thoughts.com, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify Design-Your-Thoughts.com for all claims resulting from any content you supply. By submitting content to Design-Your-Thoughts.com through web-based functions or via e-mail, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to Design-Your-Thoughts.com solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to Design-Your-Thoughts.com for the sole purpose of delivering products and services.
You acknowledge that Design-Your-Thoughts.com is not obligated to prescreen content submitted by users, but that Design-Your-Thoughts.com shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via Design-Your-Thoughts.com (or via email) or to refuse to accept content for use in any products or services offered on or through Design-Your-Thoughts.com by any user that violates these terms of service or is otherwise objectionable in Design-Your-Thoughts.com's sole judgment. Design-Your-Thoughts.com may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user's submission of content. If, upon such request, Design-Your-Thoughts.com does not receive information it deems sufficient to evidence such rights, Design-Your-Thoughts.com reserves the right to (I) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
You also acknowledge and agree that Design-Your-Thoughts.com 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 these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of Design-Your-Thoughts.com, its users and the public.
Design-Your-Thoughts.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of Design-Your-Thoughts.com or where expressly permitted. You agree not to use or resell Design-Your-Thoughts.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL DESIGN-YOUR-THOUGHTS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF DESIGN-YOUR-THOUGHTS.COM OR A DESIGN-YOUR-THOUGHTS.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DESIGN-YOUR-THOUGHTS.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DESIGN-YOUR-THOUGHTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DESIGN-YOUR-THOUGHTS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DESIGN-YOUR-THOUGHTS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT DESIGN-YOUR-THOUGHTS.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
PRODUCT INFORMATION DISCLAIMER
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on Design-Your-Thoughts.com may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. Design-Your-Thoughts.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted to us. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted to us. We apologize for any inconvenience this may cause you.
UNSOLICITED SUBMISSIONS
Design-Your-Thoughts.com welcomes feedback regarding its products and services. However, Design-Your-Thoughts.com's policy is to not accept or consider creative ideas, suggestions or materials other than those it has specifically requested as it relates to the creation of your custom product(s). We hope you will understand that the intent of this policy is to avoid misconceptions when projects developed by Design-Your-Thoughts.com's production staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Design-Your-Thoughts.com. None of the Information shall be subject to any obligation of confidentiality on the part of Design-Your-Thoughts.com and Design-Your-Thoughts.com shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.
NOTICE
Notices to you may be made either via email or regular mail. We may also provide notice of changes to the terms of service or privacy policy by displaying notices or links to such notices to you generally on Design-Your-Thoughts.com.
TERMINATION
This agreement will terminate immediately without notice from Design-Your-Thoughts.com if in Design-Your-Thoughts.com's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from Design-Your-Thoughts.com and all copies thereof, whether made under the terms of this agreement or otherwise.
DISPUTES AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to Design-Your-Thoughts.com or to products you purchase through Design-Your-Thoughts.com shall be submitted to confidential arbitration in Lemoore, California, except that, to the extent you have in any manner violated or threatened to violate Design-Your-Thoughts.com's intellectual property rights, Design-Your-Thoughts.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Design-Your-Thoughts.com.
MISCELLANEOUS
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Design-Your-Thoughts.com makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.