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Terms of Use (Cont.) 2
User Conduct
In using this Site, you agree to not:
  • upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on this Site or otherwise (“Content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortuous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
  • impersonate any person, entity, company or falsely state or otherwise misrepresent your affiliation with a person, entity or company;
  • incorporate images or names that would violate a person’s right of privacy or publicity; or
  • incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness.
  • upload, download, post, email or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or design that you’ve copied from a website without written consent from the owner. You cannot create a “new” image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
  • upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
  • upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload, download, post, email or otherwise transmit false or misleading information;
  • disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
  • access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of any VivoPrint affiliated sites may be subject to prosecution;
  • disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
  • frame, link or use API to the Site except as permitted in writing by VivoPrint;
  • You acknowledge that VivoPrint does not pre-screen submitted content, but that VivoPrint and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any content that is available via the site. Upon placing your order, you acknowledge that VivoPrint may review your order, and the content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this agreement. Without limiting the foregoing, VivoPrint and its designees shall have the right to remove any content that violates the agreement or is otherwise objectionable to VivoPrint. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, VivoPrint. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither VivoPrint nor any other party involved with the production of any product incorporating such Content assumes that responsibility. VivoPrint’s production of any product depicting your Content does not indicate that VivoPrint approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
    You acknowledge and agree that VivoPrint 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: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of VivoPrint, its users and thepublic.
    You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
    You agree that you are responsible for actions and communications undertaken under your account. VivoPrint takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against VivoPrint and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify VivoPrint and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
    You agree that you will use this Site and any products \, ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
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