Please review the following terms and conditions which govern your use of the web sites offered by vPersonalize, Inc. (the “Sites”) and related services. By accessing, using, creating or uploading designs and other information to and from the Sites, setting up a storefront, placing orders to vPersonalize, or accepting shipments of products to you or to your customers (collectively the “Service” or “Services”), you agree to be bound by these terms and conditions.
Reproduction, distribution, or republication of any information, materials, documents, software, products, and services by any means is strictly prohibited. The use of any software or documentation is subject to the terms and conditions set forth in the applicable license agreement. Nothing in this web site shall be construed as conferring any license of vPersonalize's intellectual property rights. Unauthorized use, reverse engineering and or other copyright infringement will entail civil and criminal penalties as applicable under law.
License and Access
Subject to your compliance with this Agreement and payment of subscription fees, vPersonalize Inc. ("vPersonalize") grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Sites and Services. Any resale or derivative use of any Service, or its contents; any collection and use of any product, service, design, catalog; any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. Use of any vPersonalize trademarks, service marks, or other intellectual property, reverse engineering, data scrapping or unauthorized use of any software or information from this website is prohibited.
You are responsible for maintaining the confidentiality of your accounts and passwords and for restricting access to your computers, and you agree to accept responsibility for all activities that occur under your accounts or passwords. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide misleading information to vPersonalize.
vPersonalize accepts online payment via credit card, debit card, or electronic check (ACH). All payments sent electronically are securely transmitted. vPersonalize may, in its sole discretion, accept payment via purchase order for qualified customers, for which invoices may be paid by check, credit or debit card or ACH.
Intellectual Property Rights of vPersonalize and Third Parties
All content included in or made available through the Sites, such as code, design, user interface, algorithms, text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations is the property of vPersonalize. All other company, product or services names may be trademarks or registered trademarks of their respective owners. In addition to the protections of copyright and trademark laws, you should be aware that the intellectual property is protected by multiple patents granted to vPersonalize, with additional patents pending.
vPersonalize will maintain an archive of product designs and collections that you choose to save. Each product, whether active or inactive, will be maintained for a period of time from the date of initial saving, as determined by vPersonalize and explained on the Sites (the "Retention Period"). At the end of the Retention Period, vPersonalize will give you the option of saving the product for an additional Retention Period, otherwise the product will be deleted from the archive. vPersonalize exercises its best efforts to maintain your design library in accordance with your instructions, but is not liable for any products or designs that might be deleted or rendered unusable by mistake or technical changes or failures. You must download and keep backups of all your design libraries.
You own exclusive rights to all patterns and designs you have created and/or uploaded to the Site. vPersonalize will not use your patterns for any purpose other than to fulfill your orders. However, vPersonalize exclusively owns all rights to the 3D models and apparel catalogue patterns on the Site, including all rights to derivative works created using them. No license, transfer, right or any other permission is granted to the catalogue patterns, except for the limited purpose of using them for your own manufacturing patterns, all of which remain the exclusive property of vPersonalize.
vPersonalize does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any products or services, including Internet Access Service Provider problems or problems caused by any browser software or any computer virus or related problem, or credit card payment processing problems.
IN NO EVENT WILL VPERSONALIZE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITES OR SERVICES OR USE THEREOF OR INABILITY TO USE THEM BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF VPERSONALIZE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
DISCLAIMER OF WARRANTIES
THE VPERSONALIZE SITES AND SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) ARE PROVIDED BY VPERSONALIZE ON AN "AS IS" AND "AS AVAILABLE" BASIS. VPERSONALIZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VPERSONALIZE SITES OR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE). YOU EXPRESSLY AGREE THAT YOUR USE OF THE VPERSONALIZE SITES AND SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VPERSONALIZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VPERSONALIZE DOES NOT WARRANT THAT THE SITES OR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO EVERYONE.
When you use vPersonalize Sites or Services, or send e-mails to us, you consent to receive communications from us electronically. We will communicate with you by e-mail or other methods. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This Agreement shall be governed by the laws of the State of California and, where applicable, by United States federal law.