Last modified: Sep 30, 2019
Please read these terms carefully. By accepting this disclosure and proceeding with the purchase or download, you acknowledge that you have read and understand this agreement, and you agree to be bound by its terms and conditions. If you do not accept these terms and do not indicate “I Agree” to this agreement then cancel this process (by closing the applicable browser window).
necisdesigns.com does NOT share or sell any of your personal information.
1. Use of this Web site constitutes acceptance of these Terms of Service.
2. ALL Sales are Final as all scrapbook pages are provided AS-IS From the Printer.
3. The owners of this website are not responsible for any personal or property damage resulted from the use of our product.
necisdesigns.com (“necisdesigns.com”) this website and services, are provided to you subject to the following Terms Of Service (“TOS”), which may be updated by us from time to time without notice to you. In order to use necisdesigns.com Services, you must first agree to the TOS. You may not use our Services if you do not accept the TOS. Your use of our Services constitutes acceptance of the TOS. You understand and agree that the operator will treat your use of the Services as acceptance of the TOS. You may not use the Services and may not accept the TOS if you cannot form a binding contract with the necisdesigns.com (for example: if you are not of legal age).
You also agree to provide true, accurate, current and complete information about yourself when placing an order. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Services (or any portion thereof) to you.
“Services” means all content found on necisdesigns.com; the database containing information, structure and organization of the data;
You understand and agree that the Services are provided “AS-IS” and that you also agree to provide true, accurate, current and complete information about yourself when placing an order. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or any personalization settings. Under no circumstances will necisdesigns.com be liable in any way for any content, including, but not limited to, any ERRORS OR OMISSIONS IN ANY CONTENT, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via our Services. 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 are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree not to collect or store personal data about other users. You agree not to upload, post, email, transmit or otherwise make available any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation using our Services.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that necisdesigns.com has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which the Company may suffer) of any such breach.
You agree to indemnify, defend and hold us harmless and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through our Services, your use of our Services, your connection to our Services, your violation of the TOS, or your violation of any rights of another.
necisdesigns.com gives you a personal, royalty-free, non-assignable and non-exclusive license to use “necisdesigns.com” website for the sole purpose of enabling you to use our Services to order our scrapbook pages, in the manner permitted by the TOS.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the website or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by necisdesigns.com in writing.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to necisdesignscom website through our webpages, email, or other forms of communication you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property necisdesigns.com without any obligation of necisdesigns.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances. You also confirm and warrant to us that you have all the rights, power and authority necessary to agree to these conditions.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that we may without prior notice, immediately terminate your access to the Services. You agree that we shall not be liable to you or any third party for any termination of your access to our Services.
Your correspondence or business dealings with any entities found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. necisdesigns.com, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, HAVE HAD AN OPPORTUNITY TO CONSULT WITH YOU OWN LEGAL ADVISERS IF IT SO DESIRED, AND AGREED TO ALL ITS TERMS AND CONDITIONS. YOU AGREE THAT, IN INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT HAS BEEN DRAFTED BY necisdesigns.com AND YOU SHALL NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE, OR ANY SIMILAR THEORY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT necisdesigns.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (v) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (vi) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (vii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT, necisdesigns.com LIABILITY SHOULD EXCEED TWENTY DOLLARS.
THE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT necisdesigns.com HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Some of the Services may display advertisements and promotions. The manner, mode and extent of advertising are subject to change without specific notice to you. In consideration for our granting you access to and use of our Services, you agree that we may place such advertising on the Services.
The Services may include hyperlinks to other web sites or content or resources. You acknowledge and agree that necisdesigns.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that necisdesigns.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
17. General Information
Entire Agreement. The TOS constitutes the entire agreement between you and necisdesigns.com and governs your use of the Services, superseding any prior agreements between you and the necisdesigns.com with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of necisdesigns.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.