Terms of Use

Introduction

Thank you for choosing DigiColorCreations to express your digital creativity. You are encouraged to use DigiColorCreations.com to express yourself artistically, give feedback, and collaborate with other members. Your access and use of the DigiColorCreations.com site (the "Site") and its services (the "Services"), means that you have read and agree to all of the terms of use set forth below (the "Terms"). If you do not agree with these Terms, then do not access the Site or use the Services and Products. If you have any questions or concerns, contact us by email at info@DigiColorCreations.com.

Please be advised that these Terms of Use include indemnity obligations.

User Conduct

You will have the option of setting up a user account through the Site. By doing so, you agree that (a) you are at least 18 years of age and (b) you have provided us with true, accurate and current information about yourself when requested during the registration process (including your name and email address). You will be solely responsible for all activities conducted through your user account, including but not limited to any purchases from and submissions to the Site.

The Services and Products ("Products") offered on our Site are for your personal use only. You may not reproduce duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products, and you may not access the Site or use the Services for any commercial purpose. The images, photographs, designs and other content (collectively, the "Third Party Content") contained on our Site may consist of the copyrights, trademarks, service marks, trade names or other intellectual property of third parties. These portions of the Third Party Content are provided for the convenience of certain users of the Services who are expressly authorized to use them by their owners. You may not use any third party intellectual property without such express authorization and nothing contained herein may be deemed or interpreted to provide such authorization.

In accessing the Site and using the Services, you may submit to us your own images, photographs, text or other content (collectively "Your Content"). By submitting Your Content to us, you grant us a perpetual, worldwide, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute Your Content for the purpose of providing, advertising or promoting the Services. You further represent and warrant that you either own Your Content or have written permission from the applicable intellectual property rights owner to make Your Content available to us for use on the Site and with the Services. You are and will be completely responsible for the use of Your Content in connection with the Site and the Services. Your use of the Site will comply with all applicable laws, rules and regulations.

The owners, directors, officers, employees, representatives, agents and affiliates of the Site (collectively "We") reserve the right to reject any or all of Your Content if we determine, in our sole discretion, that such content is inappropriate or otherwise not consistent with the exercise of good judgment. For example, and without limitation, we may reject any content that we believe:

  • infringes the copyright, trademark, patent, trade secret, right of publicity or any other right of a third party;
  • is or may be libelous, defamatory or slanderous;
  • denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged;
  • is designed to or will harass, threaten, defame or abuse others;
  • exploits images or the likeness of individuals under 18 years of age;
  • is misleading and deceptive and offers fraudulent goods, services, schemes, or promotions;
  • characterizes any other unlawful activity as acceptable, glamorous or desirable; or
  • contains malicious code, including but not limited viruses, worms, Trojan horses or any material which may compromise the Services.

Third Party Sites/Products

From time to time, our Site may include links to third party sites or products that we think may be of interest to you. We include these links only as a matter of convenience for you. We make no representations or warranties concerning such third party sites or products, and your use of such third party sites and products will be governed by the policies and rules of such third parties.

Orders

Because the Services and Products are personalized and creator-controlled, all sales are final when you submit your payment and no refunds will be given. Please carefully review all proofs before finalizing your order.

International shipping charges for those orders without U.S. addresses -- DO NOT INCLUDE the applicable import duties, customs fees, or taxes that may be due upon entry into the destination country. All duties, fees and taxes are your responsibility, and must be paid at the time of delivery. You should contact your local customs office for more information. Because of government and/or shipping company restrictions, international shipping to some countries may not be available. All international shipping rates on orders are subject to our confirmation. Where required, you agree to allow us to use your name and/or electronic signature on customs shipping forms as needed to fulfill an order you place with us.

Printing / Color / Resolutions / Sizes

DigiColorCreations.com attempts to display the colors of the Products shown on this Site as accurately as possible. However, because your monitor"s or mobile device"s display may vary the colors and sharpness shown, no guarantee is made by DigicolorCreations that the Site"s images as displayed on your monitor or mobile device will accurately depict the actual color and sharpness of the printed Products.  The sizes of Products displayed on the Site may not be the exact size of the the finished Printed Products, which may deviate from the size displayed on the Site by 0.5 inches more or less.

Damaged Goods

If you receive a damaged product, then you must email DigiColorCreations customer service within 10 days of receipt and tell us about the nature of the damage. If asked to do so by customer service, you agree to return the damaged product at your expense and/or submit a digital image via email clearly showing damage to the product. Upon review of your damaged product and/or digital image thereof, customer service, at its option, will repair or replace the damaged product. This damaged goods policy does not apply to Your Content, only to the physical product.

INDEMNITY

YOU WILL DEFEND AND HOLD HARMLESS US AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES REPRESENTATIVES, AGENTS AND AFFILIATES (THE "INDEMNITEES") FROM ANY LIABILITY, LOSS OR DAMAGE THAT THE INDEMNITEES MAY SUFFER AS A RESULT OF CLAIMS, DEMANDS, SUITS, PROCEEDINGS, CAUSES OF ACTION WHATSOVER THAT ARISE FROM OR ARE RELATED TO, BASED ON OR CONNECTED, DIRECTLY OR INDIRECTLY, WITH YOUR CONTENT OR YOUR ACCESS OF THE SITE OR USE OF THE SERVICES. YOUR DUTY OWED TO THE INDEMNITEES SHALL INCLUDE AN INDEMNITY FOR ALL LOSSES, DAMAGES, EXPENSES AND COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY THE INDEMNITEES IN CONNECTION WITH ANY CLAIM, ACTION, SUIT, PROCEEDING OR SEPARATE EFFORTS TO ENFORCE THIS INDEMNITY PROVISION.

Disclaimer of Warranties

YOU ACKNOWLEDGE THAT THE SITE, SERVICES AND PRODUCTS AVAILABLE THROUGH DIGICOLORCREATIONS ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. DIGICOLORCREATIONS HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SITE, SERVICES AND PRODUCTS (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY DIGICOLORCREATIONS OR DIGICOLORCREATIONS'S REPRESENTATIVES SHALL CREATE A WARRANTY.

Limitation of Liability

DIGICOLORCREATIONS SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. UNDER NO CIRCUMSTANCES SHALL DIGICOLORCREATIONS BE LIABLE FOR ANY DAMAGE TO ANY PHONE OR MOBILE DEVICE ON WHICH A DIGICOLORCREATIONS CASE IS USED. IN NO EVENT SHALL DIGICOLORCREATIONS BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNATIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT DIGICOLORCREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. DIGICOLORCREATIONS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. DIGICOLORCREATIONS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SITE AND THE SERVICES IS THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT SHALL DIGICOLORCREATIONS'S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO DIGICOLORCREATIONS FOR THE SERVICES IN DISPUTE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS OF SERVICES AND, IN SUCH JURISDICTIONS, DIGICOLORCREATIONS'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. WE STRONGLY SUGGEST THAT YOU DO NOT PROVIDE DIGICOLORCREATIONS ORIGINAL IMAGES WITHOU RETAINING A COPY FOR YOUR RECORDS. IF YOUR IMAGES ARE DAMAGED, LOST OR OTHERWISE NOT RETURNED, DIGICOLORCREATIONS'S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.

Copyright

We respect the intellectual property rights of others and ask you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information at info@DigiColorCreations.com:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;
  • your address, telephone number, and email address; and
  • electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

General

We reserve the sole and exclusive right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. All prices and features of the Site, Services and Products are subject to change without notice. We reserve the right to terminate your user account or your use of the Site and Services, and discard Your Content at any time without notice.

Any communication we receive from you will be considered NOT to be confidential. By sending DigiColorCreations any information (other than information we may agree to keep confidential under our privacy policy), you grant us an irrevocable universal license to use, distribute and otherwise exploit that information and agree that we are free to use any ideas, know-how, techniques or concepts that you send to us.

By accepting these Terms, you agree to be bound by non-circumvention and non-disclosure agreements with DigiColorCreations and you agree that you will not circumvent, avoid, bypass or obviate DigiColorCreations either directly or indirectly to avoid payment of commissions or fees in any order or transaction pending with DigiColorCreations or its partners or manufacturers, or in the future, for as long as your user account remains active, or, for a period of two (2) years from the date of termination of your user account. At no time shall you disclose or otherwise reveal to any third party any confidential information, code or reference and, or any such information we provide to you and identify as confidential or privileged without the formal written permission from us.

All disputes arising out of or otherwise relating to these Terms, the Site, Services and Products shall be resolved under Texas law, irrespective of its choice of law rules. You hereby irrevocably consent to the exclusive personal jurisdiction and venue by the state and federal courts in Tarrant County, Texas.

These Terms constitute the entire agreement between you and us governing your use of the Site and the Service and Products. If there is any conflict or inconsistency between these Terms and any other terms or conditions available elsewhere regarding the Site, Services or Products, these Terms will prevail and be given precedence.

DigiColorCreations provides Services and Product that include creation of cases for mobile devices, but DigiColorCreations does not sell the mobile devices themselves.

The waiver of any right under these Terms shall not operate as past, present or future waiver of that right or of any other right.

If any provisions of these Terms should be held by a court of competent jurisdiction to be contrary to law, or to be invalid or unenforceable, the other provisions shall remain in full force and effect.