Terms
of Use
Please Read
Carefully Before Using This Website:
Out
Of My Mind and iTumble maintains this site as an automated web
service to provide anyone to print their own unique fabric or
textiles and an online store for purchasing textiles and other items.
This webpage contains the Terms of Use governing your access to and
use of the www.outofmymindprints.com
and www.iTumble.com website. If
you do not accept these Terms of Use or you do not meet or comply
with their provisions, you may not use the Website.
A. TERMS
APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS
WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO
THESE TERMS OF USE.
For users who
are not registered with this Website, your use of the Website will be
deemed to be acceptance of the Terms of Use, Section A.
For users who
are registered with the Website, your use of the Website shall be
subject to (i) certain designated terms (see Section B below) in
addition to those terms applicable to all users and (ii) shall be
further conditioned on your [clicking the "I AGREE TO THE TERMS
OF USE" button at the end of these Terms of Use].
IF THESE TERMS
OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY
TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To
Terms
Out Of My
Mind or iTumble may, at any time, for any reason and without
notice, make changes to (i) this Website, including its look, feel,
format, and content, as well as (ii) the products and/or services as
described in this Website. Any modifications will take effect when
posted to the Website. Therefore, each time you access the Website,
you need to review the Terms of Use upon which access and use of this
Website is conditioned. By your continuing use of the Website after
changes are posted, you will be deemed to have accepted such changes.
3.
Jurisdiction
The Website is
directed to those individuals and entities located in the United
States. It is not directed to any person or entity in any
jurisdiction where (by reason of nationality, residence, citizenship
or otherwise) the publication or availability of the Website and its
content, including its products and services, are unavailable or
otherwise contrary to local laws or regulations. If this applies to
you, you are not authorized to access or use any of the information
on this Website. Out Of My Mind or iTumble makes no
representation that the information, opinions, advice or other
content on the Website (collectively, "Content") is
appropriate or that its products and services are available outside
of the United States. Those who choose to access this Website from
other locations do so at their own risk and are responsible for
compliance with applicable local laws.
4. Scope of
Use and User E-Mail
You are only
authorized to view, use, copy for your records and download small
portions of the Content (including without limitation text, graphics,
software, audio and video files and photos) of this Website for your
informational, non-commercial use, provided that you leave all the
copyright notices, including copyright management information, or
other proprietary notices intact.
You may not
store, modify, reproduce, transmit, reverse engineer or distribute a
significant portion of the Content on this Website, or the design or
layout of the Website or individual sections of it, in any form or
media. The systematic retrieval of data from the Website is also
prohibited.
E-mail
submissions over the Internet may not be secure and are subject to
the risk of interception by third parties. Please consider this fact
before e-mailing any information. Also, please consult our Privacy
Policy. Link for Privacy Policy goes here You
agree not to submit or transmit any e-mails or materials through the
Website that: (i) are defamatory, threatening, obscene or harassing,
(ii) contain a virus, worm, Trojan horse or any other harmful
component, (iii) incorporate copyrighted or other proprietary
material of any third party without that party's permission or (iv)
otherwise violate any applicable laws. Out Of My Mind and iTumble
shall not be subject to any obligations of confidentiality
regarding any information or materials that you submit online except
as specified in these Terms of Use, or as set forth in any additional
terms and conditions relating to specific products or services, or as
otherwise specifically agreed or required by law.
The commercial
use, reproduction, transmission or distribution of any information,
software or other material available through the Website without the
prior written consent of Out Of My Mind and iTumble is
strictly prohibited.
5. Copyrights
and Trademarks
The materials at
this Site, as well as the organization and layout of this site, are
copyrighted and are protected by United States and international
copyright laws and treaty provisions. You may access, download and
print materials on this Website solely for your personal and
non-commercial use; however, any print out of this Site, or portions
of the Site, must include Out of My Mind’s or iTumble’s
copyright notice. No right, title or interest in any of the materials
contained on this Site is transferred to you as a result of
accessing, downloading or printing such materials. You may not copy,
modify, distribute, transmit, display, reproduce, publish, license
any part of this Site; create derivative works from, link to or frame
in another website, use on any other website, transfer or sell any
information obtained from this Site without the prior written
permission of Out Of My Mind or iTumble.
Except as
expressly provided under the "Scope of Use" Section above,
you may not use, reproduce, modify, transmit, distribute, or publicly
display or operate this Website without the prior written permission
of Out Of My Mind or iTumble. You may not use a part of this Website
on any other Website, without Out Of My Mind’s or iTumble’s
prior written consent.
Out
Of My Mind and iTumble respects
the intellectual property rights of others and expects our Users/
users to do the same. The policy of Out
Of My Mind and iTumble is
to terminate the accounts of repeat copyright offenders and other
users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact us at
support@outofmymindprints.com.
6. Links
For your
convenience, we may provide links to various other Websites that may
be of interest to you and for your convenience only. However, Out
Of My Mind and iTumble does not control or endorse such Websites
and is not responsible for their content nor is it responsible for
the accuracy or reliability of any information, data, opinions,
advice, or statements contained within such Websites. Please read the
terms and conditions or terms of use policies of any other company or
website you may link to from our website. These Terms of Use policy
applies only to Out Of My Mind’s and iTumble’s website and
the products and services Out Of My Mind and iTumble offers.
If you decide to access any of the third party sites linked to this
Website, you do so at your own risk. Out Of My Mind and iTumble
reserves the right to terminate any link or linking program at
any time. Out Of My Mind and iTumble disclaims all warranties,
express and implied, as to the accuracy, validity, and legality or
otherwise of any materials or information contained on such sites.
You may not link
to this Website without Out of My Mind’s or iTumble’s
written permission. If you are interested in linking to this Website,
please contact deb@outofmymindprints.com
7. No Unlawful
Or Prohibited Use
As a condition of
your use of the Website, you warrant to Out Of My Mind and iTumble
that you will not use the Website for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You
may not use the Website in any manner that could damage, disable,
overburden, or impair the Site or interfere with any other party's
use and enjoyment of the Website. You may not obtain or attempt to
obtain any materials or information through any means not
intentionally made available or provided for through the Site.
8. Spamming
Gathering email
addresses from Out Of My Mind and/or iTumble through
harvesting or automated means is prohibited. Posting or transmitting
unauthorized or unsolicited advertising, promotional materials, or
any other forms of solicitation to other Users is prohibited.
Inquiries regarding a commercial relationship with Out Of My Mind
or iTumble should be directed to: deb@outofmymindprints.com
9. No
Warranties
THE
WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS,"
"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER
EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND
NON-INFRINGEMENT, ALL OF WHICH Out Of My Mind and iTumble
EXPRESSLY DISCLAIMS. Out Of My Mind and iTumble DOES NOT
ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS,
CURRENCY, OR RELIABILITY OF THE CONTENT, AND Out Of My Mind or
iTumble WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY
FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO
DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Out Of My Mind or
iTumble MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE
CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR
ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING
THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT
ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF
VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY
BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES
OFFERED BY Out Of My Mind and iTumble. SOME STATES DO NOT
ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM JURISDICTION TO JURISDICTION.