Term and condition
The Danglzs Website allows you to upload your images and have them printed on our charms and substrates by our licensed operators using our proprietary technology.
If you do not agree to this Agreement, immediately discontinue use of the Website.
The parties to these Terms are you and the Company. All references to “we,” “us,” or “our” will be construed to mean the Company. Your access and use of the Website constitutes your agreement to be legally bound by this Agreement and establishes a contractual relationship between you and the Company.
Your Images and Copyrights
You may upload your own photographs and images you have created for printing onto Danglzs charms and substrates. If you took the photograph yourself or created the image using a software tool, you are typically the owner of the copyright and you have no worries.
HOWEVER, IF YOU HAVE COPIED THESE IMAGES OR ANY PART OF THESE IMAGES FROM ONLINE OR ELSEWHERE, THE USE OF THESE IMAGES IS COPYRIGHT INFRINGEMENT AND SUCH USE MAY SUBJECT YOU A LAWSUIT BY THE OWNER OF THE IMAGES.
Use and Restrictions
You are expressly prohibited from the following:
- Uploading any images you do not own or have a valid license to use;
- Uploading anything that promotes racism, bigotry, hatred, or physical harm against any group or individual;
- Uploading anything that is sexually explicit or pornographic in nature;
- Taking any action that will cause an unreasonable burden on the Company’s infrastructure;
- Attempting to access or navigate the content through any manner other than the Website;
- Reverse engineering, disassembling, modifying, adapting, or otherwise attempting to derive the source code, algorithms, or other trade secrets of the Company;
- Attempting to exploit any possible vulnerability in the Website or overloading, “flooding,” “spamming,” “crashing,” or otherwise attempting to interfere with the Company’s service to others;
- Attempting to inject a virus, worm, or other malware into the Website;
- Removing, circumventing, disabling, damaging, or otherwise interfering with security-related features of the Website, features that prevent or restrict use of copying of any content accessible through the Website, or features that enforce limitations on the use of the Website;
- Mining the content or performing any other data gathering or extraction.
This list of prohibitions is not exhaustive. At any time, with or without notice and with or without cause, for any reason or no reason, if the Company determines, in its sole discretion, that any of your actions are inappropriate or disruptive, the Company reserves the right to terminate access to your account.
The Company will investigate actions that may involve violations of system or network security and may involve and cooperate with law enforcement agencies in the prosecution of users who are involved in such violations. These violations may result in civil and/or criminal liability.
You are responsible for keeping your password secret and secure and you shall be solely responsible for the use of your account.
All rights not expressly granted by this Agreement are reserved by the Company and our licensors.
- a.In consideration for your use of the Website, you agree (a) to provide accurate, current, and complete information when you create an account and (b) to maintain the security of your password and identification.
- b.You are entirely responsible for all content you upload through your use of the Website. You agree to use the Website in a manner that is lawful. Any use of the Website that the Company, in its sole discretion, deems inappropriate or offensive may result in a suspension and/or termination of a user with or without notice.
- c.By using the Website, you understand and agree the Company may rely on the above Requirements, representations, and warranties as true and to continue to abide by these and any revisions to these Requirements in the future.
- d.You authorize the Company to verify your representations and warranties and you acknowledge and agree that the Company has the right, but not the obligation, to verify such information. You further agree that the Company may take any such action as it, in its sole discretion, deem appropriate, including but not limited to, suspending and/or terminating your account.
Third-party software components
The Website may contain third-party software components that requires notices and/or additional terms and conditions. Such required third-party notices and/or additional terms and conditions may be requested from the Company and are made part of and incorporated by reference into this Agreement. By using the Website, you are also accepting the additional terms and conditions, if any, required by these third-party component notices and terms and conditions.
If the Company, in its sole discretion, believes you have breached this Agreement, the Company may terminate or suspend your subscription at any time without notice. Under no circumstances will the Company refund any fees you have already paid.
The material provided in the Website is protected by law including, but not limited to, United States copyright law and international treaties. The Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Website. The Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content. The intellectual property of the Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in this Agreement are reserved by the Company.
You shall not copy or adapt any computer code that the Company creates for the generation or display of the Website; this code is protected under copyright law.
You shall not reproduce, display, publicly perform, distribute, or otherwise use the content generated by the Website for any public or commercial purpose in any manner likely to cause confusion among consumers as to its source, that dilutes the strength of the Company’s property, or that otherwise infringes the Company’s intellectual property rights.
Availability of the Services Provided by the Website
Although it is the Company’s intention for the services provided by the Website (the “Services”) to be available as much as possible, there will be occasions when the Services may be interrupted, including, but not limited to, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. The Company will not be liable to you for any modification, suspension, discontinuation of Services, or lack of access to your data. In addition, the Company assumes no liability for, or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the Website.
Warranties and disclaimers
The Website is provided “as-is,” and the Company does not make any representation or warranty with respect to the services provided by the Website. The Company disclaims any implied warranties, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, or fitness for a particular purpose. In addition, the Company does not represent or warrant that: (i) the Website will be secure, timely, uninterrupted, or error free; (ii) the Website will meet your requirements or expectations; (iii) the results that may be obtained through the use of the Website will be effective, accurate, or reliable; (iv) the quality of the Website or service provided by the Website will meet your expectations; (v) the Website will be error- or virus-free; or (vi) any errors in the Website will be corrected.
These disclaimers form an essential part of this Agreement. No use of the Website is authorized except under these disclaimers. If implied warranties may not be disclaimed in your jurisdiction, any such implied warranties are limited in duration to the period required by applicable law. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Limitation of liability
In no event will the Company be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages or any type or kind (including loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the Website, inaccuracy, error, or omission, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if the Company has previously been advised of the possibility of such damages. If your jurisdiction does not allow for the exclusion of limitation of liability or liability for consequential or incidental damages, the maximum liability arising out of or in connection with the Website will be limited to a maximum amount of $1,000.00.
You agree to indemnify and hold the Company harmless from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Website, violation of this Agreement or violations of any rights of any third party including, but not limited to, other users, or allegations thereof, including but, not limited to, your upload of images to which you do not have appropriate rights. You also agree to indemnify, defend, and hold the Company harmless from and against all claims or actions asserted for your negligent, grossly negligent, or intentional action or inaction relating to the Website. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you agree to cooperate in asserting any available defenses.
Governing law and jurisdiction
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach of these Agreement will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Orlando, Florida, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.
The courts of in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
This Agreement will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law.
Designed for Use Only Where Legally Allowed
This Website is designed for use only where its use is legal. Access to this Website from locations where its contents are illegal is not authorized.
The Company will not be liable for damages or any delay or failure of the Website arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
User submissions to the Company
The Company welcomes your feedback with regard to the Website. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you disregard this stated policy and submit those Submissions anyway, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and the Company shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.