Terms of Service
If you have questions about our terms of service, please email [email protected] along with your order information.
Please read the entirety of the terms and conditions mindfully, do not assume anything. By utilizing Birthdaybanners.com via the internet (this website and/or e-mail), telephone (speaking to someone or via messages), or in person, or otherwise, you are agreeing to be bound by the following. Birthdaybanners.com reserves the right to make add, delete, or otherwise modify the terms & conditions at any time and in its sole discretion. If you are not willing to abide by any of the statements in the terms and conditions please do not use any aspect of the information or services provided by Banners.com.
Copyright Release
By using any service of Birthdaybanners.com, the customer agrees and acknowledges that the customer is the legal owner and/or licensee of ALL submitted artwork to Birthdaybanners.com. The customer also relinquishes Birthdaybanners.com of any legal liability related to copyright violation and/or infringement. The customer assumes sole responsibility and liability of ALL forms of submitted artwork to Birthdaybanners.com. The customer will retain ownership of the content uploaded or sent to Birthdaybanners.com.
Copyrights
The customer warrants that the subject matter to be printed is not copyrighted by a third party. The customer also agrees not to infringe on trademarks, patents, trade secrets, the right of privacy, the right of publicity, or other legal right of any third party and will comply with all applicable laws, rules, and regulations. The customer recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold Birthdaybanners.com harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
Customer Communications and Liability
Any and all pertinent information that is needed to fulfill a customer order, from the conception of the order being placed and up until the time it is shipped from our facility, must be in the customer's file under that specific order. All customers have the opportunity to provide pertinent information via the special instructions field in the order form, e-mail, postal mail, telephone, or in person.
Submissions
When you submit questions, comments, suggestions, ideas, or other material via e-mail or other communications, you grant Birthdaybanners.com permission to use such submissions for marketing and other promotional purposes. You agree that Birthdaybanners.com will have no obligation to keep any submissions confidential. You will not bring a claim against Birthdaybanners.com based on "moral rights" or the likes arising from Birthdaybanners.com's use of a submission. This section does not apply to your content that will appear as part of your product that you use in connection with any Birthdaybanners.com service.
Customer's Property
Birthdaybanners.com will only maintain extended coverage on property belonging to the customer while the property is in the possession of Birthdaybanners.com. Birthdaybanners.com's liability for this property will not exceed the amount recoverable from the insurance.
Disclaimer
Birthdaybanners.com PROVIDES SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. Birthdaybanners.com DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICE, OR ITS USE WILL BE UNINTERRUPTED, WILL BE FREE OF INACCURACIES OR ERRORS, WILL MEET YOUR REQUIREMENTS, OR WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Birthdaybanners.com MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
Birthdaybanners.com will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data, or loss of goodwill) arising out of, relating to, or connected with the use of the Birthdaybanners.com service, based on any cause of action, even if advised of the possibility of such damages.
Limitation of liability: except for a break of a party's representations and warranties under these terms & conditions or in connection with your indemnity obligations under these terms & conditions, in no event will the liability of Birthdaybanners.com exceed the value of products received or services rendered. The value of products or services are limited to the stated value on the Birthdaybanners.com website or as stated by an authorized Birthdaybanners.com agent.
Governing Law; Jurisdiction and Venue
The rights and obligations of the parties shall be governed by, and entering into a business transaction with Birthdaybanners.com shall be construed and enforced in accordance with, the laws of the State of Minnesota, excluding its conflict of laws rules to the extent such rules would apply the law of another jurisdiction. The parties hereto consent to the jurisdiction of all federal and state courts in Minnesota and agree that the venue shall lie exclusively in Minnesota. Any action or proceeding arising out of or related to this Agreement shall be brought and enforced only in the state and federal courts located in Minnesota, and the parties consent to the personal jurisdiction of such courts and waive any argument that venue in any such forum is not convenient.
Indemnification
The customer agrees to protect Birthdaybanners.com from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold Birthdaybanners.com harmless and safe, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
Liability
Disclaimer of Express Warranties: Birthdaybanners.com warrants that the work is as described in the purchase order. The customer understands that the work shown in a proof when approved is what will be printed and acknowledges the difference in appearance on-screen when color is represented. Birthdaybanners.com will not be held liable under any circumstance for problems resulting from files provided by the customer (this includes color shifting and issues arising from improper file preparations; SEE FAQ FOR CUSTOMER SUPPLIED FILE GUIDELINES).
If the customer finds a production error or manufacturing defect in the item(s) he/she received from Birthdaybanners.com, Birthdaybanners.com will replace the item(s) at no charge. Original shipping charges are not refundable. ALL CLAIMS MUST BE INITIATED WITHIN 48 HOURS AFTER DELIVERY OF PRODUCT.
Limitation of Liability
In no event will Birthdaybanners.com or its suppliers be liable for any indirect, special, consequential, or incidental damages, including, without limitation lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website or any Birthdaybanners.com product, damages resulting from the use or reliance on the information provided in this website, even if Birthdaybanners.com or its suppliers have been advised on the possibility of such damages.
These terms & conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Minnesota without reference to conflict of law principles. These terms & conditions will not be assignable or transferable by you without the prior written consent of Birthdaybanners.com. These terms & conditions (including all of the policies and other agreements described in the terms & conditions), which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power, or privilege under these terms & conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other further exercise thereof or the exercise of any other such right, power, or privilege. You and Birthdaybanners.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms & conditions. The invalidity or unenforceability of any provision of these terms & conditions will not affect the validity or enforceability of any other provision of these terms & conditions, all of which will remain in full force and effect.
The information on this website is protected by copyright: © 2016 Birthdaybanners.com. All Rights Reserved. Except as specifically permitted herein, no portion of the information on this website may be reproduced in any form or by any means without the prior written permission from Birthdaybanners.com. Owner and Operator of Birthdaybanners.com website is Lakes Area Graphix and Signworx, Kensington, Minnesota.