TERMS AND CONDITIONS OF USE FOR COMGRAPHX.COM
These Terms and Conditions of Use (the “Terms and Conditions”) for COMGRAPHX.COM (the “Website”) are between a user of the Website (“User”) and Communication Graphics Inc. (“Comgraphx”).
Access to the Website or use of the Website content constitutes User’s agreement with these Terms and Conditions. User acknowledges that User has read these Terms and Conditions and that User accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. Comgraphx reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on the Website, and User’s continued use of the Website affirmatively indicates User’s acknowledgment of such changes and User’s agreement to be bound by the Terms and Conditions as modified.
Unless otherwise agreed in writing, User’s right to use the Website is not transferable and is subject to any restrictions established by Comgraphx.
Comgraphx may change, suspend, or discontinue any aspect of the Website at any time, at its sole discretion, without prior notice and without liability to User or any third party for such change, suspension, or discontinuance. Comgraphx may also impose limits on certain features and services or restrict User’s access to parts or all of the Website without notice or liability.
SHOULD USER OBJECT TO ANY OF THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE TERMS AND CONDITIONS, OR SHOULD USER BECOME DISSATISFIED WITH THE WEBSITE IN ANY WAY, USER’S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. SO LONG AS USER CONTINUES TO USE THE WEBSITE, COMGRAPHX WILL CONTINUE TO RELY ON USER’S FULL AND UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS.
USE OF SITE
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Comgraphx. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content without Comgraphx’s prior written consent.
User shall not have the right to sell, license, market, or lease the Website content to any party whatsoever without the prior written consent of Comgraphx. User shall not have the right to distribute the Website content in any manner to any third party or unauthorized user.
User hereby acknowledges that, as between Comgraphx and User or any party acting through User, all title to and ownership of the Website and its content remains vested in Comgraphx and nothing in these Terms and Conditions serves to transfer such ownership or title to User or any party acting through User. All copies and representations of content from the Website, including merged or modified portions, shall as between User and Comgraphx remain Comgraphx’s exclusive property, shall continue to be subject to these Terms and Conditions, and shall contain all Comgraphx copyright and other proprietary notices.
User agrees to use the Website only non-commercially, and only for User’s bona fide development or legitimate business purposes in accordance with these Terms and Conditions. User shall use all reasonable endeavors not to permit or allow the Website to be used by any party whatsoever for purposes not connected with User’s non-commercial, legitimate business purposes.
User agrees to report promptly to Comgraphx any observed violation of the above. User agrees that the Website shall not be used in any manner or for any purpose other than the permitted purposes as expressly described in these Terms and Conditions.
User shall notify the Comgraphx of any known or suspected unauthorized use(s) of the Website through User’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User’s means of access.
User may not share User’s means of access with others. User acknowledges that User is responsible for all usage or activity on User’s Website account, including such use of the account by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s account, at Comgraphx’s sole discretion, and User may be referred to appropriate law enforcement agencies. User agrees to indemnify, defend, and hold Comgraphx harmless against liability for any and all use of User’s account.
By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Comgraphx to produce the Products on your behalf. You agree that you are responsible for protecting your password and controlling access to your registered account. All materials we create in producing your printed product are the property of Comgraphx. Although these materials will not be sold or given to any other party, we reserve the right to distribute free samples of your product. You agree that this Site and its content are provided “as-is,” without warranty of any kind, either expressed or implied.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMGRAPHX OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMGRAPHX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM COMGRAPHX OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMGRAPHX BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMGRAPHX, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. COMGRAPHX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CORPORATE ID AND TRADEMARKS
“Comgraphx” and any and all other marks appearing on this Site are trademarks of Comgraphx in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way, without Comgraphx’s prior written consent.
INDEMNIFICATION AND GOVERNING LAW
You agree that you shall indemnify and defend Comgraphx and all parties from whom Comgraphx has licensed portions of Content, and their directors, officers, managers and employees, against any and all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses.
These Terms and Conditions shall be construed and enforced in accordance with Oklahoma law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Tulsa, Oklahoma. You agree to submit to the jurisdiction of Oklahoma courts and agree that venue in these courts is proper in any such legal action or proceeding.
Any rights not expressly granted to User in these Terms and Conditions are reserved to Comgraphx.
Any failure by Comgraphx to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.