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DCDECALS.net©
Universal Terms of Service for DCDECALS.net Vinyl Die-Cut Imaging

This Agreement ("Agreement") is by and between DCDECALS.net and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of DCDECALS.net services (“Services”) and explains DCDECALS.net’s obligations to You and Your obligations to DCDECALS.net in relation to the Services You purchase.

This Agreement as well as any additional DCDECALS.net policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and DCDECALS.net concerning Your use of DCDECALS.net’s Services, and supersede and govern all prior proposals, agreements, or other communications. All DCDECALS.net policies and agreements specific to particular Service are incorporated herein and made part of this Agreement by reference, including the dispute policy. By purchasing DCDECALS.net's Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which DCDECALS.net may establish from time to time, and any agreements that DCDECALS.net is currently bound by or will be bound by in the future.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with DCDECALS.net, whether or not the transactions were in Your behalf.

The General Terms in Section A apply to all customers of DCDECALS.net. Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services.

A. GENERAL TERMS APPLICABLE TO ALL SERVICES

1. TERM OF AGREEMENT; MODIFICATIONS.

You agree that DCDECALS.net may modify this Agreement and the Services from time to time. You agree to be bound by any changes DCDECALS.net may reasonably make to this Agreement when such changes are made. If You have purchased Services from DCDECALS.net , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. In the event You terminate Your usage, DCDECALS.net will not refund any amounts You have paid. You agree that DCDECALS.net shall not be bound by any representations made by third parties who You may use to purchase Services from DCDECALS.net and that any statement of a general nature, which may be posted on DCDECALS.net’s Web site or contained in DCDECALS.net’s promotional materials, will not bind DCDECALS.net. DCDECALS.net may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying DCDECALS.net should You desire to terminate Your use of DCDECALS.net 's Services. Notification of Your intent to terminate must be provided to DCDECALS.net no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.

2. ACCURATE INFORMATION.

You agree to maintain accurate information by providing updates to DCDECALS.net , as needed, while You are using DCDECALS.net’s Services. You agree You will notify DCDECALS.net within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by DCDECALS.net to determine the validity of information provided by You will constitute a material breach of this Agreement.

You agree that DCDECALS.net may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to DCDECAL.net’s Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if DCDECALS.net has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, DCDECALS.net has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. PRIVACY.

The Privacy Policy provides Your rights and DCDECALS.net’s responsibilities with regard to Your personal information. DCDECALS.net will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. ACCOUNT SECURITY.

You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify DCDECALS.net immediately of any unauthorized use of Your account or any other breach of security. You agree DCDECALS.net will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by DCDECALS.net or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. DCDECALS.net specifically disclaims liability for any activity in Your account, whether authorized by You or not.

5. NO UNLAWFUL CONDUCT OR IMPROPER USE.

As a condition of Your use of DCDECALS.net ’s and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to DCDECALS.net if, for any reason, DCDECALS.net takes corrective action with respect to Your improper or illegal use of its Services.

DCDECALS.net reserves the right at all times to disclose any information as DCDECALS.net deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DCDECALS.net's sole discretion.

If You have purchased Services, DCDECALS.net has no obligation to monitor Your use of the Services. DCDECALS.net reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. DCDECALS.net reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

DCDECALS.net reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against DCDECALS.net or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. DCDECALS.net may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Except as set forth below, DCDECALS.net may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by DCDECALS.net in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event DCDECALS.net cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to DCDECALS.net in connection with the Services being canceled. In the event DCDECALS.net deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to DCDECALS.net if, for any reason, DCDECALS.net takes corrective action with respect to Your improper or illegal use of its Services.

6. NO SPAM; LIQUIDATED DAMAGES.

You agree DCDECALS.net may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay DCDECALS.net liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay DCDECALS.net 's actual damages.

7. INTELLECTUAL PROPERTY.

You agree that DCDECALS.net or its licensor holds all rights, title and interest in all and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or;

You understand and agree that all content and materials contained in this Agreement, other policies, the DCDECALS.net Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that DCDECALS.net or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of DCDECALS.net or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

8. USE OF DCDECALS.net.

If You have licensed materials from DCDECALS.net, DCDECALS.net grants You a limited, non-exclusive, nontransferable and non-assignable license to use the for such purposes as are ordinary and customary. You agree to not alter or modify the images. You agree You are not authorized to combine the images with any other program, create derivative works based upon the image, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the . You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

DCDECALS.net reserves all rights to the material within its website. The images, reports, links and any copies You are authorized to make are the intellectual property of DCDECALS.net. The source code and its organization are the exclusive property of DCDECALS.net and is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the use of DCDECALS.net and all rights are reserved by DCDECALS.net.

DCDECALS.net provides this “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

9. FEES AND PAYMENT.

As consideration for Services purchased by You and provided to You by DCDECALS.net, You agree to pay DCDECALS.net at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. DCDECALS.net expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing a valid credit card, an online check, or a personal check.

If for any reason DCDECALS.net is unable to charge Your Payment Method for the full amount owed DCDECALS.net for the Services provided, or if DCDECALS.net is charged a penalty for any fee it previously charged to Your Payment Method, You agree that DCDECALS.net may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason DCDECALS.net is unable to charge Your credit card with the full amount of the Services provided, or if DCDECALS.net is charged back for any fee it previously charged to the credit card You provided, You agree that DCDECALS.net may pursue all available remedies in order to obtain payment. You agree that among the remedies DCDECALS.net may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. DCDECALS.net reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You.

You agree that You are solely liable for arranging that Your Services are renewed, and that DCDECALS.net shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.

A. Payment By Check

By using DCDECALS.net’s pay by check option (“Pay By Check”), You can purchase DCDECALS.net services by using a personal check. The checking account must be at a financial institution in the United States, and the check must be payable in U.S. dollars.

It is Your responsibility to keep Your checking account current, and to have available funds in it. You agree that DCDECALS.net will not be responsible for payments that fail to go through as a result of Your checking account no longer existing, or holding insufficient funds. If for any reason DCDECALS.net is unable to withdraw the full amount owed for the Services provided, You agree that DCDECALS.net may pursue all available remedies in order to obtain payment. You agree that if the bank draft is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account using a bank draft.

The check may not be for less than the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks may be delayed up to fourteen (14) days until the money is credited, which may delay Your usage of the Services.

B. Pay by PayPal

By using DCDECALS.net ’s pay by PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can purchase DCDECALS.net services using PayPal. In consideration for the Services purchased by You and provided to You by DCDECALS.net, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.

It is Your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and DCDECALS.net will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and DCDECALS.net may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.

By clicking the box labeled “I agree” to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.

10. REPRESENTATIONS AND WARRANTIES.

You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

DCDECALS.net expressly reserves the right to deny, cancel or transfer any image that it deems necessary, in its discretion, to protect the integrity and stability of its use, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of DCDECALS.net, as well as its affiliates, subsidiaries, officers, directors and employees. DCDECALS.net also reserves the right to freeze service during resolution of a dispute.

11. LIMITATION OF LIABILITY.

IN NO EVENT SHALL DCDECALS.net BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF DCDECALS.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, DCDECALS.net’s liability is limited to the full extent permitted by law. You agree that in no event shall DCDECALS.net’s maximum aggregate liability exceed the total amount paid by You for the particular Service in dispute purchased from DCDECALS.net.