WEBSITE GENERAL TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ALL USERS OF THIS WEBSITE AGREE THAT ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS AND CONDITIONS AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
HD Custom Boxes (sometimes called the “Company”, “us”, “we” or “our”) provides the HD Custom Box website (the “Website” or “Site”) for its customers and other permitted users. We’ve worked hard to give you the essential information here and elsewhere on our Website to get you comfortable with our Website and to make it useful to you. These Website General Terms and Conditions of Use (the “Terms and Conditions”) help enable us to provide you with the products and services, information, other content and features available through our Website, and along with other terms and conditions and policies (collectively, the “Other Terms and Policies”) provided for on this Website which shall govern your use and activity on this Website.
1. SCOPE OF ACCESS TO WEBSITE AND RELATED RIGHTS
Subject to these Terms and Conditions and the Other Terms and Policies, the Company grants you a limited, revocable right to access and use the Website solely for your own use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this Website. Further, you may not reproduce all or any portion of the Website. This Website and its contents are the intellectual property of and are owned by the Company. The Company reserves the right to suspend or terminate use of this Website or its services by you or other users in its sole discretion.
2. USER ACCOUNT
If this Website is enabled now or in the future to allow you to order from this Website or for other functionality requiring a user account, you may be required to establish a user account, which will be accessible upon input of an authorized e-mail address, a designated password, and other required information that is requested from you at either log in or initial user account registration. For any user accounts, you are responsible for maintaining the security of any user passwords and other account details issued to you for use with the Website, and you are also responsible for the integrity and security of the operating environment from which you access the Website.
3. PRODUCT SALE, AVAILABILITY AND WARRANTIES
All products displayed on the Website will only be delivered within the contiguous United States (lower 48 states). All prices for products or offers that are displayed on the Website are quoted in U.S. Dollars. We reserve the right without prior notice to discontinue or change specifications on products and services offered on this Website without incurring any obligations. Please refer to our Refunds and Returns Policy for additional information that applies to purchases made through our Website. Availability of products and prices are subject to change without notice. Warranties, if any, for products and services are provided by the applicable manufacturer or performer of such products or services and you should consult such warranties for any related questions about warranty scope. We provide no warranties for products and services not manufactured by or performed by us.
4. PRODUCT ERRORS OR OTHER INFORMATION ERRORS
Although the Company strives at all times to maintain the accuracy of information maintained on this Website, including pricing information and product details, occasionally pricing or other information errors may occur on this Website. In the event that a product that is available through this Website is mistakenly listed at an incorrect price or with other incorrect information, the Company reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price or based on incorrect product information.
5. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS; USE OF GPS TECHNOLOGY
Certain features of the Website may require you to allow e-mails, text messages or other electronics communications to be received by you, and to use these features you must provide a valid e-mail address, mobile phone number or other contact information for another communications device. By registering such information you authorize us to send you electronic communications in accordance with the settings specified with your account. In addition, certain features of the Website may utilize GPS or other location-based technology to confirm a registered user’s location for those features that are dependent on location verification, and you authorize the use with the Service of such GPS or other location-based technology. You should be aware that your carrier may charge you applicable text messaging rates for each message sent or received. You represent to us that you are the owner or authorized user of the wireless or other communications device used to receive or send any text messages or other electronic communications related to your use of the Website.
6. PUBLIC FORUMS AND INAPPROPRIATE USER CONDUCT ON SITE
We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums on this Website where you and other users of our Website can communicate. Harassment in any manner or form on the Website, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an HD Custom Box employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
7. RESPONSIBILITIES AND DISCLAIMERS CONCERNING USER POSTED CONTENT
We do not assume any responsibility for materials posted to or created by users accessing the Website, and we are not in any manner responsible for the content of such user communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any user-posted contents or activities on the Website. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to the Company, in its sole discretion.
You are solely responsible for any content posted by you on this Website and the consequences of such posting or publishing of them. In connection with each of your content submissions, you represent and warrant that: (i) you own or have the necessary licenses, rights and consents to use such submissions to enable inclusion and use of such submissions in the manner contemplated by this Website and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual in such submissions to use the name or likeness of each and every such identifiable individual to enable inclusion and use of such submissions in the manner contemplated by this Website and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage us or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (d) post advertisements or solicitations of business. We reserve the right to remove, edit or not publish any content submitted by any users of this Website without prior notice.
It is our policy (i) to block access to or remove postings or other content that it believes in good faith infringes the copyrights of third parties, and (ii) to remove and discontinue service to repeat infringers. If you believe that content posted on this website infringes your copyright, please send a notice of claimed copyright infringement, please contact us as set forth in Section 17 below to provide us further details so that we address such matter.
8. TERMINATION OF WEBSITE USE
The Company may terminate your access to this Website at any time. In addition, your access rights to use this Website may also be terminated if you fail to comply with these Terms and Conditions. You agree that the Company will not be liable to you or any third party for any termination of your use of this Website, whether as a result of your failure to comply with these Terms and Conditions or otherwise. If your use of our Website is terminated for any reason, the provisions of Sections 8, 9, 10, 13, 14, 16, 17, 19 and 20 shall survive any such termination.
9. WEBSITE WARRANTY DISCLAIMERS
THIS WEBSITE AND ITS CONTENTS IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXCEPT WHERE SPECIFICALLY AND AFFIRMATIVELY NOTED OTHERWISE ON THIS WEBSITE), WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS WEBSITE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION, WARRANTIES, IF ANY, FOR PRODUCTS AND SERVICES ARE PROVIDED BY THE APPLICABLE MANUFACTURER OR PERFORMER OF SUCH PRODUCTS OR SERVICES AND YOU SHOULD CONSULT SUCH WARRANTIES FOR ANY RELATED QUESTIONS ABOUT WARRANTY SCOPE. WE PROVIDE NO WARRANTIES FOR PRODUCTS AND SERVICES NOT MANUFACTURED BY OR PERFORMED BY US. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATIONS OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS WEBSITE OR ANY PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE, THE PERFORMANCE OR USE OF THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. CHILDREN’S PRIVACY AND SITE AGE LIMITATIONS
This Website is intended for use by persons aged 18 or older, and by your use of this Website you affirm that you are at least 18 years of age. The Company will not knowingly allow registration of an account for any person that the Company believes to be younger than 18. We also do not collect any personally identifiable information from any persons under the age of 18 and if we discover that we have been provided any such information, we will delete this information from our records.
The entire contents included in this Website, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of the Company (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from this Website.
All trademarks, service marks and trade names and logos of the Company used in this Website are trademarks or registered trademarks of the Company. Other marks used on this Website that have been posted by the Company are the property of their respective owners and are used on this Website under permission.
15. APPLICABILITY OF TERMS AND CHANGES
These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or ordering process. These Terms and Conditions, or any part of them, may be modified by the Company without notice at any time, for any reason; provided that if we decide to modify these Terms and Conditions, we will note at the top of these Terms and Conditions the date of the last update, which should alert you to changes in these Terms and Conditions since your prior visit to this Website.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms and Conditions, (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the site.
17. THIRD PARTY SITES AND LINKS
In an attempt to provide increased value to our customers and other site visitors, our Website may link to, or contain links for, third party websites or promotions offered by third parties, none of which we control or maintain. These may include websites linked to products or promotions referenced on our Website or in advertisements on the Website. We are not responsible for the terms and conditions or privacy practices employed by any third party websites accessible from our Website, and therefore you access them at your own risk. We encourage you to read the privacy statements of all third party websites before submitting any personally identifiable information while using such other websites. Nonetheless, the Company seeks to protect the integrity of its Website and the links placed upon it and therefore we welcome any feedback on not only this Website, but also for sites that this Website links to (including if a specific link does not work).
The Company may at its option deliver notices to you concerning your activities on this Website by means of email, a general notice on the site, or by other reliable method to the address you have provided to the Company.
19. GOVERNING LAW AND DISPUTE RESOLUTION
Other than a controversy or claim relating to the validity of our intellectual property rights (as to which we may pursue any legal , All users that engage in activity directly or indirectly, on this Website agree that any dispute that arises between them and other users of the Website or executives and/or employees of HD Custom Boxes or any Related Entity as to rights or liabilities involving this Website shall be settled by confidential binding arbitration in Atlanta, Georgia in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Each party shall bear its own attorney’s fees, expert witness fees, and costs in connection with such arbitration.
You and we submit to the jurisdiction of the courts in the State of Georgia with respect to matters arising under these Terms and Conditions, including, without limitation, to compel arbitration in accordance with these Terms and Conditions or to confirm any related arbitration award. You and we agree (i) to accept service of process in accordance with the rules designated by the applicable arbitrator, and (ii) to abide by any decision in any such arbitration and of any court having jurisdiction to enforce such decision.
20. LOGO PRINTING
The Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason. We reserve the right to use your uploaded art files and provided images from reviews for marketing purposes.
All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. HD Custom Boxes is NOT RESPONSIBLE for images printed as fuzzy, distorted or pixilated due to low resolution artwork provided by the customer, especially if it is approved by the customer already. HD Custom Boxes is also not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.
Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to HD Custom Boxes. HD Custom Boxes is not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to HD Custom Box, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork. HD Custom Boxes is also not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. For submitted artwork, please use CMYK color codes for best printing results.
Full color jobs that contain large solid areas of black ink should have the black set up as CMYK black (100, 100, 100, 100). HD Custom Boxes will not be liable for printing a consistent, solid and rich black if artwork is not set up to this specification (rich black should not be used for text because it may cause registration problems).
All information, data, text, photographs, graphics, messages or other materials are the sole responsibility of the person from which the content originated. By uploading your text and artwork you, the customer, agree to be held entirely responsible for all the content that you send, upload, transmit, or post to HD Custom Boxes. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. (edited)
You agree not to use our Website to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of HD Custom Boxes or any third party.
HD Custom Boxes does not control the content provided by customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will HD Custom Boxes be liable to you in any way for any content you may be exposed to that you may find offensive, indecent or objectionable.
You acknowledge that HD Custom Boxes does not pre-screen content, but that we have the right (but not the obligation) in our sole discretion to remove any content that violates the terms of service or may otherwise be objectionable.
You further acknowledge and agree that HD Custom Boxes may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HD Custom Boxes, its users and the public.
The Company's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. The Company may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.