User Agreement

LAST UPDATED: March 8, 2021
 

Terms of Use: an agreement between you and Marked by Imagination to enter and use this website and services

Marked by Imagination Website and Services
Welcome to www.thriftypix.com and the Marked by Imagination family of brands.  Please read these Terms of Use (“Terms”) carefully. They contain the general terms that govern your use of and access to any and all of our websites.  By visiting any of our Sites that link to these Terms, you are signifying your acceptance of these Terms.

It is your obligation to keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1 Marked by Imagination Services:

  • Create, design, customize products that are listed for sale.
  • Buy products that are listed for sale
  • Save and share designs that you may have created.
  • Use our image and design tools.
  • Save created images and designs into public and personal galleries.
  • Post your created images to social networks or bloggs that you have the legal right to do so
  • Registering to subscribe to special offers and use of galleries.


2 Using the Marked by Imagination Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.

2.1 ELIGIBILITY OF CHILDREN UNDER 18
Marked by Imagination will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.  Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.

2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:

  • Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighboring or proximate rights anywhere in the world that currently exist or are recognized in the future).
  • A person means any form of legal entity as well as any quasi-legal entity.
  • A User means any person using the website and/or services provided by Piki Print
  • A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
  • The word includes in any form is not a word of limitation.


2.3 Acceptable User-Created Content
Marked by Imagination prohibits placing logos, emblems, designs or text on products that negatively impact the Marked by Imagination brand or exclusive Marked by Imagination product line brands including, without limitation, logos, emblems, designs and text that are obscene, vulgar, advocate or display violence or illegal activity, relate to sex (gentlemen's clubs) and pornography industries, defamatory, anti-american, and/or anti-nuclear family. Also, Marked by Imagination is a socially and politically aware brand and reserves the right to prohibit logos, emblems, designs and text that, in it's sole and absolute discretion, run counter to, or are inconsistent with, its brand identity.

3 User's Obligations

3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:

  1. all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
  2. the use that it makes of the Website, including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
  3. complying with all laws, regulations and rules in the uses country or jurisdiction;
  4. complying with any recommendations or guidelines issued by Marked by Imagination with respect to the use of the Website and/or services and
  5. ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.


3.2 Restrictions on Users
Users shall not and have no right to either:

  1. reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
  2. use either the Website to supply any service to any person; or
  3. modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
  4. access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
    1. infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
    2. is libelous, defamatory or slanderous,
    3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
    4. contains explicit sexual content,
    5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
    6. is designed to or does harass, threaten, defame or abuse others,
    7. exploits images or the likeness of minors,
    8. encourages the use of drugs or the under-age use of alcohol or cigarettes, or
    9. is generally offensive or in bad taste;
  5. use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
  6. use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental effect on the Website and/or the PIKIWARE® Platform,
  7. take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
  8. use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
  9. collect electronic mail addresses or other information from our Website,
  10. impersonate another person or entity,
  11. engage in any activity that interferes with any person's ability to use or access the Website and/or services, or
  12. assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
  13. frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.


USER ACKNOWLEDGES AND AGREES THAT Marked by Imagination MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. Marked by Imagination Obligations

4.1 Access To and Use of the Website and Services
Subject to user complying with and discharging each of its obligations under these Terms of Use, Marked by Imagination shall allow user to access and use the Website and the services .

4.2 Privacy
Marked by Imagination may collect personal data concerning the user in the course of and incidental to user's use of the Website and services. Marked by Imagination shall comply with, and user hereby consents irrevocably and unconditionally to Marked by Imagination's collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).

4.3 Training
User acknowledges that Marked by Imagination has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

4.4 Modification of the Website
Marked by Imagination reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Marked by Imagination shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

5. Intellectual Property Rights

5.1 Reservation of Title
User acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorization set out in clause 4.1. Marked by Imagination grants user a limited revocable license to access and use the Website and the service for its intended purposes, subject to user's compliance with these Terms of Use. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Marked by Imagination; to compete with Piki Print; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this license or if it breaches these Terms of Use, Marked by Imagination may revoke the license and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that Marked by Imagination does not permit, authorize or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative Material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorization granted under clause 4.1, User hereby grants to Marked by Imagination an irrevocable, perpetual, non-exclusive, world-wide license to do all acts and things (including to authorize other persons to do all acts and things) comprised within the said Intellectual Property Rights.

5.4 Trademarks
Marked by Imagination™, the logo, and other trademarks, including exclusive product line brands, are trademarks of Marked by Imagination, Inc. and may not be used without permission.

Marked by Imagination exclusive product line brands and related marks and images include, but are not limited to:

  1. MGA Yardages™
  2. Pipsydoo™
  3. Prep Pride USA™
  4. Rustic Rebel™
  5. Simply Put Gifts™
  6. The Gift of Liberty™
  7. ThriftyPix™
  8. Tumbler Love™


The names of other companies, products and services are the property of their respective owners.
 

5.5 Copyright and Trademark Issues
While we are not obligated to review User Submitted Materials for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Sites to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Sites, or notices concerning trademark use in personalized products we make or in our Sites, should be sent to:

Marked by Imagination
Attn: Legal
14000 Sunfish Lake Blvd. NW
Suite M
Ramsey, MN  55303
Email: legal@markedbyimagination.com


6. Registration
User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Marked by Imagination of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Marked by Imagination cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. Warranties

7.1 Users Warranties
User represents and warrants to Marked by Imagination that, in its use of the Website and the Services provided, it:

  1. will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
  2. will comply with all applicable laws, rules, and regulations.
  3. User further represents and warrants to Marked by Imagination that:
  4. there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
  5. Marked by Imagination will not be required to make any payments or compensation to any person in connection with its use of such content; and
  6. such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.


7.2 Marked by Imaginations Warranties
Marked by Imagination represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

7.3 Caveats

  • Marked by Imagination provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by Marked by Imagination that the functionality or operation of the Website and/or the services will:
    1. be uninterrupted or free of errors and inaccuracies;
    2. meet users requirements; or
    3. operate in the configuration or with the hardware or software used by user.
  • User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
  • Marked by Imagination does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Marked by Imagination is not liable.
  • Marked by Imagination does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.


7.4 Exclusion of Implied Warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Marked by Imagination, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No Representation or Reliance
(a) User acknowledges that neither Marked by Imagination nor any person acting on Piki Prints behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of Marked by Imagination, except for representations or inducements expressly set out in these Terms of Use.

8. Exclusion and Limitation of Liability

8.1 Subject to Law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of Liability
Subject only to Clause 8.1, in no event shall Marked by Imagination be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

  1. any third party;
  2. actions of user that were not expressly authorized by Marked by Imagination;
  3. accident, misuse or abuse by anyone other than Marked by Imagination;
  4. alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Marked by Imagination;
  5. products (including any hardware or software) or services not licensed or supplied by Marked by Imagination;
  6. power surge or failure,
  7. events of force majeure or events outside Marked by Imaginations actual control; or
  8. any other condition not arising under normal operating conditions;


(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Marked by Imagination has been advised of the possibility of any particular loss or damage.

8.3 Links
Marked by Imagination may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Marked by Imagination is not responsible for the operation of or content located on any such website, and Marked by Imagination cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Marked by Imagination for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of Liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Marked by Imagination's sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

8.5 Indemnity
User shall indemnify and hereby releases unconditionally Marked by Imagination , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.

9. Termination

9.1 Termination
(a) At any time and with or without cause, Marked by Imagination may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by Marked by Imagination. In no event shall any such termination or suspension by Marked by Imagination relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.2 Effect of Termination
(a) On any expiry or termination of these Terms of Use, Marked by Imagination may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and Marked by Imagination shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or effect any cause of action, right, remedy or defense which shall have accrued or shall thereafter accrue to either party.

10. General

10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation
Marked by Imagination may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, it's only right and remedy is to cease using the Website and the Marked by Imagination services.

10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment
(a) Marked by Imagination may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Delaware, United States of America (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.

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