Buddyiconmaker.com Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THE BUDDYICONMAKER.COM WEB SITE ("THE SITE"), YOU AGREE TO THE TERMS CONTAINED IN THIS LEGAL STATEMENT ("THE AGREEMENT"). THE PARTIES CONFIRM THAT THIS AGREEMENT AND ALL RELATED DOCUMENTATION ARE AND WILL BE DRAFTED IN ENGLISH.

INTELLECTUAL PROPERTY OWNERSHIP

Any and all intellectual property rights associated with The Site and the text, software, music, sound, photographs, video, graphics, domain names, URLs, advertisements, commercially produced information, and other materials contained on The Site ("BuddyIconMaker.com Content"), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents ("Intellectual Property"), are the sole property of BuddyIconMaker.com ("BuddyIconMaker.com") or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, BuddyIconMaker.com does not grant to you any express or implied rights to BuddyIconMaker.com’s or any third party’s Intellectual Property. The BuddyIconMaker.com Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.

USE OF BUDDYICONMAKER.COM CONTENT

You understand and agree that you are permitted to use BuddyIconMaker.com Content only as expressly authorized by BuddyIconMaker.com or its third party licensors, as applicable. You may download, view, copy and print BuddyIconMaker.com Content, subject to the following: (a) the BuddyIconMaker.com Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the BuddyIconMaker.com Content may not be modified or altered in any way. You may not distribute, modify, transmit, reuse, repost or use the BuddyIconMaker.com Content for public or commercial purposes without BuddyIconMaker.com’s prior written consent.

TRADEMARKS

All BuddyIconMaker.com graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks, or trade dress of BuddyIconMaker.com. BuddyIconMaker.com’s trademarks and trade dress may not be used in connection with any product or service that is not BuddyIconMaker.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BuddyIconMaker.com. All other trademarks not owned by BuddyIconMaker.com that appear on The Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BuddyIconMaker.com.

USER RESPONSIBILITIES

In consideration for your use of The Site, you must: (1) provide all equipment necessary for accessing and utilizing The Site; (2) provide for your own access to the World Wide Web and pay any service fees or other charges associated with your access; and (3) agree to adhere to the terms of this Agreement. If you decide to purchase products through The Site, you agree to: (1) provide certain current, complete, and accurate information about yourself as prompted to do so (this information will be referred to as "Customer Information"); and (2) maintain and update your Customer Information as required to keep it current, complete and accurate. All Customer Information will be handled in accordance with the terms of the BuddyIconMaker.com Privacy Statement.  BuddyIconMaker.com reserves the right to terminate your right to use The Site or block your access to The Site if BuddyIconMaker.com learns that you have provided BuddyIconMaker.com with false, inaccurate or misleading Customer Information or that you have otherwise violated this Agreement. BuddyIconMaker.com reserves the right to change its criteria for allowing access to The Site, at any time, in its sole discretion.

LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES

Any links, including click-through and other advertisements and promotions, on The Site to third party web sites or resources are provided solely for your convenience. By clicking on any link to a third party web site you acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving The Site; (2) BuddyIconMaker.com has not reviewed, does not monitor, and has no control over the content, advertising, order fulfillment, billing, customer service, products, or availability of any third party web sites or resources, and you bear all risks associated with the use of third party web sites or resources; and (3) BuddyIconMaker.com is not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on third party web sites or resources, or for your purchase of products from third party web sites whose products may also be offered through The Site.

USER MATERIALS

The Site contains e-mail and other functions for you to provide files, data, media, orders, product inquiries, graphics, text or other information to BuddyIconMaker.com ("User Materials"). You hereby grant (or warrant that the owner of rights to the content or information has expressly granted) BuddyIconMaker.com the world-wide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display User Materials (in whole or in part) and to incorporate them in other works in any form, media, or technology now known or later developed on The Site. User Materials do not include your Customer Information, which is handled in accordance with the BuddyIconMaker.com Privacy Statement. You agree not to provide BuddyIconMaker.com with any User Materials that are confidential. You understand that the technical processing and transmission of information on The Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

In the event that you make accessible communications or other materials that infringe the copyrights of a third party, BuddyIconMaker.com may terminate your access to The Site in accordance with BuddyIconMaker.com’s Copyright Policy as set forth below.

PERSONALLY IDENTIFIABLE INFORMATION

For detailed information regarding BuddyIconMaker.com’s use of your Customer Information and any other personally identifiable information you may submit, please read our Privacy Statement.

IDEA SUBMISSION POLICY

BuddyIconMaker.com will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when products or services might seem similar to ideas submitted to BuddyIconMaker.com. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to BuddyIconMaker.com or anyone at BuddyIconMaker.com. If, despite this request, you still send us your ideas and materials, please understand that BuddyIconMaker.com will not treat your ideas or materials as confidential or proprietary. Further, with respect to anything you communicate, transmit or post to or through The Site, (a) BuddyIconMaker.com or its affiliates may use such materials for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, and (b) BuddyIconMaker.com is free to use any ideas, concepts, know-how, or techniques contained therein for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any acknowledgement or obligation of compensation to you.

TERMINATION

BuddyIconMaker.com may terminate this Agreement at any time with or without cause. You agree that BuddyIconMaker.com, in its sole discretion, may terminate your access to all or a portion of The Site, cancel any services via The Site, and remove and discard any User Materials or Customer Information within The Site, for any reason, including, without limitation, lack of use, or if BuddyIconMaker.com believes that you have violated this Agreement. You agree that any termination of your access to The Site may be effected without prior notice, and acknowledge and agree that BuddyIconMaker.com may delete your personal information in accordance with the BuddyIconMaker.com Privacy Statement and/or prevent any further access to The Site. Further, you agree that BuddyIconMaker.com will not be liable to you or any third party as a result of BuddyIconMaker.com’s termination of your access to The Site. Should you object to any provision of this Agreement or any subsequent modifications to it, or become dissatisfied with The Site in any way, your only recourse is to cease use of The Site.

REFUND POLICY

BuddyIconMaker.com shall provide a full refund of the membership fees for cancellation of your membership within 7 days from the date of purchase provided the service has not been used to create more than 25 buddy icons. You must contact support in writing to cancel your membership.

ACCEPTABLE USE

In consideration of your use of The Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your user identification number and/or password (your "Account"). You agree to immediately notify BuddyIconMaker.com of any unauthorized use of your Account or any other breach of security of which you are aware.

You agree that you will use The Site in a manner that complies with all applicable, international, federal, state, and local laws, and, subject to BuddyIconMaker.com’s obligations under its Privacy Statement, you acknowledge that you are solely responsible for any User Materials that you upload, download, transmit or otherwise process using The Site.

You agree not to:

(a) upload, download or transmit via The Site any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, excessively violent, threatening, tortious, invasive of another’s privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to web sites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, "spam," chain-letters, or other such solicitation;

(b) use The Site to publicly broadcast, transmit, or display User Materials for "pay-per-download" or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, The Site or any Internet host;

(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity;

(d) disrupt or interfere with the security of, or otherwise abuse, The Site, or any services, system resources, accounts, servers or networks connected to or accessible through The Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to The Site or products made available on The Site, or otherwise take any action that imposes an unreasonable or disproportionately large load on BuddyIconMaker.com’s infrastructure;

(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent, or to use any robot, spider, other device or process (whether automatic or manual) to monitor or copy the BuddyIconMaker.com Content;

(f) sublicense, lease, rent, sell, resell, or otherwise transfer rights to The Site or exploit for any commercial purposes any use of The Site;

(g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on The Site, or bypass The Site and directly access any individual components of or products that are included in The Site; or

(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on The Site or in BuddyIconMaker.com Content printed or downloaded through The Site, or contained in or included with products or services received through The Site.

NO OTHER WARRANTIES

EXCEPT AS PROVIDED IN ANY THIRD PARTY PRODUCT MANUFACTURER’S PRODUCT WARRANTY, IF ANY, ISSUED BY SUCH MANUFACTURER IN CONNECTION WITH THE PURCHASE OF A PRODUCT THROUGH THE SITE, THE SITE AND PRODUCTS OFFERED THROUGH THE SITE UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. BUDDYICONMAKER.COM DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

BUDDYICONMAKER.COM AND ITS PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. BUDDYICONMAKER.COM AND ITS PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE SITE OBTAINED FROM BUDDYICONMAKER.COM OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW.

YOU UNDERSTAND AND AGREE THAT ANY BUDDYICONMAKER.COM CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE SITE ARE GOVERNED SOLELY BY THE THIRD PARTY’S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND BUDDYICONMAKER.COM HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BUDDYICONMAKER.COM, ITS LICENSORS, VENDORS, PRODUCT OR SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SITE, THE PRODUCTS OFFERED OR SOLD THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF BUDDYICONMAKER.COM WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. BUDDYICONMAKER.COM CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IF AND TO THE EXTENT THE LIMITATION OF LIABILITY DESCRIBED ABOVE IS NOT PERMITTED IN A JURISDICTION, THE MAXIMUM LIABILITY OF BUDDYICONMAKER.COM FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.

INDEMNITY

You agree to indemnify and hold BuddyIconMaker.com and its suppliers, licensors, vendors, product and service providers, subsidiaries, affiliates, officers, agents, representatives, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of The Site, and User Materials you submit, transmit, store, upload or download through The Site, any product received by you through The Site, or any violation of this Agreement or the rights of others.

COPYRIGHT POLICY – NOTICE TO BUDDYICONMAKER.COM REGARDING ALLEGED COPYRIGHT INFRINGEMENT

BuddyIconMaker.com respects the Intellectual Property rights of others, and expects its web site users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), BuddyIconMaker.com has designated an agent to receive notifications of alleged copyright infringement associated with The Site. BuddyIconMaker.com will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:

e-mail: copyright@buddyiconmaker.com
US Mail:
BuddyIconMaker.com
PO Box 116
Wilmington, MA 01887

When notifying us of the alleged copyright infringement, please include all of the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

b) Identification of the copyrighted work claimed to have been infringed;

c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;

d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;

e) A statement that the complaining party has a good faith belief that the 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.

BuddyIconMaker.com reserves the right to terminate your use of The Site for any actual or alleged copyright infringement.

NOTICES

All notices to a party shall be in writing and shall be made via e-mail to support at buddyiconmaker.com for notices to BuddyIconMaker.com, or to the e-mail address that you provide to BuddyIconMaker.com as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to BuddyIconMaker.com may be sent by regular mail, postage prepaid to BuddyIconMaker.com’s address provided below.

BuddyIconMaker.com
PO Box 116
Wilmington, MA 01887

BuddyIconMaker.com may also broadcast notices or messages, or other matters of importance, on The Site; such broadcasts will constitute notice to you.

EXPORT

You may not export from the United States or allow the export or re-export of any part of The Site or products obtained via The Site, in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or applicable foreign agency or authority. You agree to defend and indemnify BuddyIconMaker.com from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of any claim that The Site, or any product or other information or materials obtained from BuddyIconMaker.com, were exported or otherwise accessed, shipped or transported in violation of this Section and all applicable laws and regulations.

MODIFICATIONS TO AGREEMENT OR THE SITE

BuddyIconMaker.com may at any time modify, update, or otherwise change the provisions of this Agreement. If at any point BuddyIconMaker.com modifies the Agreement, for a limited period of time, you will see the word "updated" next to the Terms of Use link on the front page of The Site. If any modification to this Agreement is unacceptable to you, you may immediately terminate your use of The Site or your Account. However, if you do not terminate your Account, or continue to use The Site following the posting of any modification to this Agreement, your continued use will be deemed an acceptance of that modification. Accordingly, we encourage you to visit The Site from time to time to review the current version of this Agreement. BuddyIconMaker.com reserves the right to modify or discontinue all or part of The Site, temporarily or permanently, with or without notice to you, and is not obligated to support or update The Site. You acknowledge and agree that BuddyIconMaker.com will not be liable to you or any third party in the event that BuddyIconMaker.com exercises its right to modify or discontinue all or part of The Site. Unless explicitly stated otherwise, any new features that augments or enhances the current Site will be subject to this Agreement.

GENERAL

Entire Agreement. This Agreement (and any additions or modifications to this Agreement made by BuddyIconMaker.com and/or mutually agreed to in writing by the parties) constitutes the entire agreement and understanding between you and BuddyIconMaker.com with respect to The Site and purchases made via The Site. While BuddyIconMaker.com reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of BuddyIconMaker.com execute a separate written agreement.

Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of this Agreement.

Applicable Law. This Agreement is subject to applicable United States federal laws and federal and state tariffs, if any, and the laws of the Commonwealth of Massachusetts, without regard to conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment. BuddyIconMaker.com may assign its rights and duties under this Agreement without the assignment being considered a change to the Agreement and without notice to you. BuddyIconMaker.com is then released from all liability. You may not assign this Agreement without the prior written consent of BuddyIconMaker.com. All rights and obligations under this Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.

Acknowledgement

You acknowledge that you have read and understand this Agreement and that the Agreement has the same force and effect as a signed agreement. You should print a copy of this Agreement and keep it with your records.

This Agreement was last modified on 6/18/2003

BuddyIconMaker.com
PO Box 116
Wilmington, MA 01887