User Agreement
Terms of service: an agreement between you and Valley Custom to enter and use this website and services
Welcome to the Valley Custom website and services.
We trust that you find our amenities satisfactory. Please acknowledge and comprehend that this is a lawful realm, and by choosing to not depart from this website promptly or immediately upon reviewing our terms of service, you are consenting to utilize our services according to the stipulations of this agreement.
It is incumbent upon you to remain apprised of any modifications that may transpire between your visits, as each utilization of our services is subject to your acceptance of all our terms and conditions. We reserve the right to alter our terms and conditions periodically without providing explicit notification to you.
1 Valley Custom Services:
- You can manufacture, devise, and personalize goods that are obtainable for purchase.
- You have the option to acquire items that are available for sale.
- Save and distribute your self-made designs that you may have generated.
- Make use of our amusing picture and design utilities.
- Preserve formed images and designs into both public and private collections.
- Publish your crafted images on social media platforms or blogs, provided you have the legal entitlement to do so.
- Enroll in a subscription to access exclusive deals and the utilization of collections
2 Using our Valley Custom 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 CHILDREN UNDER 18.
Valley Custom is committed to providing products or services only to individuals who are legally capable of entering into and executing contracts in accordance with the relevant laws.
Individuals who are below the age of 18 but above 13 years may place orders for products or services only if they are supervised by a parent or legal guardian who agrees to abide by these Terms of Use.
Individuals under the age of 13 are allowed to access the Website but ARE NOT PERMITTED to place orders for products or services.
2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates otherwise:
- Intellectual Property Rights encompass all commercial, industrial, and intellectual property rights (including those that currently exist or are recognized in the future, whether equivalent, neighboring, or proximate anywhere in the world).
- A person refers to any legal or quasi-legal entity.
- A User refers to any individual or entity that utilizes the website and/or services offered by Piki Print.
- Any reference to a document, material, information, or data incorporates that document, material, information, and data in whatever form it may be stored, recorded, or embodied, including in electronic, digital, or other media.
- The term includes in any form is not intended to restrict or limit the scope of the subject being discussed.
3 User’s Obligations
3.1 Responsibilities
Users are solely and exclusively responsible, at their own expense, for:
- Providing and maintaining all necessary telecommunications lines, modems, communication controllers, routers, multiplexers, terminals, and other equipment, hardware, and software required to access and use the Website and services.
- The manner in which they utilize the Website, including any material, article, literary or artistic work, design, or other content they create, author, invent, develop, or produce
- Adhering to all relevant laws, regulations, and rules within their respective country or jurisdiction.
- Complying with any recommendations or guidelines issued by Valley Custom regarding the use of the Website and/or services.
- Ensuring that all electronic or other media they use in conjunction with the Website and the services provided comply with these Terms of Use and all applicable laws, regulations, and rules.
3.2 Restrictions on Users
Users are strictly prohibited from::
- Reproducing, publishing, distributing, sub-licensing and/or reselling the Website and/or services to any individual or entity.
- Using the Website to provide any services to any person.
- Modifying, adapting, disassembling, recompiling and/or reverse engineering the Website or service.
- Accessing or using the Website and/or service to create, develop, manufacture, market, publish, transmit, broadcast, distribute or sell any material that infringes upon the rights of any person, including Intellectual Property Rights, trade secrets, rights of privacy and publicity, or is libellous, defamatory, slanderous, or contains explicit sexual content.
- Engaging in any activity that harasses, threatens, defames or abuses others, exploits minors, encourages the use of drugs, or promotes the under-age use of alcohol or cigarettes.
- Using “Spam,” “blast-faxes,” or recorded telephone messages to market or sell any products or services.
- Using any computer program or technology that disrupts, disables, interferes with, or otherwise has a detrimental effect on the Website and/or the PIKIWARE® Platform.
- Taking any action that imposes an unreasonable or disproportionately large load on the Website or the Service.
- Collecting electronic mail addresses or other information from our Website.Impersonating another person or entity.
- Interfering with any person’s ability to use or access the Website and/or services.
- Assisting, procuring or aiding any person to engage in any activity prohibited by these Terms of Use.
- Framing or linking or otherwise using or displaying the Website in such a manner so that it appears to be part of its own or someone else’s website, without specific agreement.
Users acknowledge and agree that Valley Custom may, in its sole and unfettered discretion, terminate these Terms of Use, disable and deny access 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, without any prior notice.
4. Valley Custom Obligations
4.1 Use of Website and Services Valley Custom will permit user to use and access the Website and the services provided user meets and fulfills all obligations stated in these Terms of Use.
4.2 Privacy: Valley Custom may obtain personal data related to user during the course of and incidental to user’s use of the Website and services. Valley Custom will adhere to its Privacy Policy for the collection, use, and disclosure of such data, and user agrees to such collection, use, and disclosure of personal data by Valley Custom without revocation or condition. The Privacy Policy can be accessed through the link on the Website.
4.3 Training
User understands and agrees that Valley Custom is not obliged to provide any training or support in regards to the operation or use of the Website and/or services.
4.4 Modification of the Website.
Valley Custom retains the right to alter the structure, organization, content, or visual appearance of the Website and/or services. Additionally, Valley Custom may cease, suspend, or modify any aspect of the Website and/or service without prior notification or any liability to user or any other party. The features, functions, and other terms and conditions regarding the use and availability of the Website and service is solely at the discretion of Valley Custom.
5. Intellectual Property Rights
5.1 Title reservation
User acknowledges that these Terms of Use do not grant any right, title or interest in or to the Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided, except as expressly authorised in clause 4.1. Valley Custom grants user a limited, revocable license to access and use the Website and the service for its intended purposes, provided that user complies with these Terms of Use. This license does not include the right to collect or use information contained on the Website for prohibited purposes; to compete with Piki Print; to create derivative works based on the Website’s layout, design, look-and-feel, or structure; or to download or copy the Website (other than page caching). If user uses the Website beyond the scope of this license or breaches these Terms of Use, Valley Custom may revoke the license and deny access to and use of the Website.
5.2 Infringement prohibition
User acknowledges and agrees that Valley Custom 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 content
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs, or creates using the Website’s functionality. 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 Valley Custom an irrevocable, perpetual, non-exclusive, worldwide license to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
6. Registration
Upon completion of the registration process on the Site, you will be provided with an account designation and a password. It is your responsibility to maintain the confidentiality of your password and account, and you will be held fully responsible for any activities that occur under your account or password. You agree to immediately inform Valley Custom if you suspect any unauthorized use of your account or password or any other security breach, and ensure that you log out of your account at the end of each session. Valley Custom will not be liable for any loss or damage resulting from your failure to comply with this Section 6.
7. Warranties
7.1 User’s warranties:
The user warrants to Valley Custom that during the use of the website and services::
- It will not violate the legal rights of any person, including but not limited to intellectual property rights, trade secrets, privacy rights, and publicity rights.
- It will comply with all applicable laws, rules, and regulations.
- Additionally, the user warrants that:
- There are no pending or threatened claims, demands, or litigation related to any content used or proposed to be used by the user.
- Valley Custom is not required to make any payments or compensation to any person in connection with the user’s use of such content.
- Such content does not contain any viruses, bugs, or technology that could disrupt or damage the website or services provided.
7.2 Valley Custom’s warranties:
Valley Custom represents and warrants that it has the right to grant access and license the use of the website and services to the user in accordance with the terms of use.
7.3 Caveats
- Valley Custom provides the website and services on an “as is” and “as available” basis. Valley Custom does not guarantee that:
- The website and services will be free of errors or interruptions.
- The website and services will meet the user’s requirements.
- The website and services will operate with the user’s hardware or software configuration.The user acknowledges and agrees that the website and services may have errors or encounter unexpected problems, which may result in downtime and errors in their use or operation. Valley Custom cannot control the flow of data and information through the internet and is not liable for situations where internet connections are impaired or disrupted.Valley Custom does not warrant that any data, information, or content provided on the website is complete or accurate.
7.4 Exclusion of implied warranties:
EXCEPT FOR CLAUSE 8.1, ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, ARE EXPRESSLY EXCLUDED FROM THESE TERMS OF USE.
7.5 No representation or reliance:
The user acknowledges that no person acting on behalf of Valley Custom has made any representations or inducements for the user to enter into these terms of use, except for those expressly set out in these terms. The user confirms that it did not rely on any representations or inducements by or on behalf of Valley Custom, except for those expressly set out in these terms.
8. Exclusion and Limitation of Liability
8.1 Compliance with Law
These Terms of Use do not override any::
(a) implicit condition, warranty, or other term of these Terms of Use that is deemed unlawful or void under applicable law;
(b) liability arising from a violation of these Terms of Use that is deemed unlawful or void under applicable law;
(c) liability for fraud or deception; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Liability Exclusion
Except as provided in Clause 8.1, Valley Custom shall not be liable to the user or any other person in relation to these Terms of Use or the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, actions or omissions, or any other default or liability caused directly or indirectly by:
- a third party;
- actions of the user not expressly authorized by Valley Custom;
- accidents, misuse, or abuse by anyone other than Valley Custom;
- modification or alteration of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Valley Custom;
- products (including any hardware or software) or services not licensed or supplied by Valley Custom;
- power surge or failure,
- orce majeure events or events outside Valley Custom’s actual control; or
- 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 the user’s obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, interruption of business, loss of or damage to goodwill, and/or any expected benefit;
(d) Subscriber’s liability to any person; or
(e) incidental, indirect, consequential, special, exemplary, or punitive damages of any nature, regardless of 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 despite Valley Custom’s knowledge of the possibility of such loss or damage.
8.3 Links
Valley Custom may, at its sole and unrestricted discretion, and without the user’s consent, place links on the Website to other websites owned or operated by other parties. The user acknowledges and agrees that Valley Custom is not responsible for the operation or content of any such websites and cannot guarantee the accuracy, completeness, legality, or offensiveness of the content of such websites. By choosing to link to these other websites, the user acknowledges and agrees that it cannot hold Valley Custom responsible for any damages or losses of any kind arising from the other website and/or the link.
8.4 Liability Limitation
Subject to Clause 8.1 and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Valley Custom’s sole liability to the 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 replacement or substitution of any product or service that has been ordered and paid for by the Subscriber using the Website.
8.5 Indemnity The user shall indemnify and release Valley Custom unconditionally, without set-off or adjustment, 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.
9. Termination
9.1 Termination
(a) Valley Custom reserves the right to terminate these Terms of Use or any user’s access to the Website and/or Services, with or without cause, at any time. Such termination or suspension does not relieve the user of any obligations incurred prior to the termination or suspension.
(b) The user can terminate these Terms of Use by simply discontinuing use of the Website and Services at any time.
9.2 Effect of termination
(a)Upon termination of these Terms of Use, Valley Custom may delete any content or material relating to the user’s use of the Website and/or Services, and shall not be held liable for any damages arising from such action.
(b)The termination of these Terms of Use shall not impact any accrued rights, remedies, or defenses of either party.
10. General
10.1 Severability
In the event that any provision, part of a provision, or any right or remedy under these Terms of Use is deemed void, invalid, or unenforceable by a court or tribunal with jurisdiction, it shall only be read down or severed to the extent necessary in that jurisdiction, and such invalidity, voidness, or unenforceability shall not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
10.2 Variation
Valley Custom reserves the right to unilaterally amend these Terms of Use at any time in its sole and unfettered discretion. User agrees to be fully bound by any such amended terms and acknowledges that they become effective immediately upon being posted on the Website. Continued use of the Website and Valley Custom services after such posting constitutes unequivocal acceptance of the amended terms. These Terms of Use may not be amended otherwise, and if user does not agree to any amendment, its only recourse is to discontinue use of the Website and services.
10.3 Waiver
Any waiver, consent, election, or acquiescence given by a party under these Terms of Use shall only be effective and binding if given or confirmed in writing by that party.
10.4 Assignment
(a) Valley Custom may, with five days’ written notice to user, transfer, assign, novate, or otherwise dispose of any or all of its rights or obligations under these Terms of Use.
10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the laws of Delaware, United States of America, without regard to conflict of law rules. Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware and any appellate courts with respect to any proceedings relating to these Terms of Use that may be brought at any time..