MyDieCuts Terms of Use

WEB SITE TERMS AND CONDITIONS OF USE AGREEMENT

In General

This Web site is provided to you by MyDieCuts.com. Access to and use of this Web site and the services available at this Web site are subject to the following terms and conditions as set forth in this notice. By accessing or using the Web site or downloading materials from the Web site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please, review them carefully. If you do not agree to the terms, do not use this Web site.

Intellectual Property

The copyright in this entire Web site is held by MyDieCuts.com. All material provided on this Web site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Web site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of MyDieCuts.com.  Of noteable exception are
the member-supplied project files, which are downloaded from the site as zip files.

Individual visitors of this Web site are permitted to download or print one copy of material published on this Web site solely for their personal, non-commercial use, provided that they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. MyDieCuts.com does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.

The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this Web site are claimed by MyDieCuts.com and no trademark license, either express or implied, is granted by MyDieCuts.com. You do not have any right to use any Trademark or Service Mark displayed on this Web site except as expressly provided under the doctrine of Fair Use without the prior written permission of MyDieCuts.com.  Trademarks are one of our most valuable business assets. In the event of unauthorized use or misuse of its Trademarks MyDieCuts.com will pursue its legal remedies without delay.

Electronic Information Submitted to this Web site.

Any communication or material other than your personal information submitted to this Web site by electronic mail is the exclusive property of MyDieCuts.com and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas. MyDieCuts.com shall be free to use them for any purpose whatsoever without restriction or compensation.

Under federal law, namely the relevant provisions of the Communications Decency Act, MyDieCuts.com  assumes no responsibility for or is otherwise legally responsible for remarks posted upon this Web site by third parties, even if those remarks are defamatory.  MyDieCuts.com allows third parties to post their opinions on this site.  MyDieCuts.com will not censor these opinions nor will it investigate the remarks for accuracy.

However, in certain situations, outlined below, MyDieCuts.com will remove postings by third parties ("posters" or "users"), including:

(1)	MyDieCuts.com is presented with a valid court order from a court of competent jurisdiction ordering the removal of the posting;

(2) MyDieCuts.com is presented with a valid court order from a court of competent jurisdiction finding that the posting is slanderous, libelous, defamatory or otherwise illegal;

(3)	MyDieCuts.com is presented with a settlement agreement, resolving a dispute between the poster and any third party(ies) complaining about the posting, mandating that the posting be removed;

(4)	The posting contains vulgar, profane, or obscene language;

(5)	The posting contains adult material, including but not limited to, graphic images, written images, or links thereto;

(6)	The posting does not relate to a valid commercial transaction and is not the type of posting for which the Web site is intended, namely sharing of information regarding cutter files;

(7)	The posting contains personal identifying information about another user of this Web site;

(8)	The posting was posted by a user who submitted false contact information during the registration process and MyDieCuts.com is unable to contact the poster/user; and

(9)	Multiple copies of the same posting; or

(10)	The posting references a commercial transaction that did not occur.

If you believe that a user has posted material which meets one of the above conditions, contact MyDieCuts.com at webmaster@mydiecuts.com.

Disclaimer

THE INFORMATION IN THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYDIECUTS.COM SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEB SITE.

MyDieCuts.com is constantly improving its products and services and reserves the right to make such improvements or changes to this Web site, the materials, products, services or prices posted in this Web site without prior notice as it deems necessary.

As a convenience to you, MyDieCuts.com may  provide links to Web sites operated by others.  MyDieCuts.com makes no representations about Web sites accessed from this Web site which are not maintained, controlled or created by MyDieCuts.com and does not endorse any linked Web sites or the information appearing thereon.  Links do not imply that MyDieCuts.com is affiliated with or associated with such linked Web sites, their owners or operators, or any related companies.

Indemnity

You agree to indemnify, hold harmless, and defend MyDieCuts.com, it subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), and its officers, directors, employees, agents, insurers, and representatives of any of them (collectively the 'Release Parties') from any an all claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from my use of this Web site.

No Agency

You and MyDieCuts.com are independent contractors, and no agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist by this Agreement.

Dispute Resolution

You agree that in the event a dispute arises concerning your use of MyDieCuts.com, or any other program or service offered by MyDieCuts.com, that such dispute shall be resolved via an arbitration process.  Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party.  You agree that all arbitration proceedings will be conducted at Irvine, California.  You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in Irvine, California.

Choice of Law

You agree that any dispute arising under this Agreement shall be governed by the laws of the state of California.

No Guarantee of Continuous Use

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be stopped due to factors outside our control.

Survival

In the event one part of this Agreement is found to be invalid, the other provisions shall remain valid and enforceable.

Agreement

Your use of this Web site signifies your agreement to be bound by the terms of this Agreement.

Contact MyDieCuts.com

You can direct any questions concerning these Terms and Conditions of Use to:

Via E-mail:

webmaster@mydiecuts.com

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MyDieCuts Terms of Use