Using the Bestflag Online Designer from bestflag.com means agreeing to the terms outlined below.
Other Applicable Terms:
IF YOU ARE LOCATED OUTSIDE THE UNITED STATES, YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL STATUTORY OR CONSUMER LAWS, WHICH PROVIDE YOU WITH OTHER REMEDIES. TO THE EXTENT THAT THESE TERMS ARE INCONSISTENT WITH THE STATUTORY LAWS OF THE COUNTRY WHERE YOU ARE USING THE Bestflag Online Designer, THESE TERMS ARE DEEMED MODIFIED TO BE CONSISTENT WITH THE LOCAL LAW REQUIREMENTS.
Use of the Bestflag Online Designer:
The Bestflag Online Designer provides a service allowing you to upload your content or content you have permission to use for the purpose of designing and creating textile print ("User Generated Textile Print") as well as publishing User Generated textile print on the Bestflag Online Designer for restricted private viewing to the extent necessary for manufacturing and fulfilling reproduction of User Generated textile print on bestflag.com textile print approved material.
You agree not to use the Bestflag Online Designer in a manner that: (a) violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) violates or otherwise encroaches on the rights of others including but not limited to using copyrighted material without the express permission of the owner; (c) interferes with or disrupts the Bestflag Online Designer or servers or networks connected to the Bestflag Online Designer; (d) compromises the Bestflag Online Designer with viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Bestflag Online Designer (collectively "Corruptive Code"); (e) uses any data mining, robots, or similar data gathering or extraction methods in connection with the Bestflag Online Designer; (f) uses any high volume automated means (including robots, spiders or scripts) to access the Bestflag Online Designer; (g) broadcasts or sends any form of advertising, mass communication or solicitation to users of the Bestflag Online Designer; or (h) attempts to gain unauthorized access to any portion of the Bestflag Online Designer or any other accounts, computer systems, or networks connected to the Bestflag Online Designer, whether through hacking, password mining, or any other means.
In order to convert your content into User Generated Art, the Bestflag Online Designer modifies your content to create a print ready file for print out. Accordingly, as a condition to access the Bestflag Online Designer, (a) you grant bestflag.com a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your content, solely for the purpose of manufacturing and fulfilling your print order for the User Generated Art; and (b) you represent and warrant to bestflag.com that you either own your content or have written permission from the copyright owner to make such content available to the Bestflag Online Designer.
The Bestflag Online Designer is protected by U.S. and international copyright laws and by other applicable laws. You may not process any content owned by someone else without the written consent of the owner of such content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Bestflag Online Designer.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS bestflag.com, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "bestflag.com AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE Bestflag Online Designer (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE Bestflag Online Designer AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
IN NO EVENT WILL bestflag.com OR bestflag.com AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE Bestflag Online Designer, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE Bestflag Online Designer IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE Bestflag Online Designer IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, bestflag.com AND bestflag.com AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. bestflag.com MAKES NO WARRANTY THAT (i) THE Bestflag Online Designer WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE Bestflag Online Designer IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE Bestflag Online Designer WILL MEET YOUR REQUIREMENTS. bestflag.com MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE Bestflag Online Designer OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Bestflag Online Designer IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED UNDER LAW, bestflag.com WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE Bestflag Online Designer, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE Bestflag Online Designer, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE Bestflag Online Designer.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
bestflag.com may terminate, suspend or modify your access to all or part of the Bestflag Online Designer without notice at any time and for any reason. If you breach any of these Terms, your access to the Bestflag Online Designer automatically terminates and any pending projects will be immediately destroyed.
Governing Law and Venue:
The Terms of Service shall be solely and exclusively governed, construed and enforced in accordance with the laws of the State of Tennessee. Any suit, action or proceeding arising from or relating to the Terms of Service may be brought solely in the courts of the State of Tennessee or any United States District Court in the State of Tennessee. The state and federal courts of Tennessee are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Tennessee.
bestflag.com may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Bestflag Online Designer or any part of the Bestflag Online Designer. Any amendments or modifications made by bestflag.com will be prospective only.
These Terms constitute the entire agreement between you and bestflag.com governing your use of the Bestflag Online Designer. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use bestflag.com Affiliate services, third-party Content, or third-party software.
The failure of bestflag.com to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Bestflag Online Designer or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.