Terms and Conditions:

 
Please read the following information carefully.
 
1. Introduction
Welcome to Lamcraft Digital Memories Online
(www.lamcraftdigitalmemories.com)
Please read these Terms and Conditions (“Terms”) carefully as
they contain the legal terms and conditions that you (“you”) agree
to when you access and use this website. (the “Website”), and /
or purchase items online from Lamcraft, Inc. Use of this Website
(www.lamcraftdigitalmemories.com) constitutes your acceptance of
these Terms and you acknowledge these Terms constitute a binding
agreement between you and Lamcraft, Inc.
 
2. Pricing, Products and Policies
Pricing, retail policies and shipping applicable to the purchase of
Lamcraft’s products are set forth on the Website, and are incorporated
into these Terms by reference. All costs and fees are quoted in U.S.
dollars. We may in our sole discretion add, delete, or change some or
all of the prices of our products and services at any time without notice.
 
3. Content Restrictions
You are responsible for all of the images you upload to our site. You
must have the legal right to copy and display each image that you
upload, share or print. You should assume that all text, graphics and
images that you find on the World Wide Web are subject to a copyright.
In general, it is a violation of federal law to copy text, graphics or
images that are subject to a copyright and use the copyrighted material
on the Memorial Bookmarks you create using this service without the
consent of the owner of the copyright. For more information about
copyright law, you may visit www.copyright.gov. Before copying any
text, graphics or images, you must confirm that it is in the public domain
and not subject to a copyright, or otherwise obtain the consent of the
owner of the copyright to use the material. You authorize Lamcraft Inc.
to cooperate with copyright owners who claim that you have infringed or
may infringe their intellectual property rights. This cooperation includes,
but is not limited to, taking the following action without notice: disclosing
your material and any other information you have disclosed to us to
the copyright owner or its agent and destroying all alleged infringing
material.
 
You agree not to use the Lamcraft Digital Memories Online Website or
 
service:
A. For any unlawful purposes;
B. To upload or otherwise transmit or communicate any material that
is obscene, offensive, blasphemous, pornographic, unlawful, deceptive,
threatening, menacing, abusive, harmful, an invasion of privacy or
publicity rights, supportive of unlawful action, defamatory, libelous,
vulgar, illegal, or otherwise objectionable;
C. To upload or otherwise transmit or communicate any material that
contains or depicts nudity, sexually explicit or suggestive material, rude
or obscene material, graphic violence or illegal activities, celebrities or
celebrity likenesses, regional, national or international leaders or
politicians, current or former world leaders, convicted criminals, or
newsworthy, notorious or infamous images and individuals;
D. To upload copyrighted material as noted previously;
E. To harm minors in way, including, but not limited to, content that
violates child pornography laws, child sexual exploitation laws and laws
prohibiting the depiction of minors engaged in sexual conduct;
F. To upload or otherwise transmit any material that is likely to cause
harm to Lamcraft Digital Memories Online or anyone else’s computer
system, including but not limited to that which contains any virus, code,
worm, data or other files or programs designed to damage or allow
unauthorized access to the Website or which may cause any defect,
error, malfunction or corruption to the service.
 
You agree that Lamcraft, Inc. in its sole discretion may determine that
any material you upload may not meet these content requirements.
 
4. Suspension and Termination of Access
 
You agree that Lamcraft, Inc. may at any time without notice:
 
A. Move or suspend any part of Lamcraft Digital Memories Online; or
B. Refuse to fulfill any order, or any part of any order or terminate
your account and delete any content stored in your account if, in
Lamcraft, Inc.’s sole discretion you fail to comply with any of these
Terms or if a competent regulatory authority requires Lamcraft, Inc. to
do so.
 
Lamcraft Digital Memories Online will not be liable to you or any third
party for any suspension or termination of your access to the Website
or failure to generate any bookmarks, except that Lamcraft, Inc. will
refund to you any amounts paid by you for Products not delivered.
 
5. Reporting Violations of Your Intellectual Property
Lamcraft, Inc. is committed to protecting intellectual property. Each user
of Lamcraft Digital Memories Online is required by law and these Terms
to own the right to or to obtain permission to use any image or verse to
create bookmarks. If you believe your intellectual property or other legal
rights have been infringed, please contact us at the following address:
 
Lamcraft, Inc.
ATTN: Customer Service
4131 N. E. Port Drive
Lee’s Summit, MO 64064
Phone: (816) 795-5505
Fax: (816) 795-8310
Email: customerservice@lamcraft.com
 
Please provide us with the following and any other relevant information,
which Lamcraft, Inc. may then forward the alleged infringer:
Identify the Intellectual Property that you claim has been infringed;
Provide a photocopy or scanned image of the allegedly infringing
bookmark for identification purposes;
Provide your address, telephone number and email address;
Provide a statement that (i) you have a good faith belief that the
disputed use is not authorized by the Intellectual Property owner,
its agent, or the law, (ii) the information you have provided to us is
accurate; and (iii) you are the owner of the Intellectual Property involved
or you are authorized to act on behalf of that owner; and provide your
physical or electronic signature.
 
Upon receiving your complaint, Lamcraft, Inc. may suspend or
terminate the account of the customer who appears to be infringing
your Intellectual Property, and may take further appropriate action.
 
6. Age and Geographical Requirements
You must be at least 18 years of age to use Lamcraft Digital Memories
Online and to order from Lamcraft’s online store. Lamcraft, Inc. only
accepts orders that are shipped to locations within the United States
and its territories, and Canada.
 
7. Responsibility for Bookmark Creation and Use
You acknowledge and agree that neither Lamcraft, Inc. nor any other
party connected with the license or manufacture of the bookmarks
will be involved in any way with the design of your bookmark through
Lamcraft Digital Memories Online. You must evaluate and bear all risks
 
associated with the use of any of your content and images. You are
solely responsible for and assume all liability arising from all bookmarks
that you and any other person create or use in connection with the
Website. The fact that we offer a Website that facilitates the creation of
memorial bookmarks does not mean that: (1) we approve or endorse
the content of the bookmarks, (2) the bookmarks comply with all
applicable laws, or (3) you will not incur any liability or harm arising from
the bookmarks.
 
Furthermore, you agree to refrain from using Lamcraft Digital Memories
Online, your memorial bookmarks created by the Website, or images
of these memorial bookmarks in any manner that would cause damage
to the public reputation of Lamcraft, Inc., its employees or owners. In
the event that you use or publicly display your memorial bookmarks
(produced by Lamcraft Digital Memories Online), including my display
on the Internet, in order to intentionally bring harm to Lamcraft, Inc.,
its employees, officers or owners. Lamcraft, Inc. reserves the right to
pursue any and all remedies available to Lamcraft, Inc. under the law.
 
8. Privacy
Lamcraft, Inc. has a firm commitment to safeguarding your privacy.
Please review the Lamcraft, Inc. Privacy Policy. The terms of Lamcraft,
Inc. Privacy Policy are incorporated into, and considered part of, these
Terms.
 
9. Compliance of the Law
You agree that you will use the Website and any memorial bookmarks
created with the Editor, thereon at all times in accordance with all
applicable United States federal, state and local laws, statutes,
regulations, and ordinances, and will not take any action that harms or
violates the rights of any person or entity.
 
10. Indemnity
You agree to indemnify and hold Lamcraft, Inc., and its subsidiaries,
affiliates, officers, employees, agents, printers, contractors, vendors,
co-branders, suppliers, Internet service providers, and partners
harmless from any loss, costs, claim, demand or other harm of any
kind, including reasonable attorneys’ fees, due to or arising out of
your use of the Website, your content and/or images, your use of the
bookmarks, your default under any provision in these Terms, your
violation of any laws and your violation of any rights of another person.
 
11. Third Party Links
 
This Website may provide links to third-party sites that might be of
interest to you. We have no control over the content or availability of
the contents of these sites. It is your responsibility to become familiar
with each site’s privacy and other policies and terms of service, and to
contact that site’s Webmaster or site administrator with any concerns.
 
12. Proprietary Rights
This Website, the www.lamcraftdigitalmemories.com service, and all
software, systems and processes used in connection with the Website
and service (“Software”) contain proprietary and confidential information
that is protected by applicable intellectual property and other laws and
pending US patent applications.
 
13. Disclaimer of Warranties
THE PRODUCTS, SERVICE, WEBSITE, CONTENT
AND/OR MATERIALS AVAILABLE THROUGH
WWW.LAMCRAFTDIGITALMEMORIES.COM ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
LAMCRAFT, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. LAMCRAFT, INC. MAKES NO WARRANTY
THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE
OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. LAMCRAFT, INC. MAKES NO WARRANTY
REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL
OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR
SERVICES, PURCHASED, ACCESSED, OR OBTAINED THROUGH
THIS WEBSITE OR ADVERTISED THROUGH THIS WEBSITE.
 
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
UNDER NO CIRCUMSTANCES SHALL LAMCRAFT, INC. BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN
IF LAMCRAFT, INC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE
INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY
 
CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 
15. Amendment of the Terms
We reserve the right to amend these terms from time to time at
Lamcraft, Inc. with our sole and absolute discretion. If you continue
to use the Website and the services offered therein after any such
changes, you will be deemed to have accepted those changes.
 
16. Applicable Law and Jurisdiction
These terms shall be governed by and construed in accordance with
the laws of the State of Missouri.
 
17. General Information
No agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created by these
Terms. We may assign our rights and responsibilities hereunder without
notice to you. The failure of a party to exercise or enforce any right
or provision of these Terms will not constitute a waiver of the right or
provision. Our failure to act with respect to a breach by your or others
does not waive our right to act with respect to subsequent or similar
breaches.
All items purchased through lamcraftdigitalmemories.com are made
pursuant to a shipment contract. This means that the risk of loss and
title for such items pass to you upon delivery of our carrier.
If any part of these Terms is held to be invalid or unenforceable, then
the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision most closely matching the intent of the
original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with
respect to this online memorial bookmark service, and supersede all
other communications, written or oral, with regard to the service.
 
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