Welcome to the Sticviews web site ("The Site"). The Site is available on the world wide web to anyone with Internet access (“User”). All of the products and services offered by The Site are provided subject to the following terms and conditions. By visiting The Site, you the User agree to be bound by these terms and conditions that are in effect at the time of your visit. Please read them carefully.
Privacy
Please review the terms and conditions of our Privacy Policy, by which you also agree to be bound as a condition of visiting The Site or accessing any products or services offered on Sticviews.com.
Copyright and Trademark Information
Copyright ©2008 Sticviews.com. 2300 McDermott Road, Suite 300-300, Plano Texas, 75025. All rights reserved. Sticviews.com or our content providers own all of the content on our web site, including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner and tools by which we designed, assembled, and layout our content is protected by worldwide copyright laws and treaty provisions.
At Sticviews.com we grant you the User a limited, revocable, nonexclusive license to access and make personal use of this site as our customer; however, you are not permitted to download (other than page caching) or modify The Site or its contents, or any portion thereof, without our prior written consent. This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sticviews.com, our affiliated companies or our partners or suppliers without our prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our prior written consent. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein. You may not use any Sticviews logo or other proprietary graphic or trademark design as part of any link without our prior written permission. Sticviews has the title and full intellectual property rights for all materials uploaded, designed, or downloaded or otherwise received from or created on this web site.
Sticviews.com encourages Users to hypertext link to our web site or your User page on The Site. We also link out to many sites. However, Sticviews reserves the right to disable any link to any site that Sticviews.com believes contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the opinion of Sticviews affects the brand, public opinion, or intent of any copyright, trademark or service mark of Sticviews.com, it’s partners, or is subsidiaries. "Framing", embedding or any other use of this site that serves to affect the identity of this site or the source of the content of this site is prohibited.
Modification of Terms
Sticviews reserves the right to amend these Terms and Privacy Policy at any time, for any reason, and without notice, including the right to terminate The Site or any part of The Site. Any amendments or modifications made by Sticviews will be effective at the time they are published on this page. By using The Site, you agree in advance to accept any changes.
Entire Agreement, Venue, and Choice of Law
These terms, privacy policy, and User agreement and any disputes arising out of or related to The Site and The Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas. Any litigation arising out of or in connection with these web sites shall be exclusively in state or federal courts located in Collin County, Texas.
These Terms may be changed or updated at any time at the sole discretion of Sticviews.com. 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 be the controlling document. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with Sticviews.com third-party content, or third-party software.
If any part of this Agreement is ruled to be unenforceable, then such part shall be removed or limited to the minimum extent necessary. The remainder of the Agreement, and all the revised portions, will remain in effect.
The failure of Sticviews.com to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to The Site or these Terms will be filed within one year after such claim or cause of action arose, or be permanently barred.
Payment and Delivery
Sticviews.com collects all payments to in advance by credit card via Sticviews.com web site and 3rd party secure credit card processing agents. Users shall pay the full price due in advance, including sales taxes. Acceptance of orders is subject to credit approval. No work will proceed on printing until payment is made. No refunds are given once an order has been printed unless it meets criteria in our Satisfaction Guarantee.
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Shipping dates are estimates only and shipping is provided by 3rd parties. Users must notify Sticviews.com within 21 days of the date of shipment if User believes any part of a delivery to be missing, wrong or damaged.
Unless User provides Sticviews.com with a valid and correct tax exemption certificate applicable to User’s purchase, User is responsible for sales and other taxes associated with any order.
Color Variations from the Original Image
Sticviews.com makes every effort to produce high quality, color accurate prints. However, due to variations in computer monitors, printers, equipment, paper, inks and other conditions, reasonable variations in color between the original submitted digital image and the print produced by Sticviews.com should be expected. Prints delivered with variations of his kind shall be considered as acceptable performance.
Your Account
As a User, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept full responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You understand and agree that the provision of any materials to us through The Site is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital content. We are not responsible for any loss of data and/or files resulting from our suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason. In addition, we are not required to return any materials you submit to The Site.
Prohibited Subject Matter and Copyright Infringement
User’s may not use The Site to process anything which Sticviews.com, at its sole discretion, deems Prohibited Subject Matter. Prohibited Subject Matter, as used herein, includes but is not limited to content or other material that Sticviews.com. believes: (a) Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate; (b) Comprises copyrighted material used without the express permission of the owner; (c) Violates or encroaches on the rights of others; (d) Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise The Site; (e) Advocates illegal activity; (f) Harms anyone, including minors; or (g) Links to other websites which violate any of the above.
Copyright or Trademark Compliance
At Sticviews, we respect the intellectual property rights of others. Except in limited instances under authorized agreements, Sticviews does not produce the artwork on our site, but rather the artwork is provided for Users under Creative Commons Attribution (by:) licenses.
Users may upload artwork for printing, but in all cases Users must respect the intellectual property of others and warrant that the subject matter to be printed does not violate the copyright of any party. Users must accept a copyright agreement that documents that they have sufficient rights to print artwork, share artwork with other Users, and allows Sticviews to display artwork on The Site. Users must warrant that no copyright notice has been removed from any material submitted to Sticviews.com for printing.
Users must also recognize that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure User’s right to reproduce an image. Users must agree to indemnify and hold Sticviews.com harmless for all liability, damages and attorney's fees that may be incurred in any legal action connected with copyright infringement involving the image or images uploaded by the User or the print produced from such image or images.
Images uploaded to The Site must be in .jpg, .gif or .bmp format. Images uploaded in other formats will not work on The Site. It is the User’s responsibility to maintain a copy of the original image file. Sticviews.com is not responsible for loss or accidental damage to images uploaded by the User or for the accuracy or quality of images uploaded for printing. No claims or warranties are made by Sticviews.com regarding images submitted by the User in digital format, and no liability is assumed for problems that may arise.
Sticviews will retain a copy of the uploaded image for a period of thirty (30) days on its servers. If a User or another customer orders additional prints to be prepared from the image, then the 30 day period will be reset to another 30 days. If the image is not used in any purchase for 30 days it will be deleted from The Site and User account areas. Sticviews.com is not liable for any loss or damage to stored images. If Sticviews.com finds that an uploaded image cannot be printed for technical reasons, any amounts charged to User’s credit card shall be refunded for the order relevant to the image with technical limitations.
Sticviews.com reserves the right to use its sole discretion in refusing to deliver to the User any prints that Sticviews.com deems to be Prohibited Subject Matter. Because Sticviews.com does not pre-inspect images submitted for printing via its online interface, the User is fully liable for the cost of printing even when Sticviews.com refuses to deliver any print it deems Prohibited Subject Matter.
Copyright or Trademark Complaints
If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the next paragraph. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from The Site pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used by us in a way that constitutes copyright or trademark infringement, please send us written notice with following information:
1. a description and copy of the copyrighted work that you claim has been infringed;
2. a description of where the material that you claim is infringing is located on The Site (what web page URL or User account);
3. your address, telephone number, and email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. the physical signature of the person authorized to act on behalf of the owner of the copyright holder on the document(s) comprising 4 and 5 above and notarized.
Sign the statement and submit it by mail it to:
Sticviews.com
Attention: Legal Department
2300 McDermott Road
Suite 200-300
Plano, Texas 75025
Please note that this procedure is exclusively for notifying us of your belief that your copyrighted material or trademark has been infringed. Please email us at contactus@sticview.com for any other inquiries.
Indemnification
User must agree to indemnify, defend and hold Sticviews.com, its officers, directors, employees, agents, licensors and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, including but not limited to violations of the provisions of Prohibited Subject Matter above, or any activity related to User’s use of The Sites (including negligent or wrongful conduct) by User or any other person accessing or using The Site using the User’s account and/or (ii) a claim that an image submitted to and printed by Sticviews.com is Prohibited Subject Matter or infringes third party intellectual property rights.
Disclaimer of Warranties and Limitations of Liability
ALL SERVICES PROVIDED BY Sticviews.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, Sticviews.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STICVIEWS, INC MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STICVIEWS, INC MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH STICVIEWS, INC SITE OR ADVERTISED THROUGH STICVIEWS, INC’S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STICVIEWS, INC OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL STICVIEWS, INC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF STICVIEWS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, STICVIEWS, INC’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Sticviews.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. FURTHER, Sticviews.com WILL HAVE NO LIABILITY TO USER OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED THROUGH THE SITE OR THROUGH THE SITE. USER AGREES THAT THE AGGREGATE LIABILITY OF STICVIEWS, INC TO USER FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS USER HAS PAID TO STICVIEWS, INC FOR ACCESS TO AND USE OF THE SITE OR SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.
Reviews, Comments, Questions
At Sticviews.com. we offer services where Users can rate other User’s Sticviews creations, write comments, select favorites, forward Sticviews designs to other Users, or submit suggestions, ideas, or questions, to contactus@Sticviews.com By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
Termination
Sticviews may, in its sole discretion, terminate your account (or any part thereof) or your use of The Site, and remove and discard any content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Sticviews.com elsewhere on The Site, (ii) conduct Sticviews.com believes is harmful to other Users of Sticviews.com Users, the business of Sticviews.com or The Site Host, or (iii) failure to continue Active Participation in The Site. Active Participation is those that have visited The Site in a 1 year period. Revisiting The Site with renew the 1 year term of Active Participation. Neither Sticviews nor The Site Host will be liable to you or any third-party for any termination of your access to The Site or discarding content.
Relationship of the Parties
The parties hereto are independent contractors and nothing in these Terms will be construed as creating a joint venture, employment or agency relationship between the parties.
Force Majeure.
Sticviews.com shall not be liable to Users or any other person for any failure or delay in the performance of any obligation under these Terms due to events beyond its reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, and, except as otherwise set forth in these Terms, acts or regulations or priorities of the federal, state or local governments.
Contact Us
At Sticviews we value your input and enjoy serving our customers. If you have any inquires or comments please submit them to contactus@Sticviews.com or visit our
Help Section of Sticviews.com for questions about our products or installation..