Terms of Service
Last updated: May 1st 2016.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.ConjurePrints.com website (the "Service", “Site”, or “Website”) operated by Conjure.("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
These Terms shall be governed and construed in accordance with the laws of United State, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Our Legal Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Conjure. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Conjure aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Conjure, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Conjure. Conjure prohibits use of any logo of Conjure or any of its affiliates as part of a link to or from any Website unless Conjure approves such link in advance and in writing. Fair use of Conjure’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than Conjure. Such links are provided for your reference only. Conjure does not monitor or control outside Websites and is not responsible for their content. Conjure’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Conjure’ inclusion of the links imply that Conjure is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Your monthly subscription for Conjure products will start when Conjure confirms your payment and will continue for a period of thirty days. When you purchase a monthly subscription, auto-renew is automatically selected in your Conjure Account. At the end of the monthly subscription period, you will automatically be signed up and billed for an additional subscription term of 30 days. If you do not wish your subscription to auto-renew, you may uncheck the auto-renew box in your Conjure Account prior to the end of your current subscription term.
General Terms for all Subscriptions
Subscriptions are non-cancelable and non-returnable. You may change your auto-renewal preferences in your Conjure Account, but no refunds will be paid on any remaining subscription period.
If you allow your Subscription to lapse, your Conjure software licensed on a subscription basis will no longer run.
Subscription pricing is subject to change. New pricing takes effect upon renewal of your subscription. Educational subscription pricing, if available, is subject to verification of eligibility.
Use of Site and Service.
As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:
Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Conjure is not responsible for third party access to your account that results from theft or misappropriation of your usernames and passwords.
Geographic Limitations. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the user of the Services is legal in your jurisdiction.
Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter the "Post", “File”, or “Content”) through the Services; and (iii) your interactions with other Registered Users through the Services.
Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others.
No Guarantees. You understand that Conjure makes no guarantees, either express or implied, regarding the Files and/or Posts created through the Service.
Reporting of Violations. You will promptly report to Conjure any violation of the Agreement by others, including but not limited to, Registered Users.
Content Removal. Conjure reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Conjure will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. Conjure further reserves the right to remove any such information, in its reasonable discretion, in order to assure that you have a quality experience on the Site.
Posting and Communication Restrictions. You will not post on the Services, transmit to other users, communicate any content (or links thereto), create any content, or otherwise engage in any activity on the Site or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
In addition to the above, postings on the Content Services currently known as Conjure will follow the Community Guidelines , in addition to the terms of this Agreement.
Please choose carefully the information that you post on, through or in connection with the Services and that you provide to other Users. You may not post any form of Prohibited Content, as outlined above. Despite this prohibition, information, materials, products or services provided by other Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Conjure assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact us letschat@ConjurePrints.com immediately. Conjure may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on, through or in connection with any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users.
No False Information. You will not provide inaccurate, misleading or false information to Conjure or to any other user. If information provided to Conjure or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Conjure of such change.
No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Conjure, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Conjure $50 for each such unsolicited communication you send through the Services.
Unique and Bona Fide Profile. As a Registered User, you will create only one unique profile.
No Harassment of Conjure Employees or Agents. You will not harass, annoy, intimidate or threaten any Conjure employees or agents engaged in providing any portion of the Services to you.
You are solely responsible for your interactions with other Users, third party developers or any other parties with whom you interact through the Services. Conjure reserves the right, but has no obligation, to become involved in any way with these disputes.
Registration, Fees and Purchases
The Standard Services are made available to you free of charge. In order to access the Standard Services, you are required to fill out the registration form by providing all required information, and choose a username and password. In order to use the Premium Services, you must register for the Standard Services and pay a subscription fee, or purchase access to individual services as set forth on the applicable pricing page. A subscription or purchase gives you immediate access to the Premium Services, provided that the payment is valid. If you choose to terminate your subscription, you will not be entitled to any refund of fees paid for that subscription period.
Users may purchase a subscription to Premium Services or access to individual Premium Services, which include but are not limited to the ability to download Files or Posts from the Website.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Conjure may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The Service contains content owned or licensed by Conjure ("Conjure Content"). Conjure Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Conjure, Conjure owns and retains all rights in the Conjure Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Conjure Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Conjure Content.
The Conjure name and logo are trademarks of Conjure, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Conjure, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Conjure, and may not be copied, imitated or used, in whole or in part, without prior written permission from Conjure.
Although it is Conjure's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Conjure reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Conjure, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Conjure encourages you to maintain your own backup of your Content. In other words, Conjure is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Conjure will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
It is Conjure's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Conjure does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Conjure is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Conjure may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Conjure reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Conjure by you will be nonrefundable and all outstanding or pending payments will immediately be due.
Disclaimer of Warranty.
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONJURE PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CONJURE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CONJURE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Conjure, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CONJURE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CONJURE. UNDER NO CIRCUMSTANCES WILL CONJURE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Beta Features. From time to time, Conjure may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Conjure's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Limitation of Liability.
Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONJURE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CONJURE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CONJURE'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CONJURE FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
No Liability for non-Conjure Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONJURE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Information Verification. Conjure and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Conjure and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Conjure, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Conjure reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Conjure in asserting any available defenses.
This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. Your agreement with Conjure will always include this Agreement at a minimum. Your access and use of certain Services may require you to accept additional terms and conditions applicable to such certain Services, in addition to this Agreement. The failure of Conjure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have any questions about these Terms, please contact us.