Yak Stub Terms & Conditions
Yak Stub wants to provide a beneficial experience for all of our users. Because Yak Stub users are people of all ages and backgrounds, we avoid content that might make many of our users uncomfortable.Yak Stub also defends the right of creative people to receive the proper compensation and benefit from the work they produce. Yak Stub supports and enforces copyrights; we do not use any content that we do not own or have permission to publish. Likewise, we ask that you respect copyright owners and do not attempt to use any content you do not own or have permission to publish. If we discover any intent to print or use copyrighted material in conjunction with our services, we will decline to proceed with your order.
Included below are the terms and conditions for the use of YakStub.com. Please contact us if you have any questions about the statements contained in this agreement.
NOTICE. PLEASE CAREFULLY READ THE FOLLOWING TERMS & CONDITIONS. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT USE THIS WEBSITE. YAK STUB/ROUNDHOUSE DESIGN GROUP, LLC RESERVES THE RIGHT TO CHANGE, MODIFY, OR AMEND THESE TERMS AND CONDITIONS WITHOUT NOTICE.
Contents
1. Agreement
The terms and conditions described below shall be applicable to all visitors (hereafter referred to as "Users" or "you") to YakStub.com (hereafter referred to as "Site"), and constitute a binding, legal agreement (hereafter referred to as "Agreement") between the User and Yak Stub/Roundhouse Design Group, LLC (hereafter referred to as "Yak Stub").
It is your responsibility to carefully read these Terms and Conditions before using this website. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.
By using the Site, you are verifying that you have the authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid, and binding obligation, and that its terms and conditions can be enforced.
2. Content and Restrictions on Use of Content
Graphics, photographs, images, document layouts, artwork, text, or other materials which are featured on the Site or which are uploaded or transmitted to the Site shall be hereafter referred to as "Content"
For all Content uploaded or transmitted to YakStub.com, the owner will retain ownership of the copyrights or other licenses for all components of the Content that are protected by United States and, if applicable, international copyright law.
By uploading or transmitting Content to YakStub.com, you are authorizing Yak Stub to publish your content according to the terms of the order that you place.
By uploading or transmitting your Content on the Site, you grant that Yak Stub may use your Content, excluding any of your Personal Information, for use in marketing materials, including, without limitation, print or electronic advertising, and on the Site itself. You further agree that Yak Stub may make minor modifications to the Content for technical reasons.
By uploading or transmitting Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
Is owned by you, or you have received permission from the owner to provide to Yak Stub and publish the Content for your own use, or the Content is public domain and is not under any claim of ownership by any party.
Does not violate any intellectual property right of any third party, such as copyright, trademark, trade secret, etc.;
Does not contain any Personal Information about any individual other than you;
Does not contain offensive or otherwise objectionable material, including, without limitation, that which is unlawful, obscene, defamatory, pornographic, harassing, threatening, invasive of privacy or publicity rights;
Is not illegal, nor does it encourage or facilitate that which is illegal, nor does it violate any regulation, rule, or policy that is applicable to the User;
Does not include or promote domain names, electronic addresses, or URLs that are not the property of the User, or that have not been authorized by the owner for use on YakStub.com or on any Yak Stub product;
You represent and warrant that your entering into of this Agreement does not conflict with any arrangements or agreements between you and any other party.
Yak Stub reserves the right to refuse publication of any Content that Yak Stub, in its sole discretion, deems in violation of the terms and conditions set forth in this Agreement.
Content viewed on or purchased from the Site may not be resold or otherwise used to produce profit for the User, purchaser, or any other party through any use or display of the Content, unless you are the original copyright owner of the Content.
Sharing, copying, modifying or creating derivative work from any Content viewed on or purchased from the Site is not permissible, with the exception of content that was provided by the User or is public domain.
3. User Safety and Protection
Any information you publish on a Yak Stub product that could be used to identify you, such as your name, personal phone number, e–mail address, physical address, etc., (hereafter referred to as "Personal Information"), may pose a risk to you or your property if acquired by persons who wish to misuse your Personal Information for illegal or unethical conduct.
Minors (individuals under the age of 18) should not include physical addresses (such as street addresses) on any Yak Stub product. This is to hinder those that would intend to stalk, kidnap, or otherwise harm young people. It is the belief of Yak Stub that physical addresses are no longer necessary as a part of modern communication, and therefore strongly recommends that individuals do not include home addresses on Yak Stub products. Yak Stub recommends that the only physical address included on our products should be business addresses.
By including Personal Information in the Content you upload or transmit to YakStub.com, you authorize Yak Stub to publish that Personal Information as part of the product you order. Yak Stub will not be liable for any loss, damage, or personal harm, injury, or mistreatment, or the threat of loss, damage, or personal harm, injury, or mistreatment caused as a result of the User’s inclusion of his or her Personal Information on Yak Stub products, or through the use of YakStub.com.
You may not include Personal Information about other people in your Content.
4. Ethical Standards Return to Contents
By accessing or using the Site, you agree not to use the Site to:Upload or otherwise transmit any Content that is unlawful, or harmful or threatening to any person or group, whether actual or implied;
Interfere with the operation of the Site or to harvest or monitor any kind of information on the Site through the use of technology, devices, programs, or any other means, whether legal or illegal;
Impersonate another person or entity or to forge any e–mail communication or message; and
Transmit or upload any Content that violates the terms described in this Agreement.
In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
Yak Stub reserves the right to reject for publication or remove any Content that we feel is illegal, offensive, or potentially or actually harmful in any way. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site.
5. Privacy
Yak Stub collects Personal Information when you use YakStub.com services and when you visit YakStub.com pages. Your information is used to fulfill your requests for products and services, to conduct research, to contact you, and to improve YakStub.com services. The goal of YakStub.com is to limit access to your Personal Information to only those Yak Stub employees who require access to complete these purposes.
However, Yak Stub will disclose Personal Information under the following circumstances:
In response to legal process such as subpoenas or court order, to establish or exercise the legal rights of Yak Stub, to defend against a legal claim, or as otherwise required by law;
If necessary to investigate or prevent threats to the physical safety of another person, suspected illegal activity, or violations of the terms of this Agreement;
To Yak Stub’s suppliers and subcontractors who work on Yak Stub’s behalf under confidentiality agreements; and
If YakStub.com and/or Roundhouse Design Group, LLC is acquired by or merged with another company.
In cases in which Yak Stub transfers your Personal Information to other parties, we will treat your Personal Information according to the terms of Yak Stub’s Privacy Policy.
YakStub.com may set and access cookies to keep track of your login status. In order to control your computer’s use and handling of cookies, access your browser’s preferences to change cookie preferences.
For a complete description of YakStub.com use and disclosure of your Personal Information, please review Yak Stub’s Privacy Policy.
6. Payment Terms
In order to purchase Content on site, User must possess either a valid credit card, a PayPal account (https://www.paypal.com/), or pay by check via mail or commercial carrier.
7. Refund or Replacement Due to Damage or Errors.
Content will be replaced or (at the discretion of Yak Stub) the purchase price refunded only if it is damaged, misprinted, or contains error as a result of the actions Yak Stub or its suppliers, when it is received by the purchaser. If this is the case, we will gladly provide an equivalent replacement. Please notify us contacting us via email or telephone, and be prepared to provide details regarding the cause for dissatisfaction.
It is the responsibility of the purchaser to inspect the packaging prior to accepting it from the shipper. If the package was damaged in transit, it is the purchaser's responsibility to notify the shipper and Yak Stub in order to receive compensation for the damaged product.
Because the Site provides a publishing tool which is controlled in part by the User, Yak Stub cannot accept responsibility for the quality or accuracy of the Content purchased (including misspelled words, grammatical errors, formatting, design, etc.). The User approves the visual presentation and content of each item and bears responsibility for its accuracy and presentation. Although Yak Stub may notify the User if on occasion we notice apparent errors, we make no warranty or guarantee otherwise.
Due to the nature of digital displays, the internet, and the printing process, the color of the product may differ slightly from the color seen on the Site. Yak Stub makes no warranty or guarantee that the color will be viewed as satisfactory to the purchaser, and cannot accept the return of products being returned for this reason.
8. International Users
Yak Stub makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws.
9. Disclaimers
The Site may become periodically unavailable due to technical, maintenance and other issues. Yak Stub does not warranty or guarantee that the Site will satisfy the User’s expectations in regard to the use of content, usability, efficiency, or compatibility with User’s own equipment. Yak Stub reserves the right to occasionally modify the features, availability, operation and/or appearance of the Site without notice to the Users.
Everything viewed on and sold through the Site is offered by Yak Stub and its third–party licensors and content providers on an "as–is," "as–available" basis, without representation or warranty of any kind, including, without limitation, the implied warranties of merchantability, non–infringement, and fitness for a particular purpose.
It is the express purpose of Yak Stub to ensure that Content provided for use and resale on the Site by third–party Content providers such as artists, designer, authors, etc. be free from any claim by any other entity, and be owned in its entirety by the third–party Content providers. However, Yak Stub disclaims liability in the event that a Content providers has intentionally or unknowingly provided Content that is the rightful property of another entity. Our third–party Content providers have agreed to be liable for any claims against the Content supplied to Yak Stub.
10. Limitations of Liability
Yak Stub shall not be liable for typographic or other errors on the part of the User. Any Content uploaded or transmitted to the Site shall be considered that which is intended by the User, and payment shall not be refunded, unless Yak Stub, in its sole discretion, elects to modify this provision in an agreement with the User or purchaser.
Yak Stub and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control, such as destructive acts of nature or of man. In addition, because computers and related equipment may occasionally malfunction, you agree that you will not hold Yak Stub responsible for any delay in order processing or inadvertent loss or corruption of the User’s Content.
Neither Yak Stub nor its officers, employees, agents, affiliates, suppliers, subcontractors, or third–party content providers shall be held liable for any damages (including, without limitation, punitive, consequential, incidental, indirect, or any other damages) incurred as a direct or indirect result of use of the Site, or any product sold or provided by Yak Stub, or any transaction entered hereunder, whether or not in contract.
You agree that the liability of Yak Stub or its officers, employees, agents, and affiliates arising out of any legal claim shall not exceed the amount of monies paid to Yak Stub and at the time of the transaction between the User and Yak Stub resulting in such claim.
Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
11. Indemnification
If legal action is brought against Yak Stub as the result of any violation on your part of this Agreement, you shall be liable for any damages or costs assessed against or incurred by Yak Stub. You hold harmless and indemnify Yak Stub against all third party claims, suits, actions, losses, costs, direct damages, indirect damages, consequential damages, legal fees, and expenses that Yak Stub may sustain or incur by reason of any breach by you of any representation, warranty, term or condition of this Agreement.
12. Proprietary Rights
Yak Stub is the owner of all intellectual property rights, including all Content, copyrights, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties which is owned by the licensors of such Content. Yak Stub owns the design, copy writing, logo, and layout of the Site, as well as the Content offered for reproduction to the fulfillment of the User’s order. In addition, the names of all Yak Stub products and/or services are original to and the property of Yak Stub.
13. Miscellaneous
This Agreement is binding, and cannot be changed, except in such instances for which the Agreement provides, unless both parties agree to a change and that change is agreed in writing in advance by both parties.
No rights provided by this Agreement are lost or diminished because of lack of use or enforcement of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement does not designate either party as the agent, employee, legal representative, partner, or joint venturer of the other party for any purpose whatsoever.
14. Termination
This Agreement is effective until terminated. Yak Stub may terminate or suspend this Agreement immediately for any reason and without prior notice to you. All provisions of this Agreement relating to payment, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
15. Amendments
Yak Stub may occasionally change the terms in this Agreement. You agree to review the terms of this Agreement with each use of the Site to be made aware of any changes. If you do not agree to be bound by any future changes, you should notify Yak Stub and discontinue your use of the Site. If you use the Site after Yak Stub has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
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