Welcome to Kueez.com. We are pleased to provide to you its sites, software, applications, content, products and services (“site Services”).This Terms of usage (“TOU”) contain the terms and conditions that govern your use of the Website and the site Service (as defined below). This TOU describes your rights and responsibilities and what you can expect from the site Service and is in addition to any Content Owner Agreement you may have entered into with us. Use of operator Website constitutes your acceptance of and agreement to this TOU.
the operator reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOU, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOU, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the site Service. Your continued use of the site service following posting of a change notice or new TOU on the Website will constitute binding acceptance of the changes.
1. The site Service.
the operator provides Internet-based services through the Website (all such services, collectively, the “site service”). One such service enables users to create customized products, including without limitation, apparel, drinkware, home accents, prints, stickers, buttons, magnets, stationary and accessories (collectively, “Products”). website users may create and purchase individual Products for their own use or sell Products through the site Service.
operator may offer several other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
2. Use of the site Service.
2.1 Eligibility. Site service will only knowingly provide site service to parties that can lawfully enter and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the site Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOU. The site Service is not intended for children under the age of 13.
2.2 Compliance with TOU and Applicable Law. You must comply with all of the terms and conditions of this TOU, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the site Service and the Website.
2.3 Your License to Use the Web Site and the site Service.
operator and third party on behalf of the operator solely and exclusively owns all intellectual property and other rights, title and interest in the Website and/or site service, except as expressly provided for in these TOU. You will not acquire any right, title or interest therein under this TOU or otherwise to any intellectual property owned by site service.
(b) the operator grants you a limited revocable license to access and use the Website and the site service for its intended purposes, subject to your compliance with this TOU. This license does not include the right to collect or use information contained on the Website for purposes prohibited by the opertaor; to compete with website and/or site service; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOU, the operator and /or third party on behalf of the operator may revoke the license granted to you.(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.3.
3. General Rules.
3.1 Prohibited Use. You may only use the site Service as expressly permitted. You may not cause harm to the Website or the site service. Specifically, but not by way of limitation, you may not: (I) interfere with the site Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site Service; (iii) interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the site Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the site Service; (vi) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain site name or trademarks; (viii) engage in any activity that interferes with another user’s ability to use or enjoy the site Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by this TOU.
3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with site service ‘Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
4. Create and Buy General Rules and License.
4. Description. As part of the site Service, operator offers a service (the “Create & Buy Service”) that allows you to upload direct by user or indirect by operator via user social network account images, video, audio, data, and other content (collectively, “Content”) to the Website to create, produce and purchase Products featuring the uploaded Content for your own use. You grant the operator full permission to collect the images from your social network vendor account in order to sell it to you and only you as products.
4.2 Delivery of Content. You will upload or deliver to the website site all Content that you want to use with the Create & Buy Service in accordance with the applicable instructions on the Website. operator may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Create & Buy Service. You are subject to all the same rights, responsibilities and restrictions with respect to any Content as are found in Section 3, 4, and 5 of the Content Owner Agreement, which is hereby incorporated by reference in this TOU.
4.3 Licensing Your Content to the operator- You will retain ownership of the Content that you upload to the Website. You hereby grant to operator and third party on behalf of the operator a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as operator and third party on behalf of the operator deems necessary to enable you to use the Create & Buy Service to create, produce and purchase Products. The operator may sublicense the rights that you grant it in this Section to a third-party subcontractor only for purposes of providing the site Service, processing your order, and producing and shipping your Products.
5. Reservation of Rights.
5.1 Monitoring. operator reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If operator determines, in its sole and absolute discretion, that you or another site service user will breach a term or condition of this TOU or that such transaction or communication is inappropriate, the operator may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2 Modification of the Service. operator reserves the right to modify the organization, structure or “look and feel” of the site Service or the Website, and may change, suspend, or discontinue any aspect of the site Service at any time without any liability to you or any third party. operator shall have complete discretion over the features, functions, prices and other terms and conditions on which the site Service is offered to website users.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant operator and third party on behalf of the operator permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that operator and third party on behalf of the operator will have no obligation to keep any Submissions confidential. You will not bring a claim against operator and third party on behalf of the operator based on “moral rights” or the likes arising from use of a Submission. This Section does not apply to your Content that you use in connection with the Create & Buy Service or COS.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to operator and operator represents and warrants to you: (I) that you or it has the full power and authority to enter into and perform under this TOU, (ii) the execution and performance of your or its obligations under this TOU does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOU is a legal, valid and binding obligation of the party entering into this TOU, enforceable in accordance with its terms and conditions.
7.2 By You. You represent and warrant to operator that, in your use of the site Service, you: (I) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will not violate any applicable laws, rules, and regulations, including, without limitation, by exploiting images or the likeness of minors. You further represent and warrant to site service that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) operator and third party on behalf of the operator will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that incurs in providing the site Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. OPERATOR AND THIRD PARTY ON BEHALF OF THE OPERATOR PROVIDES THE WEBSITE AND SITE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPERATOR AND THIRD PARTY ON BEHALF OF THE OPERATOR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SITE SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. OPERATOR AND THIRD PARTY ON BEHALF OF THE OPERATOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOU, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
9. Limitation of Liability.
LIMITATION OF LIABILITY. OPERATOR AND THIRD PARTY ON BEHALF OF THE OPERATOR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE SERVICE OR THIS TOU, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS TOU OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOU, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOU EXCEED THE GREATER OF (i) THE AMOUNT PAID BY OPERATOR AND THIRD PARTY ON BEHALF OF THE OPERATOR TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
You hereby indemnify and hold operator and third party on behalf of the operator and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of this TOU through any act or omission, including without limitation monetary damages incurred by operator and third party on behalf of the operator due to any breach of this Agreement or violation of any policy. If you have to indemnify operator and third party on behalf of the operator under this Section, operator and third party on behalf of the operator will have the right to control the defense, settlement, and resolution of any Claim solely as against you and at your sole expense. However, you may not settle or otherwise resolve any Claim without operator ‘express written permission.
All notices required or permitted to be given under these TOU will be in writing and delivered to the other party by any of the following methods: (i) mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to operator, you must use the following addresses: [email protected]
If operator and third party on behalf of the operator provides notice to you, operator and third party on behalf of the operator will use the contact information provided by you to operator. All notices will be deemed received as follows: (i) if by delivery by mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
12. Dispute Resolution.
All disputes arising out of, relating to or connected with these TOU or your use of any part of the site Service will be exclusively resolved under confidential binding arbitration held in Tel Aviv, Israel. ALL DISPUTES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ISRAEL.
13.1 Termination. In its sole discretion, with or without notice to you, operator and third party on behalf of the operator may: (i) suspend, limit your access to or terminate your use of the Website and/or the site Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from servers and directories and (iv) prohibit you from using the site Service and/or the Website.
13.2 Survival. Notwithstanding Section 11.1 above, this TOU will survive indefinitely unless and until operator and/or third party on behalf of the operator chooses to terminate this TOU.
13.3 Effect of Termination. If you or operator and third party on behalf of the operator terminates your use of the Website or the site Service, operator and third party on behalf of the operator may delete any Content or other materials relating to your use of the site Service on ‘servers or otherwise in its possession and operator and third party on behalf of the operator will have no liability to you or any third party for doing so.