In these Terms of Service, the term "Financial Institution" means collectively, the financial institution through which you hold your card account and any third parties such financial institution utilizes in delivering the Service (as defined below). "You" and "your" mean any authorized user of the service provided at www.designitphotocard.com (the "Service").
ACCEPTANCE OF TERMS
Please read the Terms of Service carefully before using the Service. By using the Service, you agree to be bound by the Terms of Service. The Financial Institution may change the Terms of Service from time to time in its sole discretion without notice to you. Changes will be effective when a revised version of the Terms of Service is posted on this website. You are responsible for reviewing the Terms of Service from time to time in order to stay informed of any such modifications. By continuing to use the Service following any such modifications, you agree to be bound by such modifications to the Terms of Service. You may not access the Service unless:
- you are an authorized user.
- your account is in good standing.
- you accept and agree to the Terms of Service.
THIRD PARTY WEBSITES
This Service may provide you with links to other websites on the Internet (the "Linked Sites"). The Linked Sites are not under the Financial Institution's control, and the Financial Institution is not responsible for the contents of any Linked Sites, including without limitation, the accuracy, copyright, compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience and do not imply endorsement of the Linked Sites by the Financial Institution or any association with the operators of the Linked Sites.
CHANGES AND TERMINATION
The Financial Institution reserves the right to add, remove, change or terminate access to any content or functions of the Service at any time without notice. In addition, the Financial Institution may terminate your access to the Service any time for any reason. You agree that the Financial Institution shall not be liable to you or to any third party for termination of your access to the Service.
You acknowledge and agree that the materials accessed through the Service are protected by copyright, trademark and other proprietary rights and laws. Except for the use expressly authorized by www.designitphotocard.com, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from the Service for the purpose of creating a collection, compilation, database, or directory without the Financial Institution's written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from the Service does not transfer any right or ownership of such information, content, or images to you, and such information, content or images may be used solely in accordance with these Terms of Service. You may not mirror or archive any part of the material accessed through the Service without the Financial Institution's written permission.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, and logos appearing through the Service are the property of the Financial Institution or the party that provided the trademarks, service marks, and logos to the Financial Institution. The Financial Institution and any party that provided trademarks, service marks, and logos to the Financial Institution retain all rights with respect to any of their respective trademarks, service marks, and logos appearing through the Service.
All content provided through the Service whether provided by the Financial Institution or through links to Linked Sites is the copyrighted work of the Financial Institution and/or the owner(s) of the Linked Sites. Except as stated herein, none of the contents of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of the Financial Institution or the owner(s) of the Linked Sites.
PRODUCTS, SERVICES AND SOFTWARE
Downloading any software with respect to the Service does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
A description of a product, service or publication in the Service (including any description or reference via hyperlink) does not imply endorsement by the Financial Institution of that product, service or publication. Products and software offered through this Service shall only be warranted through an express written license or warranty provided in connection with such product or software.
NO UNLAWFUL OR PROHIBITED USE
You agree not to use the Service for any purpose that is unlawful or prohibited by the Terms of Service. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service. You may not seek by any means to obtain any materials or information through the Services not intentionally made available to you through the Service.
USER'S LIMITED ACCESS
You agree that you will not:
- Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
- Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another's computer.
- Improperly assume or claim the identity, characteristics, or qualifications of another person.
- Use the Service for commercial purposes.
- Harvest or otherwise collect information about others, including, without limitation, email addresses, without their consent.
- Attempt to gain access to any portion of the Financial Institution's website, any computer, server, account, network, software, or hardware associated with the Financial Institution's website, from which you are restricted.
- Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way that affects the ability of other people to utilize the Service.
- Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
NO REPRESENTATIONS OR WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION, PRODUCTS, OR SERVICES APPEARING THROUGH THE SERVICE ARE PROVIDED "AS IS," AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FREEDOM FROM COMPUTER VIRUS.
THE FINANCIAL INSTITUTION MAKES NO REPRESENTATION AS TO THE SUITABILITY, RELIABILITY, ACCURACY, ADEQUACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED WITH RESPECT TO THE SERVICE AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS.
The Service may contain technical inaccuracies, outdated information and typographical errors.
LIMITATION OF LIABILITY
In no event will the Financial Institution, its directors, officers, employees, agents or affiliates be liable for any direct, indirect, special, incidental, consequential, punitive or any other damages, losses or expenses arising in connection with the Service or the inability to use the Service, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, deterioration or corruption of files, deletion or corruption of e-mail, work delays, loss of data, loss of profits. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or otherwise, even if the Financial Institution, its agents or its affiliates are advised of the possibility of such damages, losses or expenses. Further, the Financial Institution shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use or reliance on any goods, services or content provided through Linked Sites or other resources. If you are dissatisfied with any portion of the Service, your sole remedy is to cease using it.
You agree to defend, indemnify and hold the Financial Institution, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, demands, damages, and expenses including reasonable attorneys’ fees and costs, made by any party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your infringement of the intellectual property rights of third parties.
All information submitted to the Financial Institution through the Service shall be deemed and remain the property of the Financial Institution and the Financial Institution shall be free to use such information for any lawful purpose. Although the Financial Institution is taking reasonable and appropriate measures to ensure that any personal information you disclose is protected, you acknowledge that the Internet is an open system and the Financial Institution does not guarantee that any personal information you submit will not be intercepted and misused by others.
You will use your 16-digit card account number and 5-digit billing zip code to authenticate your account each time you use the Service. You agree to keep your card account number and zip code in confidence, to refrain from disclosing your card account number and zip code to any third party, and to refrain from recording or displaying your card account number and zip code in such a manner that such items will be accessible by third parties. You agree that use of your card account number and zip code by you or by anyone you permit or authorize shall be deemed an authorized use for which you will be responsible. You agree to notify the Financial Institution or its designee immediately in the event of any unauthorized use of your card account number and zip code or any other breach of the security of your account or the Service.
You agree to provide true, accurate, current and complete information through this Service. If you provide to the Financial Institution any information that is false, inaccurate, out of date, or incomplete, or the Financial Institution has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, the Financial Institution may suspend or terminate your access to this Service, and may refuse any and all current or future use of the Service.
You are prohibited from using the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., cracking tools, network probing tools, etc.) is strictly prohibited. If you become involved in any violation of system security, the Financial Institution reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. The Financial Institution reserves the right to investigate suspected violations of these Terms of Service.
The Terms of Service and the relationship between you and the Financial Institution shall be governed by the laws of the state of Delaware without regard to conflict of law principles. You acquiesce and submit to the personal and exclusive jurisdiction of the applicable courts of Delaware.
The failure of the Financial Institution to exercise or enforce any rights or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of these Terms of Service must be in writing and signed by an authorized representative of the Financial Institution. If any provision of the Terms of Service is found by a court of competent jurisdiction to be unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all other provisions of the Terms of Service shall remain in full force and effect.
You agree that, notwithstanding any law to the contrary, any claim or cause of action arising out of or related to your use of the Service or to these Terms of Service must be filed within one (1) year after such claim or cause of action arises.
The Financial Institution may assign this agreement, in whole or in part, at any time. These Terms of Service, the Privacy Policies referenced above, and any other agreement you agree to with the Financial Institution in the process of using the Service constitute the entire agreement between the Financial Institution and you with respect to the Service, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between the Financial Institution and you with respect to the Service.
Nothing contained in these Terms of Service is in derogation of the Financial Institution's right to comply with governmental, court and law enforcement requests relating to your use of the Service, or information collected by the Financial Institution in connection with such use.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. The Financial Institution reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights the Financial Institution may have.
The parties agree that a printed version of the Terms of Service and of any other communications given in electronic form by the parties shall be admissible in any court or other proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Digital Millennium Copyright Act Notices
It is the policy of Vantiv LLC (“Vantiv”) to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for Vantiv or where (ii) Vantiv, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a site that contains the copyrighted material.
If you are alleging that copyrighted material may have been or is being infringed, then you may notify Vantiv, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vantiv to locate the material;
- Information reasonably sufficient to permit Vantiv to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If material that you have posted to a system or network controlled or operated by or for Vantiv has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A Statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the Southern District of Ohio or, if your address is outside of the United States, also for the Federal District Court for the Southern District of Ohio, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c) (1) (C) or an agent of such person.
DESIGNATED AGENT FOR ALL NOTICES, INCLUDING COUNTER NOTICES
All written notices should be sent to the following Designated Agent:
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