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Acceptance of Terms

Every offer of a Southern Whimsical product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Southern Whimsical has not specifically rejected the customer or any third party terms. Please read these Terms of Use carefully. These Terms of Use govern your access and use of the southernwhimsical.com websites and mobile sites (collectively, the “Site”) as well as the provision and sales of oem. Southern Whimsical reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Southern Whimsical (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Southern Whimsical does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Southern Whimsical. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Southern Whimsical reserves the right, in Southern Whimsical sole discretion, to refuse to accept any content provided by you to Southern Whimsical or to process any order at any time and for any reason. Southern Whimsical also may terminate its service to and/or the accounts of customers found to be using Southern Whimsical to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Southern Whimsical shall have no liability of any kind to you or to any third party arising from such refusal or termination. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Southern Whimsical to produce the Products on your behalf. You grant Southern Whimsical the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Southern Whimsical to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Copyrighted Materials for Terms of Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Southern Whimsical or the copyrighted property of parties from whom Southern Whimsical has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Southern Whimsical reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Southern Whimsical remain the property of Southern Whimsical and its license. The decal design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Southern Whimsical reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Southern Whimsical customers may use the design tools to create logos that have similar or identical combinations of these elements and Southern Whimsical does not guarantee that your logo will not have similarities to logos designed and used by other parties. Southern Whimsical provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Southern Whimsical reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Southern Whimsical customers may use the design tools to create logos that have similar or identical combinations of these elements and Southern Whimsical does not guarantee that your logo will not have similarities to logos designed and used by other parties. Southern Whimsical provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

Transfer of Title

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Disclaimer of Warranty

The site and its content are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchant-ability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. While we make reasonable efforts to accurately display the attributes of products, we do not warrant that product descriptions are accurate, reliable and error-free. References and links to products or services of independent companies may appear on the site. These references and links are provided “as is” without warranty of any kind, either expressed or implied. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Southern Whimsical’s control and may not be covered by the satisfaction guarantee. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer.
Please preview your designs carefully and correct any mistakes prior to placing your order. Southern Whimsical does not proof documents created by its customers prior to processing.

Limitations of Liability

In no event shall Southern Whimsical or its licensors, suppliers, or vendors, or the officers, directors, employees, or agents of any of them, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not Southern Whimsical has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or products or services sold thereon, or of failure to provide products or services that you order from Southern Whimsical or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Southern Whimsical be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of this site or its content or our supplied products or services.

Indemnification

You agree that you shall indemnify and defend Southern Whimsical and all parties from whom Southern Whimsical has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

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