Friendly CreativeTerms of Use

Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

Friendly Creative Studios 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.

Car Door Magnets are subject to additional terms of use found here: Car Door Magnet Terms and Conditions.

Postcard Mailing are subject to additional terms of use found here: Friendly Creative Studios Postcard Mailing Terms of Use.

Friendly Creative Studios Hosting Services are subject to additional terms of use found here: Hosting Services Terms and Conditions

Facebook Ads is subject to additional terms of use found here: Social Media Marketing Terms and Conditions

Friendly Creative Studios Email Marketing is subject to additional terms of use found here: Email Marketing Terms and Conditions

Friendly Creative Studios Local Search is subject to additional terms of use found here: Local Search Profile Terms and Conditions

Friendly Promobox is subject to additional terms of use found here: Promobox Terms and Conditions.

Standard for Electronic Transactions

Friendly Creative Studios is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions.

Title

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as“Content”). This Site and all Content are the copyrighted property of Friendly Creative Studios N.Y., and/or its subsidiaries (referred to herein as “Friendly Creative Studios”) or the copyrighted property of parties from whom Friendly Creative Studios 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. Friendly Creative Studios 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 Friendly Creative Studios remain the property of Friendly Creative Studios and its licensors.

The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Friendly Creative Studios 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 Friendly Creative Studios customers may use the design tools to create logos that have similar or identical combinations of these elements and Friendly Creative Studios does not guarantee that your logo will not have similarities to logos designed and used by other parties. Friendly Creative Studios 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.

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 Friendly Creative Studios (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 Friendly Creative Studios does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Friendly Creative Studios.

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. Friendly Creative Studios may terminate its service to customers found to be using Friendly Creative Studios to engage in undesirable activities.

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 Friendly Creative Studios to produce the Products on your behalf. You grant Friendly Creative Studios the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit Friendly Creative Studios to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.

You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. Friendly Creative Studios reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send.

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.

Transfer of Title

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the 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.

Indemnification

You agree that you shall indemnify and defend Friendly Creative Studios and all parties from whom Friendly Creative Studios 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.

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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR 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.

Friendly’s Satisfaction Guarantee is good for 10 years following your purchase. 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 Friendly´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. Friendly Creative Studios does not proof documents created by its customers prior to processing.