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Terms and Conditions

Welcome to Creations by You!

We hope you enjoy your visit and find that using our Photo Book service is easy and fun.

We trust that you will have an enjoyable time creating your own products using the tools on the Creations by You site.  When you enter and use the site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Creations by You that you will use the Site only in a manner consistent with these Terms. If you have questions about these Terms, please contact Support. Your use of the site and its services (together, the “Service”) is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.

Your Submissions:
Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:
            •  Any threatening, racist, defamatory or other material prohibited by law, that may give rise to possible civil or criminal liability under applicable law of your country or state and the Province of British Columbia, Canada.
            •  Any material that could infringe on the rights of publicity, privacy or copyrights without the approval and consent of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;
            •  Any material sent from a fake or unknown address.

While Creations by You does not and cannot review all submissions, and is not responsible for their content, Creations by You reserves the right to move, or delete submissions that it, in its sole discretion, deems offensive, defamatory, libelous, obscene or in violation of trademark or copyright laws or otherwise unacceptable.

The electronic or physical sharing of your images and materials constitutes permission for reprinting by the recipient. Creations by You will not be liable or legally responsible for the content of any submission.

Legal Age Requirements:
You must be at least 18 (eighteen) years of age to use our service. If you or your parent or guardian has any concerns, please contact us.

Satisfaction Guarantee Policy:
We anticipate that you will be fully satisfied with the quality of our product, but it that is not the case or if there is an error of any kind in the fulfillment of your order or a manufacturing defect, we will do everything we can to solve the problem. Our goal is to make you a satisfied, long term customer!
(We cannot take responsibility for typos, design errors or poor quality images)

Whatever the case, please contact us.  If we are not able to satisfy your expectations for the quality of our workmanship, we will refund your payment upon receipt of your product’s return shipment.

Copyrighted Software and Material:
All software, materials, information and content offered by Creations by You are protected by copyright and other applicable laws. You may not distribute or copy such material without the written permission of the copyright owner.

Indemnification:
As a Creations by You customer, you agree to defend, indemnify and hold harmless Creations by You, our officers, directors, employees, licensors, agents, suppliers and any third-party information providers to the Service from and against all damages, losses, expenses and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service or any activity or event related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

Export:
You are responsible for compliance with all city, state and local laws, and you are required to comply with Canadian export laws and regulations when you use or export any materials, software or images provided through the Service.
Disclaimer of Warranties:
You agree that your use of the Creations by You website shall be at your sole risk. To the fullest extent permitted by law, Creations by You, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Creations by You makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Creations by You website. Creations by You does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Creations by You website or any hyperlinked website or featured in any banner or other advertising, and Creations by You will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability:
In no event shall Creations by You, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan Horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Creations by You website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Creations by You shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Miscellaneous:
Creations by You at any time may assign our responsibilities and rights hereunder without notice to you. All items, materials or Services purchased through Creations by You are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier. When you place an order, Creations by You charges your credit card and bills you accordingly. Creations by You reserves the right to ship and deliver partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment. If any part of this Agreement is held to be invalid or unenforceable, then the invalid and/or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. These Terms constitute the entire agreement between you and Creations by You with respect to this Service and supersede all other communications, written or oral, with regard to the Service.

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