Agreement between user and www.imagewizards.com
Welcome to www.imagewizards.com. The www.imagewizards.com website (the “Site”) is comprised of various web pages operated by Image Wizards, LLC (“Image Wizards”). www.imagewizards.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.imagewizards.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.imagewizards.com is a E-commerce Site
You will upload images to Image Wizards so that we may print your digital image(s) on specialized metal. You agree that you are the owner of this digital image and that you have permission to print this image and that you release and hold harmless Image Wizards its successors and assigns from any and all legal and other liability associated with our printing of your image.
Visiting www.imagewizards.com or sending emails to Image Wizards constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Image Wizards is not responsible for third party access to your account that results from theft or misappropriation of your account. Image Wizards and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Image Wizards does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.imagewizards.com only with permission of a parent or guardian.
You certify that the information you provide on the Site is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Image Wizards immediately. Your account may also be restricted or terminated for any reason, at our sole discretion.
Image Wizards has no liability to you for content on the Site that you find offensive, indecent, or objectionable.
Because we move to production quickly, once your order is received it may not be canceled. If you contact us to cancel and we have not made the print, we may be able to make a change and/or refund but this not a guarantee that we will be able to do so.
Due to the nature of our printing process and the inks we use, we cannot guarantee that your multiple prints of the same image will exactly match. This is especially true for prints ordered over different period of time. No refunds or exchanges are allowed for lack of color or image match.
We have made significant efforts to accurately display the colors of products that appear on the Site. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.
Links to third party sites/Third party services
www.imagewizards.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Image Wizards and Image Wizards is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Image Wizards is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Image Wizards of the site or any association with its operators.
Certain services made available via www.imagewizards.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.imagewizards.com domain, you hereby acknowledge and consent that Image Wizards may share such information and data with any third party with whom Image Wizards has a contractual relationship to provide the requested product, service or functionality on behalf of www.imagewizards.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Image Wizards or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Image Wizards content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Image Wizards and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Image Wizards or our licensors except as expressly authorized by these Terms.
As a condition of your use of the Site, you warrant to Image Wizards that any image, file or data that you upload for us to print is owned by you and you are the lawful owner of this image. You release and hold harmless Image Wizards, its successors and assigns from any and all action by a third party in conjunction with any image you ask us to print that is not lawfully owned by you and that you have permission to reproduce.
Third Party Accounts
You may be able to connect your Image Wizards account to third party accounts. By connecting your Image Wizards account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
The Service is controlled, operated and administered by Image Wizards from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Image Wizards Content accessed through www.imagewizards.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Image Wizards, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Image Wizards reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Image Wizards in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IMAGE WIZARDS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
IMAGE WIZARDS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IMAGE WIZARDS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Image Wizards reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Image Wizards as a result of this agreement or use of the Site. Image Wizards’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Image Wizards’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Image Wizards with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Image Wizards with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Image Wizards with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Order Acceptance and Billing
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Image Wizards may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).
Image Wizards reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will the notify customer should such limits be applied.
Changes to Terms
Image Wizards reserves the right, in its sole discretion, to change the Terms under which www.imagewizards.com is offered. The most current version of the Terms will supersede all previous versions. Image Wizards encourages you to periodically review the Terms to stay informed of our updates.
Image Wizards welcomes your questions or comments regarding the Terms:
Image Wizards, LLC
105 Rogers Rd
Lexington, North Carolina 27292
Effective as of July 01, 2016