LAST UPDATED: DECEMBER 1, 2015
You may access and use this Website solely for your personal, noncommercial use. Except as expressly authorized hereunder, this Website may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue this Website in whole or in part, at any time in our sole discretion.
You may not attempt to gain unauthorized access to (i) any portion or feature of this Website, (ii) any other systems or networks connected to this Website; (iii) to any MagnetStreet server; or (iv) to any of the services offered on or through this Website by hacking, password "mining" or any other illegitimate means. When you submit information or materials ("User Submitted Materials" as defined below) through this Website, whether or not the User Submitted Materials are part of your order, you represent and warrant that you own or otherwise control all of the rights to the User Submitted Materials, that the content of the User Submitted Materials is accurate, that use of the User Submitted Materials you supply does not violate these Terms and will not cause injury to any person or entity. MagnetStreet has the right, but not the obligation, to monitor and edit any User Submitted Materials you submit and to prevent or prohibit any conduct this it, in its sole discretion, deems objectionable or in violation of these Terms. MagnetStreet takes no responsibility and assumes no liability for any User Submitted Materials provided by you or any third party or for any conduct or activity engaged in by you or any third party.
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use this Website, including any images, text, graphics, sounds, data, links and other materials incorporated into the Website (other than your "User Submitted Materials"), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of this Website or create derivative works of any portion of this Website, without our written consent. While using this Website, you agree not to:
If you fail to comply with the above restrictions, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of the Website.
You agree to indemnify and hold MagnetStreet, its affiliates, including but not limited to any Promotion Sponsor (defined for purposes of this Website as any person or entity who entered into an agreement with MagnetStreet pursuant to which you may receive a personalized magnet, free of charge to you) their respective officers, directors, shareholders, predecessors and successors in interest, employees and agents, ("Indemnified Parties") harmless against any demands, loss, liability, claims or expenses (including attorneys' fees), made against any of the Indemnified Parties by any third party due to, arising out of or in connection with your use of this Website. If MagnetStreet takes any legal action against you as a result of your violation of these Terms, MagnetStreet will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, incurred by MagnetStreet, in addition to any other relief granted to MagnetStreet.
You will be required to provide your name, mailing address, current e-mail address, and certain other information about yourself while using this Website. You agree that you will provide complete, current and accurate information about yourself as requested.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice. Pricing information when applicable, can be found on our Website. We make reasonable efforts to accurately display the attributes of our products, including colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Website at any particular time does not imply or warrant that such products or services will be available at all times.
By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchase passes to you upon our delivery to our carrier. When you place an order, if applicable, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
While using our Website, you may be directed to sites, software or services owned or operated by third parties ("Third Party Sites") including but not limited to, Promotion Sponsors. You acknowledge and agree that MagnetStreet is not responsible or liable for the availability or accuracy of any links to Third Party Sites that MagnetStreet may provide on this Website, and that MagnetStreet (i) does not endorse such Third Party Sites, and (ii) has no control over and is not responsible for (a) the content and operation of such Third Party Sites, or (b) the privacy or other practices of such Third Party Sites. You assume all risk arising from your use of any such Third Party Site and you acknowledge that you are responsible for the costs associated with such Third Party Sites, including any applicable license fees and service charges.
Other sites may provide links to our Website with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
We have the right, at any time and in our sole discretion, to block links to our Website through technological or other means without prior notice.
Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
You will retain ownership of such User Submitted Materials, and you grant us and our designees, including but not limited to any Promotion Sponsor, a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials in connection with the production or provision of any product or service you request, or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Please note that, while you retain ownership of your User Submitted Materials, the rights to any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through our Website will remain with us.
For purposes of clarity and not limitation, you acknowledge and agree that MagnetStreet and our designees, including but not limited to any Promotion Sponsor, may use your User Submitted Materials, including but not limited to the final magnet or other product produced therewith, in any marketing or other promotional material generated in the future, whether such material be in printed or electronic form.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms. If any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.
We are not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials from our Website. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
All content on this Website, including but not limited to text, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, scripts, service names, and the compilation of any content, and the intellectual property rights therein are the sole and exclusive property of MagnetStreet or its content suppliers, protected by United States and international law. All software used on this Website is the exclusive property of MagnetStreet or its software suppliers and protected by United States and international laws. MagnetStreet's trademarks and trade dress may not be used in connection with any product or service that is not MagnetStreet's, or in any manner that is likely to cause confusion among customers, or which disparages or discredits MagnetStreet. Trademarks not owned by MagnetStreet or its affiliates that appear on this Website are the property of their respective owners, who or which may or may not be affiliated with, connected to, or sponsored by MagnetStreet or its affiliates.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MagnetStreet's Copyright Agent the written information specified below. (Please note that this procedure is exclusively for notifying MagnetStreet and its affiliates that you believe your copyrighted material has been infringed.)
MagnetStreet's Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
MagnetStreet Legal Department
285 West Loop Road
Wheaton, IL 60189
phone: (630) 653-5525
fax: (630) 653-5125
This Website is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. MagnetStreet does not warrant that this Website, its servers, or e-mail sent from MagnetStreet are free of viruses or other harmful components. You expressly agree that your use of this Website is at your sole risk.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAGNETSTREET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, COURSE OF DEALING, COURSE OF PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, MagnetStreet disclaims any warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of this Website; (b) regarding the goods, services, advice, information or links provided by any third parties; (c) that this Website will meet your requirements; or (d) that this Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from MagnetStreet, will create any warranty not expressly stated in these Terms.
IN NO EVENT WILL MAGNETSTREET, ITS AFFILIATES, INCLUDING ANY PROMOTION SPONSOR, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS OR SUCCESSORS IN INTEREST, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES INCURRED BY THIRD PARTIES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not be relevant to you, and you might have additional rights.
NOTICE FOR CALIFORNIA USERS
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that these Terms, and all matters relating to your access to or use of this Website, including without limitation all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois without regard to its conflicts of laws provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of DuPage County, Illinois. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. MagnetStreet's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms is invalid, void or otherwise unenforceable, you agree that the remainder of the Terms shall be enforceable. MagnetStreet shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MAGNETSTREET ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Either you or we may terminate your access to our Website at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Website will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Website and/or as a result of the deletion of any information, files or materials in or related to your account.