EFFECTIVE DATE: April 3, 2017
Hangman Prints and its brands are controlled and operated from Canada. Our Sites are not subject to the laws or jurisdiction of any state, country or territory other than that of Canada. Hangman Prints Inc. does not represent or warrant that any of its Sites, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Hangman Prints do so on their own initiative and at their own risk. The User is solely responsible for complying with all local laws, rules and regulations in the country in which they reside. The User is solely responsible for the copyright, trademark and patent laws in their respective country. We may limit Hangman Prints availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Use of the Sites
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Hangman Prints, and is protected by trade dress, copyright, patents pending and trademark laws, and various other intellectual property rights and unfair competition laws.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Hangman Prints server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Hangman Prints, including any Hangman Prints account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
In order to use our mobile application the Hangman Prints (“App"), you may install a valid version of the App on your mobile device on either iOS or Android, by visiting the APP Store for iOS or Google play for Android and create an account. Input your account information into the App as requested, register for an account; and meet certain hardware and connection requirements. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using the App. We use reasonable efforts to accurately display the attributes of photographs that you order through the App, including the colours of your photos and artwork, however, the actual colour you see is dependent upon your mobile device, and we cannot guarantee that your mobile device will accurately display such colours. You may uninstall the App at any time.
Your Use of our Sites
Subject to and conditioned upon your compliance with these Terms, Hangman Prints Inc. grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Sites, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your User Submitted Materials as defined below), solely as made available by Hangman Prints Inc. 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 the Sites or create derivative works of any portion of the Sites without the written consent of Hangman Prints Inc. While using any of our Sites, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using the Sites, including, without limitation, by means of "hacking" or defacing any portion of the Sites; • Violate any applicable laws or regulations;
- Upload to, transmit through, or display on the Sites (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes Hangman Prints Inc. or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Sites; and
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Sites.
If you fail to comply with the above rules, such failure shall constitute a breach of these Terms, and, in addition to any other rights or remedies Hangman Prints Inc. may have, Hangman Prints Inc. may immediately terminate your access to and use of the Sites and Apps. In addition, there are specific policies applicable to sharing images on Hangman Prints Sites. If you use a Hangman Prints Site or Apps, you agree not to:
- Display adult nudity or inappropriate child nudity.
- Upload photographs of people who have not given permission for their photographs to be uploaded to a site.
- Use the share site for the sale of goods and services.
- Post objectionable material, such as material containing hate or malicious content or offers for adult services, or terrorism or advocacy of violence.
Some features of our Sites and Apps may enable you to send and receive transmissions. You acknowledge that we accept no responsibility or liability for any transmissions and/or content included in such transmissions, sent or received by you. We reserve the right in our sole discretion and at any time to set limits on the number and size of any transmission sent by or received through our sites and apps. In addition we are not obligated to review all orders processed through our sites and apps, we reserve the right to review uploaded material that may be unsuitable for printing and at our discretion cancel or terminate any order submitted.
Hangman prints offers to itʼs customers “worldwide” shipping. Although we do our best to provide a worldwide service, there may be places, cities, countries, islands or territories that we are unable to ship to.
About Intellectual Property
Our Sites and Apps are ©2017Hangman Prints Inc. All rights reserved. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on any of our Sites and Apps should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. All trademarks and service marks on any of our Sites and Apps not owned by us are the property of their respective owners. HANGMAN PRINTS DOES NOT CONDONE, SUPPORT, PROMOTE OR THE LIKE OF UPLOADING, PRODUCING, REPRODUCING OR PRINTING CONTENT THAT VIOLATES SOMEONE ELSES INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND OR TRADEMARK. HANGMAN PRINTS RESERVES THE RIGHT TO GRANT PERMISSION TO OR DENY PERMISSION TO AN OWNER OF A COMPANY AT HANGMAN PRINTS SOLE DISCRETION. THE USER MUST PROVE WITHOUT A REASONABLE DOUBT THAT THEY ARE THE OWNER along with photo identification containing a signature, sole proprietorship, partnership or corporate documents, and or a business licence to support their claim of a company or logo prior to placing an order. A user representing themselves as a company must be approved prior to uploading photos that contain logos, logos on their own or trademarked material to any of the sites or apps prior to placing an order. Should a company or entity place an order prior to providing a formal request the order may be cancelled and the “user” company will be held solely liable should they commit copyright infringement. If you are the owner of a company, trademark, logo or corporation and would like to use the services of Hangman Prints Inc. Please contact firstname.lastname@example.org and submit a request to order. You will be required to sign a waiver as well as provide supporting legal documents such as but not limited to a business licence, corporate documents, trademark registration, and photo id. in order to be approved by our support team. WE RESERVE THE RIGHT TO DENY ANYONE, PERSON OR COMPANY ACCESS TO PRINT ON OUR PRODUCTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER HANGMAN PRINTS NOR ANY OF THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROVISION OF PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND THEREFORE IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF HANGMAN PRINTS ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU.
Disclaimer of Warranties
ALL OF OUR PRODUCTS ARE UNIQUELY CREATED WITH A USERʼS DESIGN, THEREFORE, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
Your Member Account
You may create a member account with any of our Sites by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Sites. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify HANGMAN PRINTS INC. of any unauthorized use of your account on any of our Sites. In order to create a member account with any of our Sites you must represent to Hangman Prints Inc. that you are at least 13 years of age. If you are not at least 13 years old, please do not set up an account with any of our Sites.
User Submitted Materials
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 Hangman Prints and its designees 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 solely in connection with the provision or production of any product or service you request. We use User Submitted Materials only in connection with products or services we provide that you request, and for no other reason. 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. Similarly, if you want to share a photo book with your friends and family, Hangman Prints will accommodate your request by making available your photos to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photos.
- Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through Hangman Prints are not proprietary to you, and such template or layout shall be the sole and exclusive property of Hangman Prints.
- 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 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, or, 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 Hangman Prints a copy of any such consents, releases and/or permissions upon Hangman Prints request). If you do submit a Submission that contains the likeness of an identifiable individual is 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.
- You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any User Submitted Materials (including, without limitation, suspended processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect ourselves or our affiliates, distributors, partners, licensors or other third parties, to comply with legal obligations or governmental requests.
- Please note that some of our Sites have an automated method of reporting User Submitted Materials that they believe to be inappropriate. If we do provide such a method, User Submitted Materials that are reported more than a certain number of times may be automatically removed from our Sites; provided, however, that Hangman Prints has no obligation to remove
- User Submitted Materials in response to user reports or requests. Hangman Prints is not responsible for, and will have no liability for, the removal or non- removal of any User Submitted Materials from our Sites. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
Social media and other services
While using our services, you have the option of granting us access to your account(s) with certain third-party social media and other services, and other photo sources on your phone or computer, each a social networking service ("SNS"). Provided an SNS permits this, we can capture and make available on the Site and through the Apps the photos and other content that you have stored in your account(s) with such SNSs ("SNS Content"). By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the Site and through our Apps. We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Site and through our Apps. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Site and through our Apps. Please note that if an SNS account becomes unavailable or SNS terminates our access to your SNS account(s), any Content from that SNS may no longer be available on the Site and through our Apps. You have the ability to disable the connection between the Site and Apps and your SNS account(s), at any time, by accessing the "Settings" section of the Site and Apps. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
Web Addresses (URLs)
Hangman Prints owns a family of sites “URLs”, you may be redirected at any time from any one of Hangman Prints URLs to another URL in the Hangman Prints family of sites. We may provide you with access to and use of other pages that may be of interest to you within these “sites”. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion to suspend, terminate and/or redirect any such web page or URL. In such cases, we may provide you with another web page and URL within the Hangman Prints family of URLs.
Third-Party Websites, Software and Services
Other web sites may provide links to Hangman Prints with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to Hangman Prints, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred. YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. We shall have the right, at any time and in our sole discretion, to block links to our Sites through technological or other means without prior notice.
We may permit you to share your User Submitted Materials with other users, including but not limited to our user comment functionality, online image share feature and our public gallery, user forums, social media and blogs (collectively, "Forums"). Some Forum participants may use anonymous screen names and may have no other connection with Hangman Prints or any of its brands. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our website or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of Hangman Prints or any of its brands. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Hangman Prints or any of our affiliates, distributors, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through our website. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through our website. We reserve the right to delete, remove, obliterate written or printed material on any Forum or blog at our discretion. Some features of our website enable you to send and receive transmissions. You acknowledge and agree that Hangman Prints has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. Hangman Prints reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our website and/or the amount of storage space available for transmissions or for any feature made available through our website.
Either you or Hangman Prints may terminate your access to our Sites and Apps and to your account 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 Sites and Apps 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. Upon termination, Hangman Prints may delete all information, files and materials related to your account, including 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 Sites and Apps and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account. Should you have an order in processing, and payment has been received your order will continue to be delivered to the destination provided at check out.
©HANGMANPRINTS, INC. All Rights Reserved 2017