MY BROCHURE MAKER TERMS AND CONDITIONS
, constitutes the entire agreement between you and Beyond72 regarding your use of the Site. You may also be subject to additional terms and conditions when you use affiliate or other Beyond72 websites, services, third-party content, or third-party software as may be available through the Site and specific terms may also apply to your purchase orders.
For purposes of this Agreement, “you” shall mean either (1) the individual listed as the registrant of the Beyond72 account through which this Agreement and the license(s) granted hereunder are entered (“Registrant”), or (2) if Registrant is entering into this Agreement and the license(s) granted hereunder for the benefit of, and/or as an agent on behalf of, Registrant’s employer, then such employer. If Registrant is entering into this Agreement and the license(s) granted hereunder for the benefit of, and/or as an agent on behalf of an employer, then Registrant (1) represents and warrants that such employer has authorized Registrant to enter into this Agreement, that the licenses granted hereunder are on that employer’s behalf, that such employer has agreed to be bound hereby and that Registrant has actual and express authority to act on behalf of and bind such employer to the terms of this Agreement; (2) the services available through the Site (“Services”) are solely for the benefit of employer, and Registrant will not use the Services for the benefit of any other person or entity without entering into a separate Agreement with Beyond72, and (3) Registrant shall comply with all of the terms hereof and shall be jointly and severally liable for any breach of the terms of this Agreement by employer.
or other terms and conditions posted on the Site, this Agreement will control. If you are unsure of your rights under this Agreement, please contact us by e-mail at email@example.com
Beyond72 reserves the right to amend this Agreement from time to time without notice to you, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page. We ask that you review this Agreement regularly. Your continued use of the Services after posting of amended terms shall be deemed acceptance of such amended terms.
In order for you to use and/or have access to some of our products and services on the Site, you may be required to provide us with certain information. To do so, you may choose to set up an account with us. You agree and represent that all registration and billing information provided by you is accurate and up-to-date. If any of your registration information changes, you must update it by visiting the “Account” area on the Site or by contacting us at firstname.lastname@example.org. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Services.
Individual accounts containing your individual project history will be password-protected and you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You may not transfer or resell your username and password to any third party. You will be responsible for all activities that occur under your password. You must notify Beyond72 immediately of any unauthorized use of your password or if you believe your password is no longer secure. To make purchases on the Site, you must be 18 years or older. If you are under 18, you may use mybrochuremaker.com only with the involvement of a parent or guardian. Beyond72 and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
LICENSES AND SITE ACCESS
Subject to purchase order terms and fees set forth in your Electronic Receipt, as applicable, Beyond72 hereby grants you a limited license to copy and use the materials, artwork, features, products and Services provided on the Site solely for your Internal Use, and for no other purposes, including, but not limited to, further resale, sublicensing or distribution, subject to this Agreement. “Internal Use” shall mean use of the Site and Services only in the course of your customary and ordinary internal business or personal use. “Customary and ordinary internal business use” shall mean use by you, your employees, or your authorized agents for your customary and ordinary internal business. “Customary and ordinary personal use” shall mean use by you or a member of your household for internal personal purposes. All such employees, agents and household members shall be notified by you as to the terms of this Agreement and shall agree to be bound by them. The rights granted under this paragraph shall include the right to make the Services available to one user. You must obtain an additional subscription and pay Beyond72 the applicable fees in order to make the Services available to additional users. Any downloaded material is supplied by way of loan to you and no property, title, right or copyright in it shall pass to you. Copyright in downloaded material shall remain vested in Beyond72, and, except as otherwise specifically authorized in this Agreement, no downloaded material may be reproduced or transmitted electronically or otherwise without Beyond72’s prior written consent. All rights not expressly granted herein are reserved by Beyond72. This license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Beyond72. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Beyond72 and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Beyond72's name or trademarks without the prior written consent of Beyond72. Any unauthorized use terminates the permission or license granted by Beyond72.
You acknowledge and agree that the Site contains, as a component of the Services, font software which generates font designs (“Font Software”). You may not alter Font Software which is a component of the Services for the purpose of adding functionality which such Font Software did not have when presented to you as part of the Services. You may not extract the Font Software from the Services or from the Beyond72 server. You may electronically distribute a document created by you in the scope of your Internal Use which contains Font Software in a static graphic image or in a format that permits embedding of Font Software solely for the viewing and printing (and not the editing, altering, enhancing, or modifying) of such document. You may not embed Font Software into a document, which is distributed as a commercial product in exchange for a fee or other consideration.
Beyond72 reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Site (or any part thereof) and the services and products it offers at any time with or without notice. To the extent any Service is the subject of an existing order set forth in an Electronic Receipt such order shall remain in force in accordance with its terms; provided that, to the extent Beyond72 shall decide to cancel any such order, a refund shall be provided to you in connection with any Services not already rendered. Beyond72 will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Beyond72 claims no ownership rights in the information, data, text, software, music, sound, photographs, graphics, video, messages, images, or other materials (collectively “Content”) that you upload, post, or transmit via the Site or place on your mybrochuremaker.com brochures or other products, as applicable. You represent, warrant and covenant that you own or otherwise possess all necessary rights with respect to the Content you upload, post, or transmit via the Site or place on your mybrochuremaker.com brochures or other products, and that the Content submitted by you does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party. By submitting Content to Beyond72 for inclusion on the Site or any of its other sites, you grant Beyond72 a perpetual, universal, royalty-free, non-exclusive license to use, copy, distribute, modify, adapt, transmit and publish the Content solely for the purpose of promoting the Site and Beyond72’s and its affiliates services by displaying, distributing, storing and promoting your content on the Site or its affiliated sites or fulfilling orders placed by you.
MEMBER CONDUCT AND OBLIGATIONS
You may store, display and publish materials in the passworded personal web pages area you can create on the Site. You are solely responsible and liable for all Content whether publicly posted or privately transmitted, that you upload, post, or transmit via the Site. By posting Content on the Site, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such Content. In addition, the Site may include discussion forums or other interactive areas, including blogs, chat rooms or bulletin boards, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. As a provider of Interactive Areas, Beyond72 is not liable for any statements, representations, or content provided by its users in any Interactive Area.
In using the Site and any Interactive Areas, you will not, whether intentionally or unintentionally, upload, post, transmit, distribute, store, create or otherwise publish through the Site, or use the Site to create mybrochuremaker.com brochures incorporating, any of the following content (collectively “Prohibited Content”):
(1) Any Content, regardless of whether such Content actually violates applicable statutes or other laws, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially or ethnically offensive, pornographic, harmful to minors, indecent, lewd, suggestive, fraudulent, that explicitly or implicitly depicts sexual acts or conduct, whether involving minors or adults, or contains sexually-oriented material that, in the specific context, is offensive or otherwise inappropriate or that is otherwise objectionable;
(2) Any Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(3) Any Content to which you do not have the requisite rights or that may infringe any patent, trademark, trade secret, copyright or other intellectual property, proprietary or contract right of any third party;
(4) Any Content that impersonates any person or entity, including a Beyond72 official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(5) Any Content that constitutes unsolicited or unauthorized advertising, promotional material, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(6) Any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, limit the functionality of, or otherwise adversely affect any computer software or hardware or any telecommunications equipment; or
(7) Any Content that has been sent from an anonymous or false address.
Beyond72 will have, in its sole discretion, the right (but not the obligation) to review, screen, refuse, delete, move, edit, remove, or discard any Prohibited Content and any other Content that Beyond72 deems in violation of this Agreement or otherwise objectionable and/or illegal. Beyond72 also reserves the right to revoke membership rights of any individual, in its sole discretion, it deems to be in violation of this Agreement. You will evaluate, and bear all risks and liabilities associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that you will not violate any applicable local, state, national, or international civil or criminal law or promote or provide instructional information about illegal activities, promote harm or injury against any group or individual, or promote any act of cruelty, whether to animals or otherwise in connection with your use of the Site. It is our policy to cooperate fully with law enforcement officials in any investigations.
You agree that you will not engage in commercial activities on, for or about the Site, including but not limited to, (1) offering for sale any products or services; (2) soliciting for advertisers or sponsors; (3) conducting raffles or contests; (4) displaying sponsorship banners, including those that are generated by banner or link exchange services; or (5) displaying banners for services that provide prizes or other incentives to users in exchange for hyperlinks to their web sites. You agree that you will not interfere with or disrupt the Site, or the servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
You agree to abide by all practices, storage limits, and other restrictions concerning the Site that Beyond72 may establish.
TERMS OF SALES
You are entitled to download to print, store and use brochure templates from the Site for a period of time up to the time specified in your Electronic Receipt, except for those templates then labeled as “free” on the Site for so long as such templates continue to be made available for free. Any order you place through the Site is also subject to the terms contained in your Electronic Receipt. Beyond72 and its affiliates attempt to be as accurate and reliable as possible. However, Beyond72 does not warrant that materials downloaded or products purchased from the Site will be accurate, complete, reliable, current, error-free or delivered at a particular time unless expressly set forth otherwise in your Electronic Receipt. Unless otherwise stated, downloaded material is licensed on a non-transferable, one-time, non-exclusive basis and use is strictly limited to that which is stated in the Electronic Receipt. You may not hold a downloaded brochure template on any image storage system or within any network configuration or arrangement. When the license period as set out in the Electronic Receipt expires, you must stop downloading brochure templates to print, except for those brochure templates then labeled as “free” on the Site for so long as such brochure templates continue to be made available for free. You may not assign any of the rights granted by Beyond72 and this Agreement; transfer or loan any brochure templates to any third party for any purpose whatsoever, except as specifically authorized under the Electronic Receipt; or store any downloaded brochure template for a period longer than the period set forth in your Electronic Receipt, without Beyond72’s prior written consent.
All terms applicable to your order regarding production turnaround times and delivery of your order shall be as set forth in your Electronic Receipt or as otherwise set forth in the Shipping Information area of the Site or in connection with the product or service description applicable to your order on the Site.
Also see below our REFUND AND RETURN POLICY.
FEES AND PAYMENT
By downloading materials from the Site and/or ordering through the Site, you agree to pay all charges to your account in accordance with the selected service and the billing terms in effect at the time payment is due, regardless of whether or not you actually use the downloaded or ordered materials. Beyond72 reserves the right to modify or add additional fees or billing terms.
In addition to any other sum as may be payable to Beyond72 under this Agreement, you shall pay to Beyond72: (1) the fees stated in the Electronic Receipt for the reproduction and distribution of the brochure template downloaded to print or other order you make through the Site. IF YOU ARE UNSURE AS TO THE RIGHTS YOU ACQUIRE OR THE LICENSE FEE TO BE APPLIED, YOU MUST CONTACT Beyond72 BEFORE DOWNLOADING THE IMAGE TO PRINT; (2) any and all applicable sales taxes or with-holding taxes. If you fail to pay any amount due to Beyond72 within 30 days of receiving the Electronic Receipt, Beyond72 shall be entitled, at its sole discretion, and among other available remedies, to terminate this Agreement, and/or charge interest at such rate as we shall reasonably determine to apply to the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted by law.
For your convenience and to ensure that your access to the Site remains uninterrupted, we will attempt to contact you to remind you to renew your subscription(s) at the expiration of the then-current term. Beyond72 reserves the right to increase the price of a new or renewal subscription(s) without notice to you.
At its sole discretion, Beyond72 reserves the right at any time to offer products and subscriptions and other products and services on the Site at a discount or to provide premiums and promotions as a subscription incentive. All fees and charges shall be charged to the credit card provided as part of the registration process and you agree to pay such charges. You shall also pay any applicable taxes relating to use of products and services through your account.
The Site is not an archival site. Photo libraries and individual projects such as brochures will remain accessible for 6 months from the date of your last purchase. A purchase of any product or service on the Site will serve as the last purchase date for all of your saved projects and photo libraries on the Site. If you do not purchase any products for more than 6 months, we may delete brochure templates stored in your account. However, Beyond72 is not liable for any photo libraries or individual projects that are deleted less than 6 months from the date of your last purchase, including in cases of Beyond72’s negligence.
Your account and the information pertaining to your account will remain active for 6 months from your last activity through the Site. “Activity” may include, but is not limited to, a purchase, downloading of brochure templates to print from the Site or uploading photos to your photo library or creating individual projects or products.
Beyond72 reserves the right to change its storage policy at any time without individual notice.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE SITE ALLOWS USERS TO CREATE BROCHURES WITH DESIGN TEMPLATES, UPLOAD IMAGES AND DISTRIBUTE THEM VIA PRINTED MATERIAL. Beyond72 DOES NOT (1) CONTROL ANY CONTENT (AS DEFINED UNDER “LICENSES AND SITE ACCESS” POSTED VIA THE SITE), OR (2) GUARANTEE THE ACCURACY, INTEGRITY AND PRIVACY OR QUALITY OF SUCH CONTENT. AS SUCH, THE PRIVACY OF SUCH UPLOADED AND DISTRIBUTED IMAGES CANNOT BE GUARANTEED. ALL REASONABLY AVAILABLE PRECAUTIONS ARE TAKEN TO PREVENT GRATUITOUS DISCLOSURE OF UPLOADED IMAGES NOT MADE IN CONNECTION WITH OUR LICENSE RIGHTS SET FORTH UNDER “LICENSES AND SITE ACCESS” IN THIS AGREEMENT. HOWEVER, ALL CONTENT IS UPLOADED AT YOUR OWN RISK. Beyond72 IS NOT LIABLE FOR ANY CONTENT THAT IS STOLEN, COPIED, ALTERED, MODIFIED, DISTRIBUTED, DELETED, OR MOVED.
THE SITE, INCLUDING ALL SERVICES PROVIDED HEREBY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Beyond72 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Beyond72 MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND FOR LOSS OR DAMAGE TO ANY DATA OR UPLOADED CONTENT THAT RESULTS FROM ANY USE OF THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY UPLOADED CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Beyond72, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Beyond72 IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA (EVEN IF Beyond72 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING IN ANY MANNER FROM THE SITE, INCLUDING: (1) THE USE, OR THE INABILITY TO USE, THE SITE; (2) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; OR, (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY. 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 APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN THE EVENT THAT, DESPITE THE ABOVE LIMITATIONS, Beyond72 IS FOUND LIABLE TO A MEMBER FOR ANY REASON, SUCH LIABILITY WILL NOT EXCEED $100.
You are solely liable and responsible for any claim or demand made by a third party due to or arising out of your Content, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights, including intellectual property rights, of anyone. You agree to indemnify and hold Beyond72, its affiliates, officers, directors, employees, contractors, subsidiaries, licensors and licensees harmless from and against any and all claims and expenses, including attorney’s fees, made by any third party due to or arising from (1) your use of the Site; (2) your breach of any terms, conditions, or restrictions of this Agreement (including any restrictions identified in an Electronic Receipt); (3) actual or alleged infringement of any patent, copyright, or other intellectual property right (including, but not limited to, misappropriation of trade secrets) arising out of your Content or any brochure created by you through use of the Site and Services; and (4) any act or failure to act by you or any of your employees, contractors, agents or users.
REFUND AND RETURN POLICY
Professionally printed products purchased from mybrochuremaker.com are printed as they are ordered. Because of the highly automated nature and production expense of "print on demand" manufacturing, Beyond72 cannot revise or cancel orders, accept returns or provide refunds on these products.
Subscription purchases may be cancelled through the "account" area on the web site, but they are not refundable. Once your subscription has been processed, your access to all brochure templates and tools has been made available and you may print as much or as little as you would like during the time period delineated in the Electronic Receipt. You may choose to print everything you want for the whole year all at one time, or spread out the printing over the entire purchased period. We assume you have printed out all you desire or will need for the period if you cancel the service prior to its expiration and therefore there is no refund available to you at that time.
Note that because mybrochuremaker.com allows the customer to upload their own images to populate the brochure templates, Beyond72 cannot accept responsibility for the quality of the created content (including photo quality, misspelled words, grammatical errors, etc.), formatting or overall appearance. You approve the visual presentation and content of each item. Our staff does not monitor or check individual content prior to publication through our website. For this reason, we recommend you carefully check your order for accuracy before confirming your purchase of products.
If you receive a professionally printed brochure order that is damaged and unuseable (torn, etc.), we will be happy to provide a replacement order. Notify us by email at email@example.com.
MEMBERSHIP TERM AND RENEWAL: MyBrochureMaker's paid subscriptions are all recurring. The membership recurrence is selected by the user upon registration, committing that user to an automatically renewing subscription based on the selected recurrence. Members are financially responsible for all associated monthly fees until canceling their subscription. We do not honor cancellations over the phone or via email. All cancellations of paid subscriptions must take place through the cancellation section of the user's account area.
Beyond72 agrees to terminate your account at any time upon notice from you by email at firstname.lastname@example.org.
Beyond72 may, in its sole discretion, terminate your use of or access to the Site, or your use of or access to any other Beyond72 service, for any breach of this Agreement. Beyond72 may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. Upon any such termination, Beyond72 may immediately deactivate or delete your membership and all related information, passwords, and files, and may bar any further access to such files or to the Site, including all Font Software. Beyond72 is not liable to you or to any third party for any such termination.
Upon termination of your account, Beyond72 agrees to delete your account information. Please remove all uploaded Content from your account within 5 days from notice of termination. Beyond72 assumes no liability for any lost or deleted content. You will not receive a refund for any fees previously charged to or remaining on your account. In the event Beyond72 must collect unpaid fees owed to your account, you will be liable for all attorneys’ and collection agency fees.
Beyond72 respects the intellectual property rights of others and expects you to do the same. All content included on the Site, such as photographs, artwork, icons, images, logos, graphics, text, audio clips, video clips, data compilations and software, is the property of Beyond72, or its members who upload content, or Beyond72’s suppliers and is protected by United States and international copyright laws. All software used on or in connection with the Site is the property of Beyond72 or its suppliers and is protected by United States and international copyright laws. You represent and warrant that you either own the copyright of your Content or have obtained written permission from the copyright owner to use the Content in such a manner. Beyond72 may request confirmation of the copyright or trademark ownership by the uploading member and reserves the right to suspend the shipment of an order until such confirmation is received.
If you believe your work has been copied in a way that constitutes copyright infringement in connection with the Site, please contact us at email@example.com. Please provide the following information in your notice of infringement:
(1) An identification or description of the infringing material posted on the Site;
(2) An identification or description of the work that you claim has been infringed;
(3) Your name, address and telephone number;
(4) Your physical or electronic signature;
(5) A statement by you that you have a good faith belief that the manner in which the material is used on the Site is not authorized by the copyright owner, their agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on the copyright owner’s behalf.
Notices to you may be made via email, regular mail or postings on the Site. Beyond72 reserves the right to make changes to this Agreement or the Services and products offered on the Site without providing an individual notice to you.
ADVERTISEMENTS, PROMOTIONS AND LINKS
From time to time, Beyond72 runs advertisements and promotions on the Site and its other services. The manner, mode, and extent of advertising by Beyond72, will be determined by Beyond72 at its sole discretion, and is subject to change at any time without notice. Your communications or dealings with promoters or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such communications or dealings, are solely between you and such promoter or advertiser. Beyond72 is not responsible or liable for any loss or damage incurred as the result of any such communications or dealings or as the result of the presence of such promoters or advertisers on the Site. You may not use the mybrochuremaker.com logo or other proprietary graphics of mybrochuremaker.com to link to the Site without the express written permission of Beyond72.
POLICY REGARDING SUBMISSION OF IDEAS
Users of the Site may be interested in submitting ideas and suggestions for products and services to be used at mybrochuremaker.com, either independently of, or in conjunction with, our internally developed concepts. DoodeLab appreciates its customers’ interest in improving the Services, however, please note that any such ideas and suggestions that you submit will be owned by Beyond72, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Beyond72. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be subject to license rights set forth under “Licenses and Site Access” in this Agreement. If you intend to retain any intellectual property rights in your ideas and suggestions, please do not submit them without Beyond72’s prior written approval. You can inquire regarding such approval by sending a message to firstname.lastname@example.org. If Beyond72 is interested in pursuing any idea or suggestion of yours, we will contact you.
Either Beyond72 or third parties may provide links to other World Wide Web sites or resources on the Site. Beyond72 is not responsible or liable for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from, such sites or resources. Further, Beyond72 is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on such content, goods, or services. Beyond72 provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Beyond72 of any site or any information contained therein. When you leave the Site, you should be aware that our terms and conditions no longer govern. You should review the applicable terms and conditions of any site to which you navigate from the Site.
COMPLIANCE WITH LAWS
Recognizing the global nature of the World Wide Web, you will comply with all local rules applying to your activities on the Site, including online conduct and acceptable content in your jurisdiction. Neither Beyond72 nor its affiliates make any representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
For more information regarding shipping rules and restrictions, please see the Shipping Information section of the Site.
U.S. GOVERNMENT RESTRICTED RIGHTS
If you are an agency or instrumentality of the United States Government, any software and documentation included in the Site are “commercial computer software” and “commercial computer software documentation”, and pursuant to FAR 12.212 or DFARS 227.7202, use, reproduction and disclosure of such software and documentation are governed by this Agreement.
GOVERNING LAW; EXCLUSIVE JURISDICTION
YOU AGREE THAT THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND Beyond72 WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND Beyond72 HEREBY SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF SONOMA, CALIFORNIA. The failure of Beyond72 to exercise or enforce any provision of this Agreement will not constitute a waiver of such provision. If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly assume all of your obligations set forth in this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should nevertheless give effect to the parties' intentions as reflected in the provision, and allow the other provisions of this Agreement to remain in full force and effect. Any claim or cause of action arising out of or related to the Site or this Agreement must be filed within 1 year after such claim or cause of action first arises; otherwise, such claim or cause of action is forever barred, regardless of any statute or law that otherwise would provide to the contrary.
By your continued use of the Site and/or purchase of our products, you acknowledge that you have read and understand this Agreement and you agree to act in accordance with its terms and conditions and be bound by it. This Agreement and the terms specified in the Electronic Receipt shall not be altered or modified in any way without the prior written consent of Beyond72 signed by an authorized representative of Beyond72.