TERMS AND CONDITIONS OF USE
Concept Promotions, (“Company,” “our” or “us”) provides its services
to users of this Website (“User” or “you”) subject to the following
Terms and Conditions. If you visit or shop at Company’s Website, you
accept these Terms and Conditions. If you do not agree to be bound by
all of these Terms and Conditions of use, please do not use or access
this site.
ELECTRONIC COMMUNICATIONS -
When you visit our
Website or send emails to us, you are communicating with us
electronically. You consent to receive communications from us
electronically. We will communicate with you by email or by posting
notices on this site. You agree that all agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be
in writing pursuant to all relevant legislation including but not
limited to the Electronic Transaction Act of Jamaica.
LICENSE AND SITE ACCESS - Company grants you a
limited license to access and use this site. You may not download
(other than page caching) or modify it, or any portion of it, without
the express written consent of Company. Company notes that you are
permitted to download certificate templates which are specifically
designated on the Website as free for downloading. This license does
not include any: (i) resale or commercial use of this site or its
contents; (ii) any collection and use of any images, product listings,
descriptions, or prices; (iii) any derivative use of this site or its
contents; or (iv) any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site
may not be reproduced, duplicated, copied, sold, resold, or otherwise
exploited for any commercial purpose without express written consent of
Company. You may not frame or utilize any framing techniques to enclose
any image, trademark, logo, or other proprietary information of Company
without our express written consent. You may not use any metatags or
any other hidden text utilizing Company’s name or trademarks without the
express written consent of Company. Any unauthorized use terminates
the permission or license granted by Company.
DISCLAIMERS AND LIMITATION OF LIABILITY -
Users of
this site expressly agree that use of this site is at User's sole risk.
Neither Company, nor any of its officers, directors, employees,
representatives or agents warrant that this site will be uninterrupted
or error-free; nor do they warrant or make any representation regarding
the accuracy, reliability, or currency of any information, content,
service, or merchandise provided through this site.
THIS WEBSITE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE”
BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS LISTED ON THIS SITE. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO
CIRCUMSTANCES SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION,
WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY
FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEBSITE, EVEN IF
COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY AMOUNT IN EXCESS OF
$100.00. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY OR ITS
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL CREATE A
WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall Company or its officers, directors,
employees, representatives or agents or any other party involved in
creating, producing, or distributing this Website be liable for any
direct, indirect, incidental, special, or consequential damages that
result from the use of or inability to use the Website, including but
not limited to the results from mistakes, omissions, interruptions,
deletion of files or e-mail, errors, defects, viruses, delays in
operation or transmission, or any failure of performance, whether or not
resulting from acts of God, communications failure, theft, destruction,
or unauthorized access to this site's records, programs, or services.
User acknowledges that this paragraph shall apply to all content,
merchandise, and services available through this Website.
INDEMNITY
- You agree to defend, indemnify, and
hold Company and its officers, directors, employees, representatives and
agents harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, costs and
expenses (including reasonable attorneys and accountant’ fees and costs)
resulting from, or alleged to result from, (i) your violation of these
Terms and Conditions and Company’s Privacy Policy, and/or (ii) claims by
third parties against Company relating in any way to or arising from an
alleged breach of any third party’s intellectual property or other
rights resulting directly or indirectly to or arising from your
submission(s) of information, files, documents, photos, text,
trademarks, designs, or any other submissions to the Company, and/or
(iii) your violation of the rights of any third party.
USER SUBMISSIONS
- By using Company’s Website, User
agrees, acknowledges and warrants that User has all necessary rights to
use all intellectual property, including all trademarks, copyrighted
works and other materials submitted by User to Company (“Submitted
Materials”). User further agrees to comply with any restrictions or
conditions imposed on the User by any third party in connection with
such Submitted Materials. User shall grant and hereby grants to Company
a limited, non-exclusive, perpetual, royalty-free license to use the
Submitted Materials to create samples and fulfill your order and to
display all products, materials and designs created using Company’s
Website, including the Submitted Materials, to market and advertise the
Company’s goods and services through the Website, in print materials and
in any other medium now known or hereinafter developed.
By using
Company’s Website, User further agrees not to use Company’s services to
create any material that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable, or that infringes on any patent, trademark, trade secret,
copyright or other proprietary rights of any third party.
Users who
complete a purchase from Company are invited to submit reviews in
connection with the product(s) purchased by the User. While Company
appreciates your feedback, it reserves all rights in its sole discretion
to remove reviews, including but not limited to reviews that include
any objectionable content, that contain information that is not directly
relevant to the product purchased or that Company otherwise deems
inappropriate.
LINKS TO OTHER SITES -
This Website may reference
or link to third-party sites throughout the World Wide Web. Company
does not endorse, recommend or sponsor and is not affiliated with any
individuals or entities listed or linked to on this site unless that
fact is expressly stated. Company has no control over these sites or
the content within them. Company cannot and does not guarantee,
represent or warrant that the content contained in the sites is
accurate, legal and/or inoffensive. Company does not warrant that any
third-party site will not contain viruses or otherwise impact your
computer. Company does not assume any responsibility or liability for
the actions, products and content of all these and any other third
parties. You should carefully review their privacy statements and other
terms and conditions of use. By using this site to search for or link
to another site, you agree and understand that you may not make any
claim against Company for any damages or losses, whatsoever, resulting
from your use of this site to obtain search results or to link to
another site.
COPYRIGHTS -
Copyright © 2014 Concept Promotions.
All materials and contents contained in this Website (including but not
limited to the text, graphics, logos, button icons, images, videos,
audio clips, digital downloads, data compilations and software), and the
Website itself, are copyrighted materials belonging exclusively to
Concept Promotions, or its content suppliers and are protected by
Jamaican and international copyright law. Concept Promotions owns and
retains at all times all copyright rights in and to the artwork depicted
on this Website. The Company enforces its copyright interests to the
fullest extent permitted under the law, and shall seek civil and
criminal remedies where appropriate. All rights are reserved.
TRADEMARKS
- CONCEPT PROMOTIONS, the CONCEPT
PROMOTIONS logo, and other marks indicated on our site are the exclusive
property and trademarks of the Company. Concept Promotions reserves
all rights, including all rights applicable under the Jamaican and
international trademark laws, including. All other trademarks not owned
by the Company that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected to,
or sponsored by Concept Promotions.
APPLICABLE LAW -
This site is created and
controlled by Company in Jamaica. As such, the laws of Jamaica will
govern these disclaimers, terms and conditions, without giving effect to
any principles of conflicts of laws. User hereby irrevocably and
unconditionally consents to submit to the jurisdiction of Jamaica for
any litigation arising out of or relating to use of or purchase made
through this site (and agrees not to commence any litigation relating
thereto except in such courts), waives any objection to the laying of
venue of any such litigation in such courts and agrees not to plead or
claim in any such court that such litigation brought therein has been
brought in an inconvenient forum.
MODIFICATION, AND SEVERABILITY
- Company reserves
the right to make changes to our site, policies, and these Terms and
Conditions at any time, effective immediately upon the posting on this
site. Please check this page of the site periodically. If any of these
terms and conditions shall be deemed invalid, void, or for any reason
unenforceable, that term or condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining
condition.