Terms & Conditions
Effective Date: May 1, 2012
What Types of Information Does DaftBug Collect?
Personal Information. We collect Personal Information that you provide to us, such as your name, mailing address, phone number, email address, credit card number, and financial information. Non-Personal Information. We also collect non-personal information from you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address Non-Personal Information cannot be easily used to personally identify you.
How and When Does DaftBug Collect This Information?
Providing Information to Us. We collect Personal Information from you when you provide it to us. For example, if you purchase a product sold through an affiliate, we may collect your name, mailing address, telephone number, credit card number, and email address. If you create an account, we may collect your name, tax identification number, mailing address, email address, and other information that we request during the registration process, and any information that you provide to DaftBug. If you sign up to receive a newsletter, we will collect your email address. Communications With Us. If you communicate with us regarding the Website or the System, we will collect any information that you provide to us in any such communication. Analytic and Reporting Technologies. Like the operators of most websites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, click stream patterns, and the dates and times that the Website and the System are accessed. We also contract with several online partners to help manage, monitor and optimise our Website and the System and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. To do this, we may use web beacons and cookies.
How Does DaftBug Use My Information?
Personal Information. We use Personal Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the Website, fulfilling requests for information, producing and shipping the products that you order, and providing customer support. For example, if you create an Account, we will use the information that you provide us to communicate with you and pay you any commissions that you earn. Similarly, if you sign up to receive a DaftBug newsletter, we will use the email address you provide to send you the newsletters. Non-Personal Information. We use Non-Personal Information to track the use of the Website and the System and for other internal purposes, such as providing, maintaining, evaluating, and improving the Website.
When Will DaftBug Disclose My Information to Third Parties?
Disclosure to Successors. We may disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us. In the event DaftBug goes through a business transition, such as a merger or acquisition by or with another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred. You will be notified via email or by a notice on our Website of any such change in ownership or control of your Personal Information.
Disclosure to Unaffiliated Third Parties. We may disclose your Personal Information to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). In particular, we may disclose your information to a third party that alleges that you have infringed their intellectual property rights. Similarly, if you allege that someone is infringing upon your intellectual property rights, we may disclose your information to that person.
Disclosure to Third Party Service Providers and Online Partners. We may contract with various third parties who help us provide, maintain and improve the Website and the System. For example, we use a third party to process payments made to us, and may subcontract out production, fulfilment, analytics, reporting or other operations. We also contract with several online partners to help manage, monitor and optimise our Website and the System and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose your Personal Information.
Disclosure to Affiliates. If you purchase a product, DaftBug may provide your name, and the city and state information provided by you to an Affiliate. In our Affiliate Agreement, DaftBug contractually obligates each Affiliate not to use or disclose this information for any purposes other than internal record keeping, and for marketing, only if you have opted in to receive marketing material directly from the Affiliate. We cannot guarantee all Affiliates will comply with this obligation.
Disclosure of Non-Personal Information. We will disclose Non-Personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information. However, it cannot be easily used to identify you personally.
What About Cookies and Web Beacons?
Does DaftBug Protect My Personal Information?
Personal Information. Whenever we obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control. Website Content. The content that you store, post, or transmit on or through the Website, such as message board postings, storefront pages, and images on your Products, may be accessed by other users, including people that you do not know. We are not responsible for the actions of others. Therefore, you should use care in communicating with other users and only disclose your Personal Information to other users that you know to be trustworthy. You should not assume that your content will be kept private.
How Can I Review and Make Changes to My Personal Information?
You can obtain a copy of and request that we correct errors in your Personal Information by emailing us at email@example.com. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personal Information. If your Personal Information changes or if you no longer want to use the DaftBug Services, you may correct, update or deactivate your Personal Information and/or your account through the account management screen. If you would like to deactivate or terminate your account you can also contact our Customer Service.
If you choose to use our referral service to tell a friend about the Website, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Website. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
The security of your Personal Information is important to us. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
What About Children’s Privacy?
Under Thirteen. The Website and the System are intended for users aged 13 and older only. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13. Thirteen to Seventeen. Prospective users between the ages of 13 and 17 can only use the Website under their parent’s or legal guardian’s supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at firstname.lastname@example.org.
Can I Opt-Out From Receiving Communications From DaftBug?
Terms of service: an agreement between you and DaftBug to enter and use this website and services
Welcome to the DaftBug website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1 DaftBug Services:
- Create, design, customize products that are listed for sale.
- Buy products that are listed for sale
- Save and share designs that you may have created.
- Use our fun picture and design tools.
- Save created images and designs into public and personal galleries.
- Post your created images to social networks or blogs that you have the legal right to do so
- Registering to subscribe to special offers and use of galleries.
2 Using our DaftBug Services and Website:
2.1 ELIGIBILITY CHILDREN UNDER 18.
DaftBug will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
- Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
- A person means any form of legal entity as well as any quasi-legal entity.
- A User means any person using the website and/or services
- A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
- The word includes in any form is not a word of limitation.
3 User’s Obligations
Users are and shall be wholly and exclusively responsible, at their own cost, for:
- all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
- the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
- complying with all laws, regulations and rules in the users country or jurisdiction;
- complying with any recommendations or guidelines issued by DaftBug with respect to the use of the Website and/or services and
3.2 Restrictions on Users
Users shall not and has no right to either:
- reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
- use either the Website to supply any service to any person; or
- modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
- access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
- infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
- is libellous, defamatory or slanderous,
- condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
- contains explicit sexual content,
- does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
- is designed to or does harass, threaten, defame or abuse others,
- exploits images or the likeness of minors,
- encourages the use of drugs or the under-age use of alcohol or cigarettes, or
- is generally offensive or in bad taste;
- use “Spam”, “blast-faxes” or recorded telephone messages to market or sell any products or services,
- use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website.
- take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
- use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
- collect electronic mail addresses or other information from our Website,
- impersonate another person or entity,
- engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
- frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else’s website, without specific agreement.
4. DaftBug Obligations
User acknowledges that DaftBug has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
4.4 Modification of the Website.
DaftBug reserves the right to modify the organization, structure, content or “look and feel” of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. DaftBug shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
5.2 Prohibition on infringement
User acknowledges and agrees that DaftBug does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, in consideration of the authorisation granted under clause 4.1, User hereby grants to DaftBug an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
User Account, Password, and Security You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DaftBug of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DaftBug cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7.1 Users warranties
User represents and warrants to DaftBug that, in its use of the Website and the Services provided, it:
- will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
- will comply with all applicable laws, rules, and regulations.
- User further represents and warrants to DaftBug that:
- there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
- DaftBug will not be required to make any payments or compensation to any person in connection with its use of such content; and
- such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.
7.2 DaftBugs warranties
- be uninterrupted or free of errors and inaccuracies;
- meet users requirements; or
- operate in the configuration or with the hardware or software used by user.
- User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
- DaftBug does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which DaftBug is not liable.
- DaftBug does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY DaftBug, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
8. Exclusion and Limitation of Liability
8.1 Subject to law
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
- any third party;
- actions of user that were not expressly authorised by DaftBug;
- accident, misuse or abuse by anyone other than DaftBug;
- alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than DaftBug;
- products (including any hardware or software) or services not licensed or supplied by DaftBug;
- power surge or failure,
- events of force majeure or events outside DaftBugs actual control; or
- any other condition not arising under normal operating conditions;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that DaftBug has been advised of the possibility of any particular loss or damage.
DaftBug may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that DaftBug is not responsible for the operation of or content located on any such website, and DaftBug cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against DaftBug for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
9.2 Effect of termination
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.5 Governing Law and Jurisdiction
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.