1. Use of the Website
2. Limited License
Subject to the Terms stated herein, PMall grants you a limited, revocable, and nonexclusive license to the access and use the Website and Service for personal, non-commercial use only. The Terms do not authorize you to collect, aggregate, copy, duplicate, reproduce, transmit, display, produce, perform, distribute, sell, license, or create derivative works of any portion of the Website and Service, without the express written permission of PMall. Moreover, you are not authorized to compile or republish the content in any form. You agree to not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code for this Website and Service. In addition, you shall not use robots, spiders, and manual or automated software or scripts, or data mining or similar data extraction tools to access, scrape, crawl or spider the Website. A limited exception to the prohibition is granted to internet search engines and non-commercial archives.
3. Intellectual Property Rights
The Website contains intellectual property rights owned by PMall and any unauthorized use of the Website may violate or infringe upon the intellectual property rights of PMall or a third party. Specifically, PMall owns the PERSONALIZATIONMALL.COM name, trademarks and logos, as well as other protected trademarks, including PERSONALIZED GIFTS FOR LIFE'S CELEBRATIONS, YOUR LOGO. THEIR NAME. OUR SPECIALTY., BEYOND LOGOS, MY PERSONAL REWARDS, WHERE AMERICA SHOPS FOR PERSONALIZED GIFTS, and RETURN TO ME (collectively, "PMall Marks"). You agree to not use the PMall Marks without written permission from PMall. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that are part of this site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by PMall, and are protected by U.S. and international copyright laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of PMall and is also protected by U.S. and international copyright laws. All photographs created by the personalization of products, including photographic previews, corporate or group logo designs and images created or generated by PMall ("CAG Images") are owned exclusively by PMall and, if there is any dispute about ownership, by accessing and using this Website and its Services or the corporate and group sales program offered by PMall, you agree to assign any such rights to such CAG Images to PMall. If you breach any of these Terms or otherwise infringe upon any intellectual property rights, then your authorization to use the Website and the license granted herein is automatically terminated.
4. Age Requirements/Eligibility
You affirm that you are over the age of eighteen (18), as the Service and this Website are not intended for individuals under the age of 18. You affirm that you are able to enter into Terms, abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Service and access this Website.
5. Rules of Conduct for Users
BY ACCESSING THIS WEBSITE OR USING THIS SERVICE, YOU REPRESENT AND WARRANT THAT YOU WILL ABIDE BY AND COMPLY WITH THE TERMS CONTAINED HEREIN, INCLUDING THE FOLLOWING RULES OF CONDUCT FOR USERS:
1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
6. Use of Website and Services at own Risk
You are solely responsible for your actions on the Website and Service, and for any content that is submitted, accessed, downloaded, linked to, or retrieved from or through the Website or Service. You expressly agree that you bear all risk related to your use of the Website and Service.
7. No Warranty
To the extent local law does not allow limitations on warranties, this provision may not apply in its entirety. Use of this Website and Service is at your own risk. The Website and Service are provided "as-is." PMALL, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS ("PMALL PARTIES") EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND OWNERSHIP. PMALL PARTIES DO NOT REPRESENT OR WARRANT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR SERVICE, OR THAT THE WEBSITE AND SERVICE ARE FREE FROM ANY VIRUSES, ERRORS, BUGS OR OTHER HARMFUL COMPONENTS.
8. Notification of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), PMall is registering with the U.S. Copyright Office as a Service Provider. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing PMall's Agent with the following information in writing:
Any notifications of claimed copyright infringement must be sent to the Service Provider's Designated Copyright Agent. The Copyright Agent is General Counsel, PersonalizationMall.com, Inc., 51 Shore Drive; Burr Ridge, Illinois 60527, telephone number: (630) 910-6000, and electronic mail address: email@example.com. The failure to comply with all of the requirements set forth above under the Digital Millennium Copyright Act may result in an invalid DMCA notice.
At PMall's sole discretion, PMall may terminate and close the accounts of Users who are offenders or infringers, including any My Personal Rewards membership and account. In addition, PMall reserves, at its sole discretion, the right to limit or restrict access or otherwise terminate and close the accounts of any Users who infringe upon the intellectual property or other proprietary rights of third parties.
9. Linking to Third-party Websites
The Website may contain links to third-party websites that are not owned, controlled, endorsed or sponsored by PMall. PMall makes no representations or warranties regarding the content on these websites. These websites also contain different terms and conditions and privacy policies, and by visiting these websites you accept any and all risk.
10. General Contractual Clauses