Download Terms & Conditions here.
Copyright
All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of Igniteware or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of Igniteware and protected by U.S. and international copyright laws. All software used on this web site is the property of Igniteware or its software suppliers and protected by United States and international copyright laws.
The use of this content by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks, service marks, trade names, logos and icons used by Igniteware or any affiliated company are proprietary to Igniteware or that affiliate. Nothing contained on the web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on this web site without the written permission of Igniteware or such third party that may own the trademarks or service marks displayed on this web site. Your use of the trademarks or service marks displayed on this web site, or any other content on this web site, except as provided herein, is strictly prohibited.
Inquiries concerning use of Igniteware trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to:
Igniteware
4910 Starcrest Drive
Monroe, NC 28110
Igniteware will not use any ideas, concepts, know-how, or techniques contained in any communication you send to this web site for any purpose other than to satisfy your order, including, but not limited to, developing and marketing products using such information.
Right To Use Copyrights and Trademarks
You represent and warrant to Igniteware that you have the right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illusion of any person or any other intellectual property in the way it is to be printed on or otherwise applied to the products ordered by you from Igniteware or its affiliates. You warrant that in obtaining the material and submitting it to Igniteware for reproduction, you have not violated the property rights of any third party. You agree to indemnify and hold Igniteware and its owners, officers, employees and agents harmless from and against any suit, demand, claim, loss, liability, damage or expense made against Igniteware by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim and to pay any attorneys fees incurred by Igniteware in defending against any such suit, demand or claim.
The burden of determining that any material is not protected by trademark, service mark, copyright or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any material protected by trademark, service mark, copyright or other proprietary right. A customer may not use any logo or other graphic material in a manner which may infringe on copyright, trademark, service mark or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. You agree to indemnify and hold Igniteware harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by Igniteware by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through http://www.Igniteware.com/.
Accuracy of Colors
Igniteware has displayed as accurately as possible the colors and graphics of the products that appear on the site. However, we cannot guarantee that your monitor's display of any color and or graphic will be accurate. The colors shown on the site are for reference only. The colors you see will depend on your monitor and may be slightly different from the actual colors of the products. We will have no liability whether for damages, return of merchandise for credit or otherwise, as a result of any variances between the appearance of colors and or graphics displayed on your monitor and on any finished product purchased by you from Igniteware.
Disclaimer of Warranties
Igniteware may provide links and pointers to internet web sites maintained by third parties. Igniteware does not operate or control in any respect any information, products or services on these third-party web sites. The materials in the Igniteware website(s) and the third-party web sites are provided as is and as available and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Igniteware disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Igniteware does not warrant that the functions contained in the materials will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Igniteware website, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Igniteware does not warrant or make any representations regarding the use or the results of the use of the materials in the Igniteware web site or in third-party web sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You assume the entire cost of all necessary maintenance, repair or correction. Igniteware makes no warranty regarding any goods or services purchased or obtained through the Igniteware website or the newsletters or any transactions entered into, directly or indirectly, through the Igniteware web site or the newsletters.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Igniteware web site or the newsletters is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from Igniteware or through or from the Igniteware web site, bulletin boards or newsletters shall create any warranty.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Igniteware, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Igniteware content even if Igniteware or a Igniteware authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You specifically acknowledge and agree that Igniteware is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Igniteware content, or with any of Igniteware terms and conditions, your sole and exclusive remedy is to discontinue using the Igniteware web site and/or Igniteware services.
In no event shall Igniteware total liability to you for all damages, losses, and causes of action exceed the amount paid by you to access this web site. Igniteware assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this web site or your downloading of any materials, data, text, images, video or audio from this web site.
Restrictions On Use Of Materials
This web site is owned and operated by Igniteware. Permission is granted to access and navigate around this web site with a computer using HTML browser software, solely for personal, non-commercial use. You may not distribute, adapt or create derivative works, retransmit, reuse, repost or use the content of this web site for public or commercial purposes, including the text, images, audio and video, without Igniteware written permission.
Except as otherwise permitted by Igniteware, no materials from the Igniteware or any other web site owned, operated, licensed or controlled by Igniteware may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this web site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. Igniteware does not warrant or represent that your use of materials displayed on this web site will not infringe rights of third parties not owned by or affiliated with Igniteware.
Indemnity
You agree to indemnify and hold Igniteware and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post to, upload or transmit through the Igniteware website, your use of the Igniteware website, Newsletters, your connection to the Igniteware web site and Newsletters, your violation of the Terms and Conditions, or your violations of the rights of any person or entity.
Termination
This agreement is effective until terminated by Igniteware, at any time with or without notice. In the event of termination, you are no longer authorized to access the Newsletters or the Igniteware web site, including, without limitation, Bulletin Boards, and the restrictions imposed on you with respect to material downloaded from the Newsletters and the Igniteware web site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive.
Modification of Terms and Conditions
Upon notice published on the Igniteware web site, or such other notice as may be given; Igniteware may amend or modify these Terms and Conditions, or impose new conditions on use, at any time. Your use of this service after such notice shall be deemed to constitute acceptance of the new Terms and Conditions.
Modification of Igniteware Website
Igniteware may modify or discontinue the Igniteware web site with or without notice to you and without liability to you or any third party.
Other
This agreement constitutes the entire agreement between Igniteware and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
