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Terms of Service

Terms of service

 

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Fishin Addicts (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Fishin Addicts does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Fishin Addicts.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Fishin Addicts may terminate its service to customers found to be using Fishin Addicts to engage in undesirable activities.

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Fishin Addicts to produce the Products on your behalf. You grant Fishin Addicts the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit Fishin Addicts to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Terms of Sale

These Terms of Use govern any sale to the exclusion of any other terms, including any terms and conditions which you may purport to apply under any purchase order, confirmation of order or other document. Fishin Addicts employees are not authorized to make any representations concerning Products unless confirmed by Fishin Addicts in writing.

Products are sold exclusively for business purposes and you agree that any purchases you make are intended for business purposes. Some Products may only be available in certain countries and Fishin Addicts may refuse to make sales, or cancel any sales made, outside of those countries.

Fishin Addicts reserves the right to reject any order without the obligation to assign any reason for so doing. No order shall be deemed accepted by Fishin Addicts unless and until it is confirmed unconditionally.

You agree that all details provided to Fishin Addicts for the purpose of a purchase will be correct and that the chosen method of payment your property and that sufficient funds or credit facilities are available to cover the full cost of the Products ordered. Fishin Addicts reserves the right to obtain validation of your payment details before accepting the any order.

Fishin Addicts may combine orders into a single shipment or split an order into multiple shipments. Any dates quoted for delivery of Products are indicative only. Time for delivery will not be of the essence of the contract created by these Terms of Use and Fishin Addicts will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Products howsoever caused.

Transfer of Title

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification

You agree that you shall indemnify and defend Fishin Addicts and all parties from whom Fishin Addicts has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Fishin Addicts’s Satisfaction Guarantee is good for 10 years following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Fishin Addicts´s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer.

Please preview your designs carefully and correct any mistakes prior to placing your order. Fishin Addicts does not proof documents created by its customers prior to processing.

Limitation of Liability

IN NO EVENT SHALL FISHIN ADDICTS OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FISHIN ADDICTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM FISHIN ADDICTS OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL FISHIN ADDICTS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

Fishin Addicts will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event outside of its reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or act of God.

The liability of Fishin Addicts and its licensors, suppliers, or vendors, and their respective officers, directors, employees, or agents with respect to any and all claims arising out of the performance or non-performance of Fishin Addicts’s obligations under the Terms of Use, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes, shipping and processing) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Fishin Addicts in connection with the operation or content of this Site shall be provided by the submitter and received by Fishin Addicts on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Fishin Addicts. By submitting any such information to Fishin Addicts, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Fishin Addicts shall be free to use such information on an unrestricted basis.

Governing Law

The party you are contracting with and the seller of the products and services offered and sold on this Site is Fishin Addicts Netherlands B.V., a limited company organized under the laws of the Netherlands with its headquarters in Venlo, the Netherlands. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the Netherlands. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Amsterdam, the Netherlands. You agree to submit to the jurisdiction of courts sitting in Amsterdam, the Netherlands and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Fishin Addicts that a court sitting in Amsterdam is an inconvenient forum for such legal action or proceeding.