Effective Date: 27/10/2021
cyberroots is part of the Cimpress plc group of companies. A list of all Cimpress affiliated brands can be found by visiting www.cimpress.com/our-businesses/. Cimpress plc, together with its subsidiaries and affiliates, including but not limited to cyberroots, is referred to in this Agreement as “Cimpress”.
cyberroots reserves the right to make changes, additions, and corrections to the Membership Agreement in separate parts or in whole at any time. Such changes are legitimate and effective from the moment of their publication. If the User keeps on working with the Site after such changes have taken place, the User acknowledges his/her consent with them. If at any time the User can no longer conform to the rules and terms given below, he/she should immediately stop using the Site and its files.
1. WORKING WITH SITE FILES
The Site is a resource that can contain or directly contains files, information, software, illustrations, photographs and similar files being the subject matter of copyright, a trademark or service mark, or that fall within the scope of other identical or related rights of cyberroots, its subdivisions and affiliates or any other third parties including other Users of the Site.
The User has no right to pass, sell, publish, move, reproduce, or develop modified or redone works or use the Site content in any similar way, in part or in whole. Exclusion applies to cases when such permission is clearly and definitely stated in this Membership Agreement or any other agreement that comes into effect from the moment when usage of the Site starts (for example, the Standard and Extended License Agreement).
Files presented at the Site are provided by members of cyberroots under Exclusive and Non-Exclusive Supply Agreements. (For the terms of such supplies see corresponding parts of the Standard and Extended License Agreements.) According to the terms of the Supply Agreements, the User has the opportunity and right to upload or place at the Site by any other means any files that are entirely his/her property. The User has the opportunity and right to download files solely in accordance with the conditions stated in the Standard and Extended License Agreement and this Membership Agreement.
Once the User purchases an image, it remains available for downloading for one year after payment is submitted. During this time the User can download it as many times as necessary without any additional payment, from the Buyer Menu - Purchased Files folder.
2. ACCESS PASSWORDS
The User confirms his/her consent that the process of user identification is performed with the purpose of granting him/her access to his/her user profiles and operations governing access to Site content. The username (login) and password chosen by the User are confidential information. The User realizes the necessity of non-disclosure of this information and promises to keep in secret and not uncover, pass, or offer personal access data to a third party without clear written permission from cyberroots.
The User confirms his/her consent that he/she, as an owner of the access login and password, bears responsibility for each access to the Site content using the chosen login and password. Also, the User is informed and agrees that cyberroots automatically accepts and recognizes his/her login and password as evidence and clear proof of the fact that it was the User who gained access to the Site content. The User realizes that the login and password are unique symbols, even though cyberroots does not impose specific requirements as to their contents and quality.
3. SITE BEHAVIOR RULES
The User confirms that he/she does not intend to use files of the Site for unlawful or otherwise disapproved purposes. Thus, the User agrees to avoid using any files obtained from the Site in an inappropriate manner including, but not limited to:
- Abusing, threatening, hunting down, or violating the data protection rights of third persons or other users of the Site;
- Placing, uploading, publishing, showing, or distributing files of a scandalous or detractive nature, including ribald, indecent, coarse or unlawful pictures and other files;
- Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or parts of program code that include, contain or consist of parts of software or other files under the protection of intellectual property or copyright laws and any affiliated protections (including the right of confidentiality), excluding cases where the User owns or controls such rights or has necessary permissions;
- Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or parts of program code containing harmful software (such as viruses) that may result in the disruption or total failure of the correct operation of software or hardware in other computers;
- Deleting, clearing, cutting or in any other way concealing any author attributions, labels, identifications, or legal notices in any files uploaded or downloaded by the User;
- Falsifying or imitating data concerning an original source of any files offered at the Site;
- Advertising or selling goods or services of any kind, and also placing at the Site any information without any relation to the specialization of Site resources (such as surveys, advertisements, or spammer mailings);
- Downloading or saving any files or programs at the Site if the User knows that they are unlawful, cannot or should not be legally distributed;
- Using any Site options including but not limited to mailing to other members of the Site for advertising purposes, to distribute referral links, promote files, goods, services or activities, whether or not connected to the Site;
- Using any kind of information received from the Site or with the help of the Site for creation of software, resources or programs being in direct or indirect competition to cyberroots activities.
The User agrees that communication within the Blogs is open and public. Further, the User agrees that communication between visitors or between visitors and third parties, as well as files and content presented at the Site, are not officially approved by cyberroots, and no files or information placed at the Site permanently or temporarily shall be regarded as analyzed, viewed or approved by cyberroots. As stated below, cyberroots has the right and authority to remove any files at any time without notification to authors, license-holders or owners of the files.
The User agrees to refrain from using the Site in such a way that could result in its damage, operational trouble, or other negative outcome for other Site users. Also, the User agrees not to interfere with or access without authorization other cyberroots user records. The User agrees to access Site files in accordance with Site rules and procedures.
4. SITE MANAGEMENT
cyberroots does not control all uploads and information exchanges performed throughout the Site and is not responsible for such exchange and communication. Nevertheless, cyberroots has the right to move, delete, refuse to publish, or edit any text message or files which cyberroots may regard as violating or presumably violating this Agreement, the rights for private or intellectual property, or similar rights of third parties. The Contributor agrees to the expropriation of any commissions paid for the respective files.
cyberroots has the right but not the obligation to correct mistakes in the files at its own convenience.
By accepting this Agreement, the User acknowledges his/her consent to receive an electronic newsletter and notifications from cyberroots. The User can always access his/her Private Profile to change whether to enable or disable notifications.
5. CONFIDENTIAL INFORMATION
In accordance with the purposes of the present Agreement, the term «Confidential Information» should be read as any documents, software, data, information or files related to the process of Cimpress management, its enterprise, staff, members, affiliates, licensees and licensors, or such that is clearly defined as confidential, including but not limited to: design, business processes, business model, prices, development models and strategies, investigations, know-how, training developments, trade secrets, personnel, methodologies, clients, Site content belonging to others, and other intellectual property.
The User realizes that Confidential Information is such and cannot be disclosed to third parties without clear written permission from Cimpress and its licensors or used otherwise, except in cases established by law or directly specified within the present Agreement.
The User agrees to pay and indemnify, protect and also take the side of Cimpress (its management, employees, shareholders, partners, affiliates and so on) against any claims, responsibilities, losses and expenses (including lawyers’ fees on a client basis and solicitor), incurred in the following cases:
- Purposeful or casual usage of the Site and/or its files made with the User login, regardless of whoever entered the authorization;
- Any correspondence made by the User or the downloading of any files made with the help of the User login;
- Any violation by the User of the terms and provisions of this Agreement.
Cimpress reserves the right to assume the control and defense of any matter or require compensation or indemnification from the User at the expense of the User. In this case the User agrees to cooperate with Cimpress’ defense in case of such claim.
7. TERM, GROUNDS AND PRINCIPLES OF TERMINATION
This Membership Agreement is effective until the moment of its termination. For such purpose at any time the User should send a message using the Site’s Contact form or by any other written form appropriate for him/her, which identifies the User and confirms the User’s intention to notify cyberroots regarding the desire to terminate the Agreement. cyberroots reserves the right at its discretion to suspend, terminate or restrict the User's right to access to all or some content and resources of the Site at any time, for any reason and without proofs or prior notices.
cyberroots has the ability and right to suspend, terminate or change any part of the Site or the Site in the whole, its functions, resources or databases without prior notification or additional liabilities.
cyberroots also retains the right to suspend or fully terminate access of the User to the Site files in case of absence of activity from the User over an extended period of time, which may be interpreted as the User’s inability to gain access to the Site files.
A Membership Agreement termination does not indicate automatic exemption of liability and obligation of reimbursement of debts to cyberroots in accordance with the provisions of this Agreement or other liabilities of the User, namely: not to use the Site files or other content presented within its resources by ways other than those permitted with the terms and provisions of this Agreement that were valid by the moment of said use. This Agreement will be terminated without derogations or impairment to the rights of Cimpress, limitations and defense of liabilities provided in accordance with the terms of this Agreement, which defense, limitations of liabilities and rights shall survive this Agreement’s termination.
Upon termination of the User profile and his/her access to the Site files, the User confirms his/her consent to forfeit all credits remaining at his/her account.
THE SITE, SITE CONTENT AND SERVICES ARE PROVIDED «AS IS», WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SITE CONTENT IS PROVIDED PURELY AS USER-GENERATED CONTENT AND SHALL NOT BE SUBJECT TO MANDATORY SUPERVISION OR INTERFERENCE OF cyberroots. USERS ALWAYS USE THE SITE, SITE CONTENT AND SERVICES AT THEIR OWN RISK.
cyberroots HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO EACH AND ANY SITE CONTENT AND SERVICE MADE AVAILABLE AT ANY TIME, INCLUDING, BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, COMPATIBILITY, CURRENTNESS, INTEGRATION, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, SIMPLE USAGE AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY APPLICABLE LAW. cyberroots MAKES NO COMMITMENTS ABOUT THE SITE, SITE CONTENT AND SERVICES.
MOREOVER, cyberroots FURTHER DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS THAT:
- ACCESS TO THE SITE, SITE CONTENT AND SERVICES WILL BE UNINTERRUPTED AND ERROR-FREE AT ALL TIMES;
- SITE, SITE CONTENT AND SERVICES WILL MEET USER’S EXPECTATIONS, WILL BE SATISFACTORY TO USER’S NEEDS AND REQUIREMENTS OR WILL BE UNINTERRUPTED AND ERROR-FREE;
- RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SITE CONTENT AND SERVICES WILL BE EFFECTIVE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN SITE, SITE CONTENT AND SERVICES WILL BE CORRECTED BY cyberroots;
- SITE, SITE CONTENT AND SERVICES WILL BE PERMITTED IN ANY JURISDICTION;
- SITE, SITE CONTENT AND SERVICES WILL BE FREE OF VIRUSES, SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES AND/OR ANY OTHER HARMFUL COMPONENTS;
- SITE, SITE CONTENT AND SERVICES WILL BE INTEROPERABLE WITH USER’S HARDWARE AND SOFTWARE;
- ANY OF USER-GENERATED CONTENT WILL BE AVAILABLE THROUGH THE SITE OR WILL BE STORED (TEMPORARY OR PERMANENTLY) AS A SITE CONTENT;
- ANY DOCUMENTS REGARDING SITE, SITE CONTENT AND SERVICES WILL BE AVAILABLE AT ANY TIME;
- cyberroots WILL CONTINUE TO SUPPORT ANY PARTICULAR SERVICE OR FEATURE OF THE SITE AND SITE CONTENT.
TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH USER FIRST USED THE SITE, SITE CONTENT AND SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
AS LONG AS SITE CONTENT AND SERVICES PROVIDE YOU WITH DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM, NO WITHDRAWAL OF THIS MEMBERSHIP AGREEMENT BY USER SHALL BE POSSIBLE UNDER ANY CONDITIONS.
9. LIMITATION OF LIABILITY
The User confirms that he/she understands and accepts responsibility and assumes all risk resulting from use of the Site, without limitations.
Cimpress, its affiliates, affiliates, management, partners, shareholders, and agents are not responsible for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses in connection with claims of any kind, losses, petitions, actions or other events arising out of this Membership Agreement, as well as out of its jurisdiction, including without limitations the Site navigation, use, access to any files or their parts, as well as any rights included even if Cimpress was advised of the theoretical possibility of such damages, regardless of whether the event and failure happened because of infringement on intellectual or other property, was based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.
Total aggregate liability and indemnification of Cimpress in connection with the use of the Site, in whole or in part, or its content in money equivalent shall not exceed ten US dollars ($10.00).
If effective laws and normal acts do not allow exclusion of liability and limitations to the full extent for indirect or casual damages, all above-stated limitations and exclusions shall not by applied to the User. In case of a situation falling under such jurisdiction, the liability of Cimpress or any of its affiliates, employees, directors, shareholders, partners, license holders or agents shall be limited to the maximum value permitted by the law.
10. AGE AND RESPONSIBILITY
Site, Site content and services are neither intended to be used by minors and persons under age of 18, nor designed and intended to willfully and knowingly collect, use, or disclose any personal information from minors and persons under age of 18. cyberroots will immediately remove personal information from children and/or search to obtain a verifiable parental consent for the collection use, or disclosure of personal information from children, once it will come to cyberroots’ attention that any personal information from children was submitted or collected through the Site.
The User confirms and warrants that he/she has reached the age of 18, has all the sufficient for usage of the Site and is bound by legal obligations sufficient for any liability that can appear as a result of usage of the Site files. The User agrees to bear full responsibility for all cases of the Site usage without distinction, as well as for use of his/her login and password by third parties including minors and persons under age of 18 living with him/her.
11. APPLICABLE LAW
By entering the Site the User agrees that this Membership Agreement is governed by the laws of the New York, USA.
The validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Membership Agreement, and related matters shall be governed by the internal laws of the State of New York (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this Membership Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters, shall be brought exclusively in the State or Federal courts located in the State and County of New York. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Membership Agreement.
The User agrees to service and process of all necessary notifications directed to him/her at the postal address indicated by him/her during registration at the Site.
The User agrees to refrain from:
- Any rights that he/she could have to the process or result of a trial by jury;
- Taking part or organizing any collective claim against Cimpress in connection with the Site work, provisions of this Agreement or any agreements considered herein.
If Cimpress is obligated to go to non-arbitration court for collection of any payable fees or enforcement of its rights, the User agrees to reimburse Cimpress for all expenses, payments and fees in the event that Cimpress is successful.
12. GENERAL PROVISIONS
Absence of a result of actions performed by cyberroots for organization or control of accurate implementation of the provisions of this or affiliated agreements shall not and cannot be construed as waiver of any rights or provisions.
User shall not be allowed to assign this Membership Agreement and/or transfer User’s rights and obligations under this Membership Agreement fully or partly to any third parties. cyberroots shall be free to assign this Membership Agreement and/or transfer User’s rights and obligations under this Membership Agreement fully or partly to any third parties upon cyberroots sole and absolute discretion.