WEBSITE TERMS OF USE
Please read these website Terms of Use carefully before accessing or using this website or app made available by Fitz Bliss (individually and collectively, the "Site").
Acceptance of Terms
By accessing and creating an account with Fitz Bliss Digitals LLC (“Fitz Bliss”), you are entering into a legally binding agreement with us. Your continued use of our services signifies your acceptance and agreement to abide by these terms. You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Fitz Bliss may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
Fitz Bliss may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of fitzblissdigitals.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
You may not use any Fitz Bliss Content for any purpose without first obtaining a license to use such Content. Any use of Content by you shall be governed by the License and Terms of Service Agreement separately entered into between you and Fitz Bliss. Displaying and/or distributing to the public any watermarked or unlicensed Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
You agree to provide accurate and up-to-date information about yourself during the registration process. This includes the name, address, contact details, and any other relevant details. Our use of the personal information you provide is governed by our Privacy Policy.
Intellectual Property; Limited License to Users
Subject to your compliance with these Terms of Use, any applicable license agreement with Fitz Bliss, and the law, you may access and use the Site. Fitz Bliss remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Fitz Bliss may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Fitz Bliss’s sole discretion. Fitz Bliss provides the Site on an "as is" and "as available" basis.
All content on this Site, including but not limited to Images, Designs, Merchandise and related metadata (collectively the "Content" as defined in the License and Terms of Service Agreement) made available for downloading or printing, as well as the selection and arrangement of the Content, are protected by copyright, trademark, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Content violates such laws and this Terms of Use. Except as expressly provided herein or in the License and Terms of Service Agreement between you and Fitz Bliss, Fitz Bliss does not grant any express or implied permission to use the Site or any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Fitz Bliss Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Fitz Bliss Content.
Unless you enter into a license agreement with Fitz Bliss you may not purchase, download, distribute, display and/or copy any Content. By purchasing Content you agree to the terms of our License and Terms of Service Agreement related to that Content. If you do not agree with all of the terms and conditions contained in the License and Terms of Service agreement, do not purchase Content.
You may not remove any watermarks or copyright notices contained in the Content.
Fitz Bliss Trademarks
For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Fitz Bliss. Nothing contained herein grants or shall be construed to grant you any rights to use any Fitz Bliss Trademark, unless expressly conferred by these Terms of Use.
You agree that you will not use Fitz Bliss's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Fitz Bliss. You agree that you will not use any Fitz Bliss Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. You may not at any time, adopt or use, without Fitz Bliss's prior written consent any word or mark which is similar to or likely to be confused with Fitz Bliss's Trademarks.
The look and feel of the Fitz Bliss website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Fitz Bliss and may not be copied, imitated or used, in whole or in part, without the prior written consent of Fitz Bliss.
You may not use a Fitz Bliss trademark, logo, Image or other proprietary graphic of Fitz Bliss to link to the Fitz Bliss website without the prior written consent of Fitz Bliss.
You may not frame or hotlink to the Fitz Bliss website or any Image without the prior written consent of Fitz Bliss.
Information You Provide
Fitz Bliss (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Fitz Bliss subject to your agreement with the applicable third-party platform. Fitz Bliss’s collection and use of all such information shall at all times conform to this Terms of Use, the Fitz Bliss Privacy Policy, and applicable law.
Fitz Bliss will use and protect your personal information, such as your name and address, in accordance with the Fitz Bliss Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.
Infringement Claims
If you believe that any Image or other material made available by Fitz Bliss infringes upon any copyright that you own or control, you may notify Fitz Bliss by email to info@fitzblissdigitals.com.
Limitations
You agree that you shall not:
Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Fitz Bliss or any third party.
Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
Violate the rights of Fitz Bliss or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Restriction and Termination of Use
Fitz Bliss may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Content at any time in Fitz Bliss's discretion, without prior notice or liability to you. Any conduct by you that, in Fitz Bliss’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
Links to Third Party Sites
In the event that the Site is available through any third-party platform, or if Fitz Bliss provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Fitz Bliss makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Fitz Bliss, and Fitz Bliss provides and/or permits these links only as a convenience to you to facilitate your purchases of Content. You will be bound by the policies and terms of use of those platforms when using their services. The inclusion of any link does not imply affiliation, endorsement, or adoption by Fitz Bliss.
Warranties and Disclaimers
Your use of the Site is at your own risk. The Site is provided by Fitz Bliss under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Fitz Bliss expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fitz Bliss makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Fitz Bliss makes no representations or warranties that the Site will be permitted in your jurisdiction, that the Site will meet your needs, or that Fitz Bliss will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.
Indemnification
You agree to defend, indemnify and hold harmless Fitz Bliss, its subsidiaries, affiliates, licensors, employees, agents, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of Fitz Bliss Content, or your violation of any rights of another.
Miscellanous
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be Scott County, Kentucky. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Fitz Bliss shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Fitz Bliss, such action is necessary or desirable.
These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Kentucky, without respect to its conflict of laws principles.
In the event of any conflict between these Terms of Use and any license agreement you enter with Fitz Bliss, the terms of such license agreement shall control.
These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.