Updated: 2011-12-01
PosterOven will try to ensure our service is available for you when you need it. But if the service is down, not working properly, or something bad happens as a result of your use of the service, don't blame us. Don't use our service for anything illegal or annoying, because if you do, we'll kick you out, and you'll be held fully responsible.
Welcome to PosterOven! Before you use this site, please read these Terms of Service carefully as they govern your use of the services provided at PosterOven (the "Services"). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time. PosterOven may modify or terminate the Services from time to time, for any reason, and without notice, without liability to you, any other user or any third party, provided that when PosterOven does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service. The date of the last update will be posted at the top of this page for your convenience.
PosterOven provides users with a means of creating, downloading, and printing signs, posters, and other material.
Any additions or modifications to the Services shall be in the sole discretion of PosterOven and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services. PosterOven uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of PosterOven. By using the Services you agree that PosterOven shall not be liable to you for any modification, suspension or discontinuance of the Services.
All materials displayed on the Site including, but not limited to text, graphics, news articles, charts, presentations, User communications photographs, images and illustrations, shall be referred to herein as "Content". PosterOven attempts to maintain a website that is absent of offensive, indecent or objectionable Content. You understand that by using PosterOven, you may be exposed to this Content. Under no circumstances will PosterOven be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via PosterOven.
By using the Services you agree that you will not:
(a) Use the Services for any illegal purpose;
(b) Upload, email or otherwise transmit any User Content (as defined below) that is unlawful,
obscene, harmful, threatening, defamatory or hateful or that contains objects
or symbols of hate, invade the privacy of any third party, contain nudity
or child erotica, or is otherwise objectionable.
(c) Upload, email or otherwise transmit any User Content that you do not
have the lawful right to transmit (including any User Content that would
violate any confidentiality or fiduciary obligations that you might have
with respect to the content) or any User Content that infringes the intellectual
or proprietary rights of any third party; or
(d) Interfere with or disrupt (or attempt to interfere with or disrupt)
web pages available at the Site or servers or networks connected to the
Site, or disobey any requirements, procedures, policies or regulations of
networks connected to the Site.
(e) Promote another similar service - or any other commercial venture
- that is competitive with the Services.
PosterOven reserves the right at all times to terminate your account, and delete any and all Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, PosterOven reserves the right to share any information with any third party. In addition, PosterOven reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.
Users of the Services must be at least 13 years of age. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by PosterOven. If PosterOven determines that it has collected personal information of children under the age of 13, PosterOven will immediately delete such information.
Users are limited to one account per person. PosterOven reserves the right to terminate any account for non-use of longer than 90 days. You are solely responsible for all security information relating to your account, and are fully responsible for all activities that occur under your password or account. Use of the Services is also governed by the PosterOven Privacy Policy.
If you are between the ages of 18 and 13 and you use our Services, you promise and
agree that you have your parent's permission to use the Services.
All trademarks, brands and service marks used in conjunction with the Services by PosterOven shall be the property of PosterOven. PosterOven shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to the personal use of the Services. This license does not apply to any third party content stored at PosterOven. Permission for use of such content must be obtained from the copyright owner. PosterOven claims no ownership interest in the User Content.
User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, you grant to PosterOven a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services.
PosterOven respects the intellectual property rights of others. However, you agree that PosterOven is not responsible for any violations of any intellectual property rights in any User Content. If you believe that your intellectual property rights have been infringed by another party please contact PosterOven via the email address: help at posteroven dot com. Please provide:
a. an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
c. a description of where the material that you claim is infringing is located
on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information
provided by you is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
Upon receiving your complaint, PosterOven may, in its sole discretion, remove the User Content that you believe infringes your copyright. In addition, PosterOven may terminate the account of the user who appears to be infringing your intellectual property rights.
PosterOven expressly disclaims any responsibility or liability for the use of the Services by you.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL POSTEROVEN BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF POSTEROVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU AGREE THAT THE AGGREGATE LIABILITY OF POSTEROVEN TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICES IS LIMITED TO TEN ($10) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POSTEROVEN AND YOU.
You agree to defend, indemnify, and hold harmless PosterOven and its subsidiaries, parent companies, and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). PosterOven reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with PosterOven and its counsel in the conduct of such defense.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of California, or state courts located in the county of San Francisco and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Service constitute the entire agreement between the you, the user, and PosterOven with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between PosterOven and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.