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Yerzies User Agreement

Yerzies provides web software and online marketing services that allow its customers to create, design, and produce customized products (each, a "Product"). Visitors to the Yerzies website can also become registered members of the Yerzies community. The services offered by Yerzies ("Yerzies", "us" or "we") include the Yerzies product configurator, the Yerzies website with the Yerzies community (the "Website"), and any other features, content, or services offered from time to time by Yerzies in connection with the Website (collectively, the "Services").

This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with Yerzies and set up an Account). The term "User" refers to a Visitor or a Member.

BY USING THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE YERZIES PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE .

Additional Terms. In order to participate in or receive certain Services, you may be required to download content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website or Service.

Amendments. Yerzies may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by Yerzies on the Website, (2) for existing Users, thirty (30) days after posting by Yerzies on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after Yerzies sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member's acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.

1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Yerzies Account (the "Account") may be deleted without warning if we believe that you are younger than thirteen (13).

2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the "Yer Account" page. Yerzies may terminate your membership for any reason, effective upon sending notice to you at the then-current e-mail address in your Account profile. Even after any termination, Sections 8 through 21 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Yerzies profile information from our live databases as well as any Content that you uploaded to the Yerzies Website using such Account. Yerzies will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

3. Fees. You acknowledge that Yerzies reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by Yerzies on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Yerzies as set forth on the Website.

4. Conditions of sale.

4.1 Eligibility; Credit Card Terms. To order any products or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order products or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Yerzies currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Yerzies invoices the credit card for all amounts due and payable. By providing Yerzies with your credit card number and associated payment information, you agree that Yerzies is authorized to immediately invoice your account for all fees and charges due and payable to Yerzies as a result of your purchase of any products or other products. You agree to immediately notify Yerzies of any change in your billing address or the credit card used for payment hereunder. Yerzies reserves the right, at any time, to change its prices and billing methods for products and other products sold, either immediately upon posting on the Website, or by e-mail delivery to you.

4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide Yerzies with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the product or other product to your customers) at the rates in effect when the charges were incurred. Yerzies may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order products or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the products or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as Yerzies has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your products or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.

4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified via Yerzies's Order Support. If Yerzies does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Yerzies or its agents.

4.4 Returns. All sales of products and other products are subject to Yerzies's then-current return policies, as posted on the Website.

5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify Yerzies's acceptance of your order, nor does it constitute confirmation of our offer to sell. Yerzies reserves the right at any time after receipt of your order to accept or decline your order for any reason. Yerzies further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Yerzies upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.

6. Title and Risk of Loss. All sales of products and other products are made Ex Works (Incoterms 2000) Yerzies's designated point of shipment, and title and risk of loss to each shipment of the products and other products shall pass to you when Yerzies makes such shipment available to a carrier.

7. Password. When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify Yerzies immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.

8. Proprietary Rights.

8.1 Your Content. Your "Content" includes the text, files, images, photos, video, sounds, works of authorship, and other material (a) that you include in the products, submit to Yerzies for products and production services, or that you contribute to the products of other Members ("product Content"), and (b) that you post in any of our forums or blogs, share with other Members through the Services, or feedback that you provide to us (the "Other Content"). Yerzies has no ownership in any of your Content. However, to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Content:

A. License to produce your products. You hereby grant to Yerzies a non-exclusive, worldwide, fully-paid and royalty-free license (a "License") to reproduce and distribute your product Content for the purpose of producing the products that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by other Members as a contribution to their products).

B. License to use your product Content for optional Yerzies features. In the event you decide to use any optional feature that Yerzies may offer, such as allowing others to search for and see an electronic preview of your product(s) or applications to use the Services in connection with other services and online communities, you hereby grant to Yerzies a License to reproduce, distribute, publicly display, use, and otherwise make available the designated product(s), any product Content therein, and any other data and information you provide in connection with the optional feature, as required for Yerzies to provide such optional feature.

You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth above in this section for the Content (including product Content and Other Content) that you provide to and post on the Services, contribute to other Members, or provide for our production services to have your Content produced on a product, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.

8.2 Yerzies Content. The Services contain Content of Yerzies and its licensors ("Yerzies Content"). Yerzies and its licensors (including Users) own and retain all proprietary rights in the Yerzies Content and the Services. Except for Content that is owned by you, is in the public domain, that has been contributed to you by other Members, or for which you have been given written permission, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Yerzies Content. Yerzies hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the Yerzies Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.

9. Your Content and Activity. You are solely responsible for any and all Content that is posted by or through your Account on any Services, (including any Content that you may have received by third parties) including any e-mail, or included in products submitted by you for production services, and for your interactions with other Users. Please refer to the information on the Website about how long Yerzies archives the electronic data of products submitted by you for production services.

9.1 Prohibited Content. You agree that you will not post, submit for production services, or otherwise provide to the Services, any Prohibited Content. "Prohibited Content" includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy- protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by Yerzies, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates liability for Yerzies.

9.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for production services or action shots a photograph of another person without that person's permission.

9.3 Non-Commercial Use. The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by Yerzies's management or in connection with Services expressly designated for commercial use. You will not engage in advertising to, or solicitation of, any User to buy or sell any products or services through any Services, except as expressly permitted in connection with the Services. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.

9.4 Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.

9.5 No Disruption. You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any Yerzies page via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.

9.6 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of Yerzies. You will use the Services in a manner consistent with any and all applicable laws and regulations.

9.7 Enforcement by Yerzies. Yerzies has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Yerzies violates this Agreement, is prohibited content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person, or creates liability for Yerzies, its suppliers, service providers, partner companies, or any User. Yerzies reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.

10. Copyright Policy. It is Yerzies's policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to Yerzies by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any product in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Yerzies's Copyright Agent for notice of claims of copyright infringement is as follows:

Yerzies, Inc
Atten: Copyright Agent
27 West 24th street
Suite 702
New York, NY 10010

11. Third Parties and Other Users.

11.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because Yerzies does not control such Content, you agree that Yerzies is not responsible for any such Content, including advertising and information about third party products or services. Because Yerzies does not have control over such Content, Yerzies makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and Yerzies assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.

11.2 Responsibility. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Services' functionality to make contributions to the products of other Members and to receive contributions from other Members to your own products (please see also the next section). You agree that Yerzies will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), Yerzies is under no obligation to become involved; however, Yerzies reserves the right to monitor disputes between you and other Users.

11.2 Contribution. The Services allow you to contribute Content to the products of other Members and to receive such contributions for your own products. Please be aware that only the Member who invites other Members to contribute Content (the "Invitor") has control over if and how any Content that is contributed by such invited Members ("Contributor") is used in connection with the Services and any products that may be created using the Services. Yerzies only provides a platform for Invitors and Contributors to contribute and receive Content for a product project and it is solely up to the Invitors and Contributors to agree on the use of such Content and the use and distribution of any product that may contain such Content.

11.3 Third-Party Links. The provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations or their contents. Links to other Websites or locations may also be posted by other Users within the Yerzies community. Yerzies has no control over, does not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

12. Limited Warranty.

12.1 Limited Warranty for products. Yerzies warrants that, subject to minor differences across products and production partners as described in Yerzies's Return Policy, products will be free of any defects in materials and workmanship. Yerzies will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective products which you report to Yerzies via Yerzies's Order Support within fourteen (14) days of your receipt thereof.

12.2 Exceptions to Warranty. Yerzies does not proof, edit or change any of the Content in the products that you post or submit for production services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in production; (c) design issues, including product format, organization, style, color and layout; or (d) any other creative choices that you make related to the product. Yerzies is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. Yerzies assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. Yerzies is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Yerzies be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.

12.3 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 12.1 ABOVE, (B) Yerzies EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT YERIZES'S CUSTOMER SUPPORT DEPARTMENT.

13. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, YERZIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF YERZIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YERZIES'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO YERZIES IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE YERZIES'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF YERZIES OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. Release. You hereby release Yerzies, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.

15. Indemnity. You agree to defend, indemnify, and hold Yerzies, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.

16. Electronic communications. The communications between you and Yerzies use electronic means, whether you visit the Website or send Yerzies e-mails, or whether Yerzies posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Yerzies in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Yerzies provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.

17. U.S. Export Controls. Content and software available in connection with the Services (the "Software") is further subject to United States export controls. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content and Software, you represent and warrant that such download or use is not in violation of any such law.

18. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Pennsylvania without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Yerzies agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Mercer, Pennsylvania (USA) and the federal courts located in Pennsylvania (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Yerzies may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Pennsylvania law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of products from the Yerzies Services.

19. Other. This Agreement is accepted upon your use of the Website or any of the Services or when you register to become a Member. This Agreement constitutes the entire agreement between you and Yerzies regarding the use of the Services. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Yerzies to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language. Please contact us with any questions regarding this Agreement. You may also receive a copy of this Agreement in (in ASCII text format) by contacting us via Yerzies's General Support.

20. Copyright/Trademark Information. Copyright © 2008, DemandMade, Inc. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Yerzies or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.

21. International Provisions. The following provisions shall apply only if you are located in the countries listed below.

21.1 United Kingdom. A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.

21.2 Germany. Notwithstanding anything contrary in Section 13, Yerzies is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).