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).







