If you want to use the MyCoverCreator service, you must agree to the terms below. If you do not agree to these terms, please do not use the service.
Welcome to the MyCoverCreator application and service (the “Service”), which is owned and operated by MyCoverCreator. (“MyCoverCreator”). These Web Service Terms and Conditions of Use (these “Service Terms”) apply only to your access to, and use of, the Service. You represent that you are at least 18 years of age and have attained the age of majority in the state, province or other governmental jurisdiction in which you reside.
We may change or modify these Service Terms at any time and they will be effective immediately when we post the revisions on the Service. Your continued use of this Service following the posting of such changes or modifications means you agree to them. You should frequently review these Service Terms and other applicable policies, disclaimers or guidelines on the Service, to understand the terms and conditions applicable to your use of the Service. If you do not agree to any changes or modifications to these Service Terms, please do not use the Service.
When you visit the Service or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We will communicate with you by email to your registered email address, your Facebook account, by posting general notices on the Service, or by posting messages that are displayed to you when you log in to the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright and Limited License
Unless otherwise indicated, the Service, content, including, without limitation, the Service logo, graphics, software and the selection and arrangement thereof (collectively, the “Materials”) are the property of MyCoverCreator or its licensors and are protected by international copyright laws.
MyCoverCreator grants you a limited, non-sublicensable license to access and make use of the Service and to print to hard copy informational portions of the Service, solely in accordance with, and subject to, the terms set forth in these Service Terms or other agreement you may enter into with MyCoverCreator. Such license does not include: (a) the collection, use, copying or distribution of any portion of the Service or the Materials; (b) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Service or any of the Materials; (c) modifying or otherwise making any derivative uses of the Service or the Materials, or any portion thereof; (d) use of data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Service, the Materials or any information contained therein, except as expressly permitted on the Service; or (f) any use of the Service or the Materials other than for their intended purposes.
Any use of the Service or of any Materials not owned by you, other than as specifically authorized herein, without the express prior written permission of MyCoverCreator, is strictly prohibited and will terminate the license granted herein and constitute a breach of the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Service Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by MyCoverCreator at any time.
User Banning and Content Editing
MyCoverCreator reserves the right, in its full discretion, to edit or delete user content and block or remove users from the Service.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods
MyCoverCreator respects the intellectual property rights of others. If you believe that any material on the Service infringes upon any copyright that you own or control, or that any link on the Service directs users to another Web site that contains material that infringes upon any copyright that you own or control, you may send a notification of such infringement to our Designated Agent. To do so, please contact us.
Further to this, please do not submit any intellectual property to MyCoverCreator or the Service that would infringe upon the rights of the owner of the intellectual property.
Trademarks and Service Marks
“MyCoverCreator” and any other product or service names, logos or slogans of MyCoverCreator contained in the Service are service marks of MyCoverCreator and may not be copied, imitated or used, in whole or in part, without the prior written permission of MyCoverCreator. You may not use any metatags or any other “hidden text” utilizing “MyCoverCreator” or any other name, trademark or product or service name of MyCoverCreator without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MyCoverCreator and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, registered trademarks, registered service marks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Service, provided such link does not portray MyCoverCreator or any of its Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. This limited right may be revoked at any time. You may not use an MyCoverCreator logo or other proprietary graphic of MyCoverCreator to link to the Service without the express written permission of MyCoverCreator. Further, you may not use, frame or utilize framing techniques to enclose any MyCoverCreator trademark, logo or other proprietary information, including the images found at the Service, the content of any text or the layout/design of any page or form contained on a page on the Service without MyCoverCreator’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of MyCoverCreator or any third party.
Third Party Services and Content
MyCoverCreator may host or provide links to Web pages, Web sites and other content of third parties (“Third Party Services and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to its users and does not imply affiliation, endorsement, approval, control or adoption by MyCoverCreator of any Web site or any information or content contained therein. MyCoverCreator makes no claim or representation regarding, and accepts no responsibility for such Third party Services and Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use these links and Third Party Services and Content contained therein at their own risk. When you leave the Service, you should be aware that our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Service.
Users who register with or subscribe to the Service are solely responsible for maintaining the confidentiality of the password associated with their account and for restricting access to the user’s computer while logged in to the Service. You are responsible for all activities that occur under your account or from your computer. You agree to immediately notify MyCoverCreator of any unauthorized use of your account or any other breach of security known to you.
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration or subscription forms on the Service (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to MyCoverCreator, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to your account, the Registration Data and any other information you provide to MyCoverCreator. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect MyCoverCreator’ systems and customers, or to ensure the integrity and operation of MyCoverCreator’ business and systems, MyCoverCreator may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. MyCoverCreator’ right to disclose any such information shall govern over any contrary terms in any agreement or policy of MyCoverCreator.
Advertisements and Promotions
MyCoverCreator may run advertisements and promotions from third parties on the Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than MyCoverCreator, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. MyCoverCreator is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
You acknowledge and agree that any materials, including but not limited to status text, questions, comments, suggestions, ideas, plans, creative materials or other information or work of authorship provided by you in the form of email or other submissions to MyCoverCreator, shall become the sole property of MyCoverCreator. MyCoverCreator shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
At no time may you submit status text that is commercial in nature or makes mention of any products, services or trademarks.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MyCoverCreator, THE SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” ; AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MyCoverCreator DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES AND THE INFORMATION, CONTENT AND MATERIALS ON THE SITE.
MyCoverCreator DOES NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM MyCoverCreator OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MyCoverCreator IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY.
MyCoverCreator reserves the right to change or remove all or any portion of the Service or the Materials at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or affiliation therewith, by MyCoverCreator.
IN NO EVENT SHALL MyCoverCreator OR ITS AFFILIATES OR SUBSIDIARIES, NOR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA (INCLUDING BUT NOT LIMITED TO THE LOSS OR COPYING OF PHOTOS, IMAGES OR OTHER CONTENT HOSTED ON THE SITE), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE PRODUCTS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM MyCoverCreator, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MyCoverCreator’ RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MyCoverCreator, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE PRODUCTS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MyCoverCreator FOR ACCESS TO OR USE OF THE SITE OR THE PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold harmless MyCoverCreator and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through the Service or your use of or inability to use the Service or the Products, including without limitation any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to any such Content, your conduct, your violation of these Service Terms or your violation of the rights of any third party.
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.