Terms of Use | Shop Personalized Gifts

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INTRODUCTION 
This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, and all other actions you take on our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between Maxemblem.com (the seller) and you (the Purchaser), and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, products, the content, and software provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice. The agreement posted on our website reflects the latest agreement and you should carefully review these terms before you use our site.
 
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The Site allows you to shop and purchase online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) mining or collecting information about users’ personal information; (c) manipulating the price of any item or interfering in any way with the operation of the website. (d) take any action that may damage the rating system.
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For you to complete the sign-up process on our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the sign-up process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
PAYMENTS AND PROCESSING OF INVOICES 
Maxemblem.com has the sole description to provide the terms of payment. Unless otherwise agreed, payment must first be received by Maxemblem.com prior to the latter’s acceptance of an order. An order may be invoiced separately. Maxemblem.com has all the discretion to cancel or deny orders. Maxemblem.com is not responsible for pricing, typographical, or other errors in any offer by Maxemblem.com and reserves the right to cancel any orders arising from such errors.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS 
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notice you of such cancellation.
We do not warrant those product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a non-custom product offered on our website is not as described, your sole remedy is to return it in unused condition.
 
ACKNOWLEDGMENT OF RIGHTS
By using or shopping from this Web site, Buyer asserts that they own, licensed, or have purchased rights to any and all registered trademarks and copyrighted images, logos, or content contained within their artwork reproduced by Maxemblem.com. With full knowledge of the above, the Buyer hereby releases and shall indemnify and hold harmless Maxemblem. and its successors, legal representatives, licensees, and assigns from any and all claims or damages resulting from or associated with the use of the artwork. You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through the use of or access to the Program or proprietary information related thereto.
EDITING, DELETING, AND MODIFICATION 
We may edit, delete, or modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT, AND SHOPPING ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE
FRAUD 
FRAUDULENT ACTIVITIES are highly monitored on our site and if fraud is detected Maxemblem shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY 
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered on our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products, and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.
DELAYS IN ORDER DELIVERY
Maxemblem will always give 100% to make sure we deliver in time for your event. Maxemblem will NOT be responsible for delays caused by:
CUSTOMS - Our products are hand-manufactured and imported. Customs (the US and other countries) from time to time inspect international shipments at random. If your products are held for a customs inspection, we will not be responsible for any delays.
SHIPPING - Because our products are imported, we can not be held responsible for delays incurred AFTER we have given the products to our international shipping carrier. Weather, War, Changes in international shipping laws, and carrier delays can all cause your order to arrive late. Please give yourself enough time for production and shipping your product. Maxemblem will not be responsible for carrier and shipping delays.
CHANGE - and additions to your order- Maxemblem will not be responsible for delays in production caused by the client making changes to the design, adding additional quantity, or requests for pre-production samples or ship date changes made after the order is in production.
Maxemblem is ONLY responsible for delays resulting in late delivery to the shipping carrier.
 
CONFIDENTIALITY 
You agree not to disclose information you obtain from us and or from our clients, advertisers, and suppliers. All information submitted by an end-user customer pursuant to a Program is proprietary information of Maxemblem.com. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
 
NON-WAIVER 
Failure of the Maxemblem.com to insist upon strict performance of any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions, and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS 
This Agreement shall be governed by and construed in accordance with the substantive laws of the USA, without any reference to conflict-of-laws principles.
Any dispute, controversy, or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Illinois, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

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