USER AGREEMENT AND POLICIES
This Agreement governs your use of the site and the BYOG service. The service permits customer that have an appropriate relationship either with: institutions of higher learning, fraternal organization, honor societies and other collegiate group (collectively, “Institutions”; corporations and small businesses; elementary and secondary schools; or other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the site and the service, you have agreed to the terms and conditions of this Agreement and you agree to use the site and the service solely as provided in this Agreement.
INTELLECTUAL PROPERTY RIGHTS OF BYOG AND THIRD PARTIES
BYOG is committed to the appropriate and legal use of the intellectual property of others and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustration, designs, icons and photographs and written and other materials that appear on the BYOG are copyrights, trademarks, trade dress and/ or the intellectual properties owned, controlled or licensed by BYOG.
BYOG is the owner of the BYOG trademark; other trademarks made available through this site, including logos, slogans, color schemes and design trademarks, are licensed for use by BYOG from institutions and other third parties ( the Licensed Marks). By using BYOG you agree to limit your use of licensed marks to uses that are directly related to such third parties and to comply with any restriction or condition imposed on the use and access of the licensed marks by the third parties. BYOG will notify you of such term if your usage is in violation of such terms.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products you agree to contact BYOG and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way exclusive property of the customers who assemble such designs. BYOG retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, BYOG has the sole discretion to reject any order that is considered libelous, defamatory, obscene, profane( according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability, or national origin, containing explicit sexual content or is otherwise inappropriate for BYOG production.
You agree to not use BYOG service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy , hateful, or racially ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
ANTI-SWEAT SHOP POLICY
BYOG supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. BYOG relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.
PAYMENT POLICIES
BYOG accepts online or telephone payment via credit card, debit card, or electronic check. All payments sent electronically are securely transmitted.
BYOG also accepts payment via purchase order for qualifies customers. Invoices may be paid by check or credit or debit card.
LIMIT OF BYOG RESPONSIBILITY
BYOG will be responsible for acting only on those instruction sent to BYOG that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. BYOG is not responsible for any losses or delays in transmission of orders arising out of the use of any INTERNET Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. BYOG is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this site, including text, graphics, links, or other items, are provided “as is”, “as available”. BYOG does not warrant the accuracy, adequacy or completeness of the information and materials on the site and expressly disclaims liability for errors or omissions in the information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, and fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
INTELLECTUAL PROPERTY CLAIMS
BYOG respects the intellectual property rights of others. We have a policy removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/ or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of BYOG, please provide written notice to the following agent for notice of claims of infringement:
In order for us to respond to your notice, it must: (I) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; ( iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you( including postal address, telephone number, and e-mail address); (v) contain a statement that you have good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owners agent , or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
INDEMNITY
You agree to defend indemnify and hold BYOG and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of BYOG’s site and the service, your violation of this agreement, or your violation of any rights of another.