Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Our Address Top Of the World Entertainment, Inc.
A.K.A TOP OF THE WORLD DESIGNS
PO Box 451421
Sunrise, Fl 33345
USA PRINT ALL GRAPHIC AND PRINT JOBS REQUIRE A 100% ADVANCED PAYMENT DUE IMMEDIATELY
UPON PLACING AN ORDER. IT IS THE POLICY OF TOP OF THE WORLD DESIGNS THAT SUCH
ADVANCED PAYMENTS ARE STRICTLY NON-REFUNDABLE. TOP OF THE WORLD DESIGNS DOES
NOT GUARANTEE THE EXACT COLOR OR CUTS ON JOBS. BY SENDING SPECIFICATIONS,
IMAGES OR FILES TO TOP OF THE WORLD DESIGNS CLIENT REPRESENTS THAT CLIENT IS
THE SOLE AUTHOR OF THE WORK AND POSSESSES ALL RIGHTS TO USE SUCH
SPECIFICATIONS, IMAGES OR FILES, INCLUDING BUT NOT LIMITED TO ANY EXCLUSIVE
LICENSES. CLIENT FURTHER REPRESENTS THAT THE SPECIFICATIONS, IMAGES OR FILES DO
NOT INFRINGE UPON ANY STATUTORY COPYRIGHT, COMMON LAW RIGHT, TRADEMARK, LICENSE
OR ANY OTHER PROPRIETARY RIGHT. IN FURNISHING SUCH SPECIFICATIONS, IMAGES OR
FILES TO TOP OF THE WORLD DESIGNS, CLIENT AGREES TO HOLD TOP OF THE WORLD
DESIGNS HARMLESS AGAINST ANY CLAIMS WHATSOEVER ASSOCIATED WITH THEIR USE OR
EXPLOITATION.
TOP OF THE WORLD DESIGNS POLICY ON PROOFS SENT BY EMAIL OR FAX (ONLY IF WE ARE
DESIGNING).
THE PURPOSE OF A PROOF IS TO ELIMINATE ERRORS OR
DISSATISFACTION. YOU ARE REQUIRED TO EMAIL US YOUR APPROVAL. BY APPROVING
BOTH SIDES OF THE FLYER, YOU ARE INDICATING THAT YOU ARE RESPONSIBLE FOR ANY
CHARGES TO RE-MAKE OR CHANGE A JOB IN THE EVENT THAT YOU SIGNED OFF ON A PROOF
THAT CONTAINED AN ERROR (YOUR ERROR OR OUR ERROR) INCLUDING SPELLING ERRORS. WE
ALSO REQUIRE ADDITIONAL TIME TO RE-MAKE OR CHANGE YOUR JOB AND THIS WILL EFFECT
THE DUE DATE.
LICENSE AGREEMENT
All FLYERS DESIGNED WITH IMAGES BELONGING TO OR LICENSED TO TOP OF THE WORLD
DESIGNS WILL BE TAGGED WITH "COPYRIGHT 2008, TOP OF THE WORLD DESIGNS AND
ITS LICENSORS. ALL RIGHTS RESERVED."
All FLYERS DESIGNED WITH IMAGES BELONGING TO TOP OF THE WORLD DESIGNS THAT
CONTAINS A FAMOUS PERSON(S) WILL BE TAGGED WITH THE FOLLOWING: "The
person/product in this image does not endorse these products, their image is
used for illustrative purposes only."
RESTRICTIONS
YOU, THE CLIENT, CANNOT CREATE A "SERVICE MARK OR "TRADEMARK"
USING IMAGES BELONGING TO TOP OF THE WORLD DESIGNS OR ITS LICENSORS.
TOP OF THE WORLD DESIGNS POLICY ON SHIPPING
TOP OF THE WORLD DESIGNS WILL MAKE EVERY NECESSARY ATTEMPT TO COMPLETE AND SHIP
THE CUSTOMER'S JOB ON SCHEDULE. IF A DELIVERY IS IMPAIRED
BY AN ACT OF GOD, ELECTRICAL FAILURES, AIRLINE DELIVERY DELAYS, ANY
TRANSPORTATION DELAY, OR CANCELLATIONS, OR ANY OTHER DELAY OUT OF TOP OF THE
WORLD DESIGNS ' CONTROL, THEN TOP OF THE WORLD DESIGNS WILL ASSIST THE CLIENT
IN LOCATING THE DELIVERY. TOP OF THE WORLD DESIGNS IS NOT RESPONSIBLE
FOR ANY BOXES LOST OR DAMAGED BY THE SHIPPING COMPANY. THE CUSTOMER AGREES NOT
TO HOLD TOP OF THE WORLD DESIGNS LIABLE UNDER ANY OF THE ABOVE CONDITIONS .
BY REPLYING "APPROVED", YOU ARE BOUND BY OUR LICENSE AGREEMENTS,
TERMS AND CONDITIONS, AND POLICIES AT WWW.TOPOFTHEWORLDDESIGNS.COM
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Top Of the World Entertainment, Inc.. The collective work includes works that are licensed to Top Of the World Entertainment, Inc.. Copyright 2003, Top Of the World Entertainment, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Top Of the World Entertainment, Inc. or purchasing Top Of the World Entertainment, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Top Of the World Entertainment, Inc. or to purchase Top Of the World Entertainment, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Top Of the World Entertainment, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Top Of the World Entertainment, Inc. used in the site are trademarks or registered trademarks of Top Of the World Entertainment, Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Top Of the World Entertainment, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Top Of the World Entertainment, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Top Of the World Entertainment, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Top Of the World Entertainment, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Top Of the World Entertainment, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Top Of the World Entertainment, Inc. product is mistakenly listed at an incorrect price, Top Of the World Entertainment, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Top Of the World Entertainment, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Top Of the World Entertainment, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Top Of the World Entertainment, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Top Of the World Entertainment, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Top Of the World Entertainment, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Top Of the World Entertainment, Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Top Of the World Entertainment, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Top Of the World Entertainment, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Top Of the World Entertainment, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Top Of the World Entertainment, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Top Of the World Entertainment, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Top Of the World Entertainment, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Top Of the World Entertainment, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Top Of the World Entertainment, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Top Of the World Entertainment, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Top Of the World Entertainment, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Top Of the World Entertainment, Inc., Top Of the World Entertainment, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Top Of the World Entertainment, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Top Of the World Entertainment, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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