Terms & Conditions

Please read the following information carefully.

Introduction
Welcome to Lamcraft Digital Memories Online (www.lamcraftdigitalmemories.com)

Please read these Terms and Conditions (“Terms”) carefully as they contain the legal terms and conditions that you (“you”) agree to when you access and use this website. (the “Website”), and / or purchase items online from Lamcraft, Inc. Use of this Website (www.lamcraftdigitalmemories.com) constitutes your acceptance of these Terms and you acknowledge these Terms constitute a binding agreement between you and Lamcraft, Inc.

Pricing, Products and Policies
Pricing, retail policies and shipping applicable to the purchase of Lamcraft’s products are set forth on the Website, and are incorporated into these Terms by reference. All costs and fees are quoted in U.S. dollars. We may in our sole discretion add, delete, or change some or all of the prices of our products and services at any time without notice.

Content Restrictions
You are responsible for all of the images you upload to our site. You must have the legal right to copy and display each image that you upload, share or print. You should assume that all text, graphics and images that you find on the World Wide Web are subject to a copyright. In general, it is a violation of federal law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on the Memorial Bookmarks you create using this service without the consent of the owner of the copyright. For more information about copyright law, you may visit www.copyright.gov. Before copying any text, graphics or images, you must confirm that it is in the public domain and not subject to a copyright, or otherwise obtain the consent of the owner of the copyright to use the material. You authorize Lamcraft Inc. to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to, taking the following action without notice: disclosing your material and any other information you have disclosed to us to the copyright owner or its agent and destroying all alleged infringing material.

You agree not to use the Lamcraft Digital Memories Website or service:

A. For any unlawful purposes;
B. To upload or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, supportive of unlawful action, defamatory, libelous, vulgar, illegal, or otherwise objectionable;
C. To upload or otherwise transmit or communicate any material that contains or depicts nudity, sexually explicit or suggestive material, rude or obscene material, graphic violence or illegal activities, celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, or
newsworthy, notorious or infamous images and individuals;
D. To upload copyrighted material as noted previously;
E. To harm minors in way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
F. To upload or otherwise transmit any material that is likely to cause harm to Lamcraft Digital Memories Online or anyone else’s computer system, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Website or which may cause any defect, error, malfunction or corruption to the service.

You agree that Lamcraft, Inc. in its sole discretion may determine that any material you upload may not meet these content requirements.

Suspension and Termination of Access

You agree that Lamcraft, Inc. may at any time without notice:
A. Move or suspend any part of Lamcraft Digital Memories Online; or
B. Refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Lamcraft, Inc.’s sole discretion you fail to comply with any of these Terms or if a competent regulatory authority requires Lamcraft, Inc. to do so.

Lamcraft Digital Memories will not be liable to you or any third party for any suspension or termination of your access to the Website or failure to generate any bookmarks, except that Lamcraft, Inc. will refund to you any amounts paid by you for Products not delivered.

Reporting Violations of Your Intellectual Property
Lamcraft, Inc. is committed to protecting intellectual property. Each user of Lamcraft Digital Memories Online is required by law and these Terms to own the right to or to obtain permission to use any image or verse to create bookmarks. If you believe your intellectual property or other legal rights have been infringed, please contact us at the following address:

Lamcraft, Inc.
ATTN: Customer Service
4131 N. E. Port Drive
Lee’s Summit, MO 64064
Phone: (816) 795-5505
Fax: (816) 795-8310
Email: customerservice@lamcraft.com

Please provide us with the following and any other relevant information, which Lamcraft, Inc. may then forward the alleged infringer:

Identify the Intellectual Property that you claim has been infringed;
Provide a photocopy or scanned image of the allegedly infringing bookmark for identification purposes;
Provide your address, telephone number and email address;
Provide a statement that (i) you have a good faith belief that the disputed use is not authorized by the Intellectual Property owner, its agent, or the law, (ii) the information you have provided to us is accurate; and (iii) you are the owner of the Intellectual Property involved or you are authorized to act on behalf of that owner; and provide your physical or electronic signature.

Upon receiving your complaint, Lamcraft, Inc. may suspend or terminate the account of the customer who appears to be infringing your Intellectual Property, and may take further appropriate action.

Age and Geographical Requirements
You must be at least 18 years of age to use Lamcraft Digital Memories and to order from Lamcraft’s online store. Lamcraft, Inc. only accepts orders that are shipped to locations within the United States and its territories, and Canada.

Responsibility for Bookmark Creation and Use
You acknowledge and agree that neither Lamcraft, Inc. nor any other party connected with the license or manufacture of the bookmarks will be involved in any way with the design of your bookmark through Lamcraft Digital Memories. You must evaluate and bear all risks associated with the use of any of your content and images. You are solely responsible for and assume all liability arising from all bookmarks that you and any other person create or use in connection with the Website. The fact that we offer a Website that facilitates the creation of memorial bookmarks does not mean that: (1) we approve or endorse the content of the bookmarks, (2) the bookmarks comply with all applicable laws, or (3) you will not incur any liability or harm arising from the bookmarks.

Furthermore, you agree to refrain from using Lamcraft Digital Memories, your memorial bookmarks created by the Website, or images of these memorial bookmarks in any manner that would cause damage to the public reputation of Lamcraft, Inc., its employees or owners. In the event that you use or publicly display your memorial bookmarks (produced by Lamcraft Digital Memories), including my display on the Internet, in order to intentionally bring harm to Lamcraft, Inc., its employees, officers or owners. Lamcraft, Inc. reserves the right to pursue any and all remedies available to Lamcraft, Inc. under the law.

Privacy
Lamcraft, Inc. has a firm commitment to safeguarding your privacy.
Please review the Lamcraft, Inc. Privacy Policy. The terms of Lamcraft, Inc. Privacy Policy are incorporated into, and considered part of, these Terms.

Compliance of the Law
You agree that you will use the Website and any memorial bookmarks created with the Editor, thereon at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, and ordinances, and will not take any action that harms or violates the rights of any person or entity.

Indemnity
You agree to indemnify and hold Lamcraft, Inc., and its subsidiaries, affiliates, officers, employees, agents, printers, contractors, vendors, co-branders, suppliers, Internet service providers, and partners harmless from any loss, costs, claim, demand or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of your use of the Website, your content and/or images, your use of the bookmarks, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person.

Third Party Links
This Website may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns.

Proprietary Rights
This Website, the www.lamcraftdigitalmemories.com service, and all software, systems and processes used in connection with the Website and service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and pending US patent applications.

Disclaimer of Warranties
THE PRODUCTS, SERVICE, WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH WWW.LAMCRAFTDIGITALMEMORIES.COM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAMCRAFT, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LAMCRAFT, INC. MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAMCRAFT, INC. MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED, OR OBTAINED THROUGH THIS WEBSITE OR ADVERTISED THROUGH THIS WEBSITE.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LAMCRAFT, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF LAMCRAFT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Amendment of the Terms
We reserve the right to amend these terms from time to time at Lamcraft, Inc. with our sole and absolute discretion. If you continue to use the Website and the services offered therein after any such changes, you will be deemed to have accepted those changes.

Applicable Law and Jurisdiction
These terms shall be governed by and construed in accordance with the laws of the State of Missouri.

General Information
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. We may assign our rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by your or others does not waive our right to act with respect to subsequent or similar breaches.
All items purchased through lamcraftdigitalmemories.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of our carrier. If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this online memorial bookmark service, and supersede all other communications, written or oral, with regard to the service.