Acceptance of Terms
Welcome to the MakeToteBags (“MakeToteBags”) website, which is located at www.MakeToteBags.com (the “Website”) under QP Printing Limited. This Terms of Service (“TOS”) govern the use of the Website and any of the MakeToteBags services. By entering and using the Website, you indicate that you accept and agree to be bound by this TOS. If you do not agree with this TOS, do not access or use this Website. At MakeToteBags’s sole discretion, this TOS may be changed at any time without prior notice. You are responsible for reviewing this page regularly to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of the new TOS.
Content means any photographs, graphics, images, text, message, creative material, links, comments, and other content that uploaded and/or generated by you (Collectively, Content) through the use of this Website. You understand that you are solely responsible for any Content you upload, create, post, email, process, store or otherwise make available through your use of the Website and that neither MakeToteBags nor any other party involved with the production of any product has no responsibility or liability of any type with respect to such Content. Moreover, you understand that you may be exposed to Content that you consider offensive and you take sole responsibility for such exposure.
Terms of Membership
In order to create a member account, you must be at least 13 years of age. By registering, you represent to MakeToteBags that you are at least 13 years old. If you are not at least 13 years old, do not set up an account with MakeToteBags.
A benefit of registered members is the ability to store your image files and design projects before making a purchase. MakeToteBags offer free and unlimited storage of Content to members who maintain “Active Participation”. “Active Participation” is defined as making a purchase through the Website at least once every 365 days. If your Membership is inactive for a period of over 365 days, MakeToteBags may remove and discard all Content uploaded by you or otherwise made available by you within the Service. You should always preserve your original Content, or make back-up copies of such Content on your personal system and MakeToteBags shall have no responsibility for the loss, destruction or deleted Content.
Use of the Website
You must comply with all of the terms and conditions of this TOS when you use this Website. To use this Website,
- You may not cause harm to the Website or to any of the MakeToteBags services including, without limitation, by means of hacking defacement;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, or other destructive items to interfere with the MakeToteBags and its Service;
- You may not frame the Website within another website without MakeToteBags’s written consent;
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Website without MakeToteBags’s written consent;
- Violates or otherwise encroaches on the right of others including but not limited to rights of privacy, or publicity and intellectual property;
- Collect information about users, including email addresses, without their consent or sends any form of advertising, mass communication, or solicitation to MakeToteBags’s users
MakeToteBags has the sole discretion to (i) cancel your order, transaction, and shipment at any time; (ii) terminate your access to the Website that violates this TOS or the copyrights or other intellectual property rights of any third party, with or without notice to you, You acknowledge and agree that MakeToteBags may preserve and disclose Content and your information if required by law.
You acknowledge and agree that you are legally responsible for all actions and communications engaged under your account. MakeToteBags takes no liability and responsibility for any Content and communications submitted under your account. You acknowledge and agree to waive any claims against MakeToteBags and its affiliates based on or related to the Content and communications submitted on to the Website under your account.
MakeToteBags solely and exclusively owns all intellectual property and other rights, title and interest in and to the MakeToteBags Website and its service, except as expressly provided for in these TOS. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by MakeToteBags. Subject to and conditioned upon your compliance with this TOS, MakeToteBags grants to you a non-exclusive, non-transferable, without right of sublicense, to access and use the Website and its Content, for the sole purpose of your own personal, non-commercial use. NO Content from this Website includes but not limited to: image headers, buttons, icons, text, graphics, logos, trademarks, coding and user-interface may be downloaded, used, published, distributed, copied or retransmitted without expressly permitted by MakeToteBags.
You retain all ownership of Content you submitted to the MakeToteBags. By submitting Content to MakeToteBags, You hereby grant MakeToteBagsand/or a third party subcontractor/ partner a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content, solely for the purposes of enabling you to use our service and/or to process, produce and deliver your product(s). However, by submitting or communicating Content on areas of the service including but not limited to questions, e-mails, surveys, comments, suggestions, reviews, and/or other written information to MakeToteBags, you assign, grant and transfer all intellectual property rights of such Content to MakeToteBags. MakeToteBags may use, copy, publish, share, implement, and transfer such Content for internal use, marketing, advertising and in any way and for any purpose as MakeToteBags may decide at its sole discretion.
MakeToteBags respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may contact us here: [email protected]
Third-Party Websites, Software and Services
Web Addresses (URLs)
MakeToteBags may provide you with access to and use of certain personalized pages and the corresponding web addresses (URLs). However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to revoke, reclaim, suspend, and/or transfer any such web page or URL.
MakeToteBags warrants product(s) to be in good condition and free from defects in material and workmanship for a period of 10 days from arrival. MakeToteBags’s liability shall as limited to repairing or replacing, at its option, any defective product which is returned. For product returns, you are responsible for any shipping charges, custom fees and risk of loss or damage during transit to MakeToteBags. Products which have been subjected to abuse, misuse, alteration and modification as determined solely by MakeToteBags, are not covered by this warranty.
Limitation of Liability
MakeToteBags will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages (including damages relating to data loss or loss of goodwill) arising out of or relating to the use of the Website and MakeToteBags service. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
The ownership, risk of loss, right to possession and title to product(s) shall pass to you upon shipment by MakeToteBags to our carrier.
You acknowledge that this TOS shall be governed by the law of Hong Kong, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by MakeToteBags. This TOS may not be modified, altered or amended without the written agreement of MakeToteBags.
If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be Severable.
You may not assign this TOS without MakeToteBags’s prior written consent. MakeToteBags is the intended beneficiaries of this TOS. If there is any inconsistency between this TOS and other TOS included with or relating to products purchased from this Website, this TOS shall take precedence.
Please send any questions or comments regarding this site to:
Flat J, 21/F, Kings Wing Plaza 2, No. 1 On Kwan Street, Shek Mun, Shatin, New Territories, Hong Kong