User Agreement
Introduction
Welcome to SG Creations! Please read these Terms of service carefully as they contain the legal terms and conditions that you agree to when you use the service provided by SG Creations.
What this Agreement Covers
This Agreement governs your use of the Site and the SG Creations service (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) 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 SG Creations and Third Parties
SG Creations 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, illustrations, designs, icons, photographs and written and other materials that appear on the SG Creations Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by SG Creations.
Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. SG Creations retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, SG Creations has the sole discretion to reject any order that it considers libellous, 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, disability or national origin, containing explicit sexual content or is otherwise inappropriate for SG Creations production.
You agree to not use SG Creations's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, 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.
Payment Policies
SG Creations accepts online payment via credit card or debit card. All payments sent electronically shall be securely transmitted using Secure Socket Layer ("SSL") technology.
SG Creations may also accept payment via check or purchase order. Qualified Institutions (such as Purchasing Offices) wishing to establish group accounts and utilize purchase orders may set up special payment options by contacting SG Creations.
SG Creations will begin processing orders immediately upon verification that payment has been received.
Limit of SG Creations's Responsibility
SG Creations will be responsible for acting only on those instructions sent to SG Creations 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. SG Creations 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. SG Creations 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". SG Creations 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 this 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, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will SG Creations be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if SG Creations, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Indemnity
You agree to defend, indemnify and hold SG Creations 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 SG Creations's Site and the Service, your violation of this Agreement, or your violation of any rights of another.
Governing Law
All legal proceedings shall be subject to the jurisdiction of the courts in Tirupur, India and shall be governed by and construed in accordance with the laws of India and you agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Tirupur, India.