Terms & conditions

By visiting any of any website or accessing any account (collectively, our “Sites”) that link to these terms of use (these “Terms”) whether maintained or provided by Fusion or an affiliate of Fusion (“we”, “us”, or “our”), you, as a visitor to or user of the Sites, are agreeing to these Terms and Privacy Policy, which is incorporated into these Terms. Any products ordered or services used through any of our Sites are also governed by these Terms. We may revise these Terms from time to time by posting a revised version. Your continued use of any of the Sites after we post any changes will constitute your agreement to the changes. In addition, by ordering products or using services, you acknowledge that you have read, reviewed, and agreed to these Terms.

1. YOUR USE OF THE SITES

You may access and use our Sites solely for your personal, noncommercial use. Except as expressly authorized hereunder, our Sites may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written consent in each circumstance. We reserve the right to change, take down, or restrict access to our Sites, in whole or in part, at any time in our sole discretion.

We are granting you the right to access and use our Sites, including any images, text, graphics, data, hyperlinks and other materials incorporated into our Sites, solely as made available by us and solely for your own personal purposes; however, any such rights may be revoked by us at our sole discretion at any time, including if we become aware or suspect you are violating these Terms. No ownership or, unless otherwise included in these Terms or pursuant to the terms of a purchase of products, no rights whatsoever are passed, transferred, or granted to you, for of any portion of our Sites, including any images, text, graphics, data, hyperlinks and other materials incorporated into our Sites, through the use of or access to our Sites or use of services therein.

Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites or create derivative works of any portion our Sites without our prior written consent in each circumstance. While using any of our Sites, you agree not to:
• Access or attempt to access images that are not your images or accounts that you do not own, unless given permission by the image subject (or, in the case of a minor, the image subject’s parent or legal guardian);
• Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
• Violate any applicable laws or regulations;
• Upload to, transmit through, or display on any of our Sites (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, or other unsolicited commercial communication;
• Use our Sites to store, transfer, or distribute content of or on behalf of third parties, to operate your own file storage application or service, or to operate a photography business or other commercial service;
• Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites;
• Crawl, scrape, or spider any portion of our Sites;
• Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites;
• Display any nude person regardless of age; and
• Upload photographs of people who have not given permission for their photographs to be uploaded or shared.

2. YOUR ACCOUNT

You may create an account with any of our Sites by registering your name, providing certain information we require, and creating a password. You agree that you will provide complete, current and accurate information you agree to keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your account on our Sites. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must immediately notify us of any unauthorized use of your account on any of our Sites.

In order to create an account with any of our Sites, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Sites.

3. PURCHASES OF PRODUCTS OR USE OF SERVICES

If you wish to purchase any products or services through any of our Sites, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION ON YOUR ACCOUNT. You agree to pay all charges incurred by you or via your account and any credit card (or other applicable payment mechanism) on your account. You are responsible for paying any applicable taxes relating to your purchases.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice. You acknowledge and agree the actual color of any products or descriptions you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Sites at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Sites. We reserve the right to, without prior notice, limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

The personalized products we offer are made to order, and we reserve the right to charge your payment account method immediately when you place your order for such products. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you).

4. THIRD-PARTY SITES, SOFTWARE AND SERVICES

Our Sites may link to other sites or software owned and/or operated by third parties and other sites may provide links to our Sites with or without our authorization. We do not endorse any third party sites, and are not and will not be responsible or liable for any links from our Site to or from those sites to our Sites, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

5. MATERIALS SUBMITTED BY USER

Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
• You retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services.
• Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of our Sites are not proprietary to you, and the rights to such template or layout will remain with us.
• You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials do not otherwise violate these Terms.
• You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Submitted Materials.
• You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
• User Submitted Materials that violate these Terms may be removed from our Sites at any time at our sole discretion; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites.

6. COPYRIGHT AND TRADEMARK ISSUES

While we are not obligated to review User Submitted Materials for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Sites to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

DMCA Take-Down Notice
If you believe in good faith that any material used or displayed on or through our Sites infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites;
(d) the name, address, telephone number and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law (e.g., as a fair use); and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Counter-Notice
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.
A counter notice must include all of the following information:
• Your signature, which may be provided electronically by typing your name
• Identification of the material that has been removed or to which access has been disabled. For listings, please provide the listing URL to each item before it was removed or disabled
• A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
• Your name, address, telephone number, and email address.
• A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in the County of Chatham, State of Georgia, and that you will accept service of process from the person who provided the original notification or an agent of such person

If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice. Fraudulent or abusive counter notices or other misuse of our Intellectual Property Policy may result in account termination or other legal consequences.

DMCA notices and counter-notices regarding our Sites, or notices concerning trademark use in personalized products we make or in our Sites, should be sent to:

Peleman Industries, Inc.
Attn: Customer Service
11820 Wills Rd, Suite 100
Alpharetta, GA 30009
Email: support@peleman.com

7. DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DEPENDING ON YOUR LOCATION, CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE OR MAY BE DEEMED TO CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

8. INDEMNIFICATION

You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, reasonable attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE “FUSION PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE FUSION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMMERCIAL ACCOUNT CONTENT OR DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT THE FUSION PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE FUSION PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SERVICES IS TO STOP USING OUR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE FUSION PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCTS OR SERVICES. DEPENDING ON YOUR LOCATION, CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

10. FEEDBACK

Any ideas or suggestions that you submit as feedback, suggested improvement, or statement that you otherwise believe to result in a change to our Sites or used otherwise by us, will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us.

11. MISCELLANEOUS

These Terms or any dispute arising from these Terms is governed by the laws of Georgia, without regard to provisions of conflicts of law. Any lawsuit arising from or related to these Terms shall be brought exclusively before the United States District Court for the County of Chatham, Georgia and you hereby consent to the jurisdiction of such court. These Terms constitutes the entire agreement between you and us with respect to the Site and Content and supersedes and replaces all prior agreements. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid illegal, invalid, or unenforceable, then all other provisions shall remain in full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

12. TERMINATION

Either you or we may terminate your access to our Sites and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Sites will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, we may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Sites and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.