Terms and Conditions

Before using any of CuSTEMized's services, you are required to read, understand and agree to these terms. The following document outlines the terms of use of the CuSTEMized website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us. You may only use CuSTEMized's services after reading and accepting these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.

The web pages available at CuSTEMized.org and all linked pages, herein referred to as the "Site", are owned and operated by CuSTEMized and is accessed by you under the Terms and Conditions of Use described below, herein referred to as "Terms." Please read these terms carefully before using the services. By accessing the Site, viewing any content or using any services available on the Site (as each is defined below) You are agreeing to be bound by these Terms, which together with our Privacy Policy, governs our relationship with You in relation to the Site. If You disagree with any part of the Terms then You may not use the Site or its Services.

By using CuSTEMized's website you agree to all the terms below.

The Site enables the generation of custom books and other graphical content for download and acquirement ("Services"). Services include, but are not limited to, any service and/or content CuSTEMized makes available to or performs for You, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content ("Content") includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software. Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of CuSTEMized. CuSTEMized reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. CuSTEMized may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of generated content and you are directed to retain your own copies of all Content generated on the Site.

We allow you to make customized books and pictures. We will develop more customizable goodies in the future. At times, things can go wrong and service may be interrupted. Sorry in advance if that ever happens.

CuSTEMized, CuSTEMized.org and other CuSTEMized graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of CuSTEMized and may not be used in connection with any product or service without the prior written consent of CuSTEMized. All images, text, and content within generated materials are copyrighted and remain the sole property of CuSTEMized. You are herein granted a exclusive, non-transferable worldwide license to use generated content for personal and non-commercial uses only. All rights are reserved unless otherwise granted to You. Your rights to use generated materials are subject to restrictions specified.

Please respect our trademarks and copyrights. When you make customized books and pictures, feel free to share and print them for personal use only.

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not CuSTEMized are entirely responsible for all Content that you post, or otherwise submit to the Site. CuSTEMized does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by CuSTEMized. By way of example, and not as a limitation, you agree not to use the Services: With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; To abuse, harass, threaten, impersonate or intimidate any person; To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person; To promote or sell Content of or to another person; For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services.

Please don't do bad things. Be reasonable and responsible.

You hereby expressly and irrevocably release and forever discharge CuSTEMized, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services. You hereby agree to indemnify and hold harmless CuSTEMized, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person, (iii) the purchase of products, or (iv) any violation of any rights of a third party.

We are not liable if something goes wrong.

In no event shall CuSTEMized be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Again, we are not liable.

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind CuSTEMized in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. CuSTEMized shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CuSTEMized's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. CuSTEMized may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Massachusetts and the United States of America, as if made within Massachusetts between two residents thereof, and the parties submit to the exclusive jurisdiction of Massachusetts courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Things out of our control can happen. We are not responsible.

CuSTEMized reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, CuSTEMized will notify you by posting an announcement on the site. What constitutes a material change will be determined at CuSTEMized's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Terms of use may change.

These Terms and Conditions are effective as of January 1, 2014

Effective January 1, 2014