Terms of service: agreement between you and CustomBay to get involved and use this website and services.

Welcome to the CustomBay website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that we advise you carefully read our terms of service and are accepting our services under the terms of this agreement.

It is your obligation to keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions which may change from time to time.

1. CustomBay Services:

• Create, design, customize products that are listed in the CustomBay.net
• Save and share designs that your may have created.
• Use our fun pictures and design tools.
• Save created images and designs into public and personal galleries.
• Post your created images to social networks or blogs that you have the legal right to do so.

2. User's Obligations
2.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:

1. All telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
2. The use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
3. Complying with all laws, regulations and rules in the uses country or jurisdiction;
4. Complying with any recommendations or guidelines issued by CustomBay with respect to the use of the Website and/or services and ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

2.2 Restrictions on Users
Users shall not and has no right to do any of the following:

1. Reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person;
2. Or use either the Website to supply any service to any person; or modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
3. Access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either ;
4. Infringes the rights of any person, including, without limitation to, Intellectual Property Rights, trade secrets, rights of privacy and publicity;
5. Use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service;
6. Collect electronic mail addresses or other information from our Web site;
7. Impersonate another person or entity;
8. Engage in any activity that interferes with any persons ability to use or access the Website and/or services;
9. Assist procure or aid any person to engage in any activity prohibited by these Terms of Use;
10. Frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.

3. CustomBay obligations

3.1 Access to and use of the Website and Services

Under cicumstances where customer comply with and discharge each of its obligations under these Terms of Use, CustomBay shall allow user to access and use the Website and the services.

3.2 Privacy 

CustomBay may collect personal data concerning the user in the course of and incidental to users use of the

Website and services. CustomBay shall comply with, and user hereby consents irrevocably and unconditionally to

CustomBay collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may

be accessed through the link on the Website).

3.3 Modification of the Web Site

CustomBay reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. CustomBay shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

4. Intellectual Property Rights

4.1 Reservation of title
User acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. CustomBay grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by CustomBay; to compete with Piki Print; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, CustomBay may revoke the licence and deny access to and use of the Web site.

4.2 Prohibition on infringement
User acknowledges and agrees that CustomBay does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

4.3 Derivative material

Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery. In consideration of the authorisation granted under clause 4.1, User hereby grants to CustomBay an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.

5. Warranty

5.1 Users warranty

User represents and warrants to CustomBay that, in its use of the Website and the Services provided :

1. It will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and will comply with all applicable laws, rules, and regulations.
2. User further represents and warrants to CustomBay that: there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
3. CustomBay will not be required to make any payments or compensation to any person in connection with its use of such content; and such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

 5.2 CustomBaywarranty

CustomBay represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

6. Exclusion and Limitation of Liability
6.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:

• implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void;
• liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void;
• liability for fraud or deceit;
• liability for death or personal injury caused by the negligence of either party.

6.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall CustomBay be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused (in)directly by:

1. any third party;
2. actions of user that were not expressly authorised by CustomBay;
3. accident, misuse or abuse by anyone other than CustomBay;
4. alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than CustomBay;
5. products (including any hardware or software) or services not licensed or supplied by CustomBay;
6. power surge or failure,
7. events of force majeure or events outside CustomBay actual control;
8. any other condition not arising under normal operating conditions;

(b) any loss, cost, damage or expense of any nature arising or caused (in)directly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person;

(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that CustomBay has been advised of the possibility of any particular loss or damage.

6.3 Links

CustomBay may, in its sole and unfettered discretion and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that CustomBay is not responsible for the operation of or content located on any such website, and CustomBay cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against CustomBay for any damages or losses of any kind arising from the other website and/or the link.

6.4 Site Feedback

Any comments, suggestions, proposals or other feedback provided to CustomBayin connection with the operation or content of this Site shall be provided by the submitter and received by CustomBay on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of CustomBay. By submitting any such information to CustomBay , you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that CustomBay shall be free to use such information on an unrestricted basis.

6.5 Limitation of liability

Subject to Clause 6.1, and except to the extent specifically excluded under Clause 6.2 or elsewhere in these Terms of Use, CustomBay's sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Web site.