User Agreement

What this Agreement Covers

This Agreement governs your use of the Site and the SweetPNG.com 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.

Content Guidelines

Click Here to view our Content Guidelines.

Privacy Policy

Click Here to view our Privacy Policy.

Anti-Sweat Shop Policy

SweetPNG.com supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. SweetPNG.com relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.

Payment Policies

SweetPNG.com accepts online or telephone payment via credit card, debit card, or paypal. All payments sent electronically are securely transmitted.

Shipment/Delivery Times

Sweet PNG’ orders are  digital downloaded delivered immediately upon completion of order.

Returns/Cancellation Policy

SweetPNG.com does not permit refunds as all files are digital downloads and can not be refunded. All sales are final.

Intellectual Property Right of of SweetPNG.com, Claims and Third Parties

Sweet PNG and Design respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of SweetPNG.com, please provide written notice to the following agent for notice of claims of infringement:

Sweet PNG
1395 East Cobb Drive #71957
Marietta, GA 30007
(877) 691-7728
contact@sweetpng.com

In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.

SweetPNG.com 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 SweetPNG.com Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by SweetPNG.com.

SweetPNG.com is the owner of the SWEET PNG trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by SweetPNG.com from Institutions and other third parties (the “Licensed Marks”). By using the SweetPNG.com Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. SweetPNG.com will notify you of such terms if your usage is in violation of such terms.

Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact SweetPNG.com and verify the legality of reselling such products prior to doing so. 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. SweetPNG.com retains the right to display such designs or offer them (or variations of such designs) to other customers.

Additionally, SweetPNG.com has the sole discretion to reject any order that it considers libelous, 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, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for SweetPNG.com production.

You agree to not use SweetPNG.com’s Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, 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.

Indemnity

You agree to defend, indemnify and hold SweetPNG.com 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 SweetPNG.com’s Site and the Service, your violation of this Agreement, or your violation of any rights of another.

 

  1. Acceptance of these Terms

By using or visiting the SweetPNG website located at SweetPNG.com (“SweetPNG”) or any SweetPNG products and services provided to You from or through the SweetPNG website (collectively the “Service”) You signify Your agreement (whether on behalf of Yourself or the entity that You represent) to the terms and conditions (“Terms of Service”) herein and SweetPNG’s Privacy Policy, found at https://SweetPNG.com/privacy-policy, incorporated herein by reference.

If you do not agree to any of the terms in this Terms of Service, please do not access and/or use the Service.

You may not access or use the Service if you are not at least the legal age of your country of residence.

SweetPNG may, in its sole discretion, modify or revise these Terms of Service at any time, and You agree to such modifications or revisions by Your continual usage of the Service. Nothing in these Terms of Service shall be deemed to confer any third party rights or benefits.

  1. Definition
  1. “Bundle” – A collection of carefully handpicked and curated Items that are grouped together for your convenience.
  2. “End Product” – Artwork or derivative product created by You using independent skill and effort that incorporates the Item with any other design elements where the Item cannot be extracted or separated from the End Product.
  3. “Item” – fonts, craft / cut files, graphics, templates and/or a combination of any such design elements downloadable from our website.
  4. “Project” – Project means an undertaking of creating End Product(s) for Yourself or a third party under one same concept.
  5. “Personal Use” – Using Items in a manner that (i) does not generate any monetary gain to Yourself or any third party; (ii) is not meant to entice sales; and (iii) is not used in premises, platform or event which is related to any business, community or non-profit organizational purposes.
  6. “Commercial Use” – Using Items in a manner that would result in or is intended for receiving any form of remuneration, procuring sales or commercial exposure for Yourself, Your client or any third party. This includes any other usages which do not fall under Personal Use.
  1. Service

These Terms of Service set forth the legally binding terms and conditions that apply to all users of the Service, including users who contribute content on the Service.

  1. Accounts

In order to use certain features of the Service, You will need to register for an account (“Account”) and provide accurate and complete information.  You represent that (a) all information submitted by You is truthful and accurate; and (b) You will maintain the accuracy of such information. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure. You must immediately notify SweetPNG of any unauthorized use of Your Account or any breach of security. SweetPNG will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for the losses of SweetPNG due to such unauthorized use.

You may delete Your Account at any time, for any reason, by following the instructions on the Service. SweetPNG may terminate Your Account in the event You have breached these Terms of Service.

  1. Restriction of Use

You agree to not share, distribute, transfer or resell the Items to any third party. Third parties / customers shall purchase the Items if they wish to edit the mock-up of the End Product You are creating on their behalf. You shall only give Your clients the flattened Items.

For clarity, You are not allowed to use the Item on an “AS IS” basis under the commercial usage, as this would be treated as reselling of our Items and infringing these Terms of Service. Notwithstanding the above however, fonts and craft files (in its physical form only) shall be allowed to be used under a commercial license as below :-

Fonts

  • on an “AS IS” basis;
  • flattened or outlined; and
  • not include the original OTF/TFF files.

Craft Files (Physical form)

  • shall only used on an “AS-IS” basis

A further elaboration on the permitted usages for the respective Items are more particularly described under Clause 8.

You are not allowed to register the Items or End Products incorporating the Items (i.e. logo design, brand symbol) as trademark in any territory. You are only licensed with non-exclusive rights to use the items, therefore the same Items may be used by other parties as well.

You should create original End Products wherein the Items should be redesigned by making major changes to the Items. You should create a new derivative work which is distinguishable from the original Item. Please bear in mind that there are other third parties who will be using the same Item and therefore You will need to ensure Your End Products are as unique as possible to avoid competition or being accused of plagiarizing.

You further agree to not allow the Items to be extracted, accessed or downloaded by anyone other than Yourself.

  1. Access to the Service

SweetPNG hereby grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Service, provided that:

  • You shall not license, sell, rent, lease, transfer, assign, distribute, host, giveaway in any social media groups free or as prizes or otherwise commercially exploit any part of the Service, or any content displayed on the Service without SweetPNG’s prior written authorization.
  • You shall not modify or alter any part of the Service.
  • You shall not access the Service through any technology or means other than the technology provided on the Service, or other authorized means SweetPNG may designate.
  • You shall not sell access to the Service, or sell advertising, sponsorships or promotions within the Service of the content on the Service without SweetPNG’s prior written approval.

SweetPNG reserves the right at any time, to modify, suspend or discontinue the Service with or without notice to You. You agree that SweetPNG will not be liable to You or to any third party for any modification, suspension or discontinuation of the Service. You further agree that SweetPNG will have no obligation to provide You with any support or maintenance in connection with the Service.

Unless otherwise indicated, any future release, update or other added functionality of the Service shall be subject to these Terms of Service.

You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Service in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes.

Except as otherwise expressly stated herein, SweetPNG and the Items are made available on an “AS-IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. Except as otherwise expressly stated herein, SweetPNG, its employees, directors, and officers, and anyone else associated with SweetPNG disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that Your usage of SweetPNG will be uninterrupted, error free of computer viruses or other damaging materials. When any Items or the website is accessed and used, You do so at Your own risk. SweetPNG, its employees and officers, and anyone else acting on behalf of SweetPNG also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. SweetPNG, its employees, directors, officers and anyone else associated with or acting on behalf of SweetPNG make no representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition.

  1. Ownership

You acknowledge that all trademarks, service marks, copyrights and logos (“Marks”) on the Service are owned by SweetPNG or licensed to SweetPNG. Neither these Terms of Service nor Your access to the Service transfers to You or any third party any rights, title or interest in or to such Marks, except as otherwise provided in these Terms of Service.

  1. Permitted Usage

You may subject to these Terms of Service, use the Items for commercial or personal use, subject to the following permitted usage.

Items Permitted Usage
Fonts
  • Unlimited projects with unlimited views/prints/sales.
  • Fonts can be printed on physical products (such as t-shirt, mugs and shoes) with unlimited print run. Under the Commercial Use, such physical products can be sold.
  • Fonts can be converted into graphics for re-sale, provided only flattened un-editable graphics are included. Secondly entire alphabetical letters (i.e. A to Z) and/or numerical digits (i.e. 0 to 9) should not be converted. Only quotes or expressions are allowed for conversion.
  • You are not allowed to share, resell or distribute Fonts on a standalone basis or include Fonts in the sale of template products (e.g. a website theme or logo template).
  • Fonts shall only be used as a design element of an End Product. Fonts shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our fonts into an application that allows You to select our Fonts to make Your own T-Shirt design is strictly prohibited.
  • You may digitize Fonts for embroidery purpose provided that the entire alphabetical letters (i.e. A to Z) and/or numerical digits (i.e. 0 to 9) are not converted and only Fonts used in the form of quotes or expressions can be digitized.
  • Fonts can be used for any Print On Demand (POD) sites, (e.g. Amazon, Zazzle, etc.) provided that the entire alphabetical letters (i.e. A to Z) and/or numerical digits (i.e. 0 to 9) are not converted.
Graphics
  • Unlimited projects with unlimited views/prints/sales.
  • Graphics are referred to as non-cut or craft related files. E.g. a pack of 100 floral elements or a collection of cute animal illustrations.
  • Graphics used to create End Products must be used with other design elements to create a distinctive new design that does not completely resemble the Graphic used. The original Graphic file used to create the End Product cannot be extracted or separated by the customer when the End Product is being sold to the customer via electronic means. The customer is only permitted to use the said End Product, but not the original Graphic file.
  • Graphics cannot be converted into other formats (SVG, EPS etc.) and subsequently sold or distributed.
  • You are not allowed to share, resell or distribute Graphics on a standalone basis or include Graphics in the sale of template products (e.g. a website theme or logo template).
  • Graphics shall only be used as a design element of an End Product. Graphics shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our Graphics into an application that allows You to select our Graphics to make Your own T-Shirt design is strictly prohibited.
  • Graphics can be uploaded to any Print On Demand (POD) sites, (e.g. Amazon, Zazzle, etc.) as long as it has been combined with other elements to create a significantly new design as a flattened end product.
Patterns
  • Patterns are allowed to be printed directly onto physical products without alteration.
  • Patterns used to create digital End Products must be used with other design elements to create a distinctive new design that does not completely resemble the Pattern used. The original Pattern file used to create the End Product cannot be extracted or separated by the customer when the End Product is being sold to the customer via electronic means. The customer is only permitted to use the said End Product, but not the original Pattern file.
  • Patterns cannot be converted into other formats (SVG, EPS etc.) and subsequently sold or distributed.
  • You are not allowed to share, resell or distribute Pattern on a standalone basis or include Pattern in the sale of template products (e.g. a website theme or logo template).
  • Patterns shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our patterns into an application that allows You to select our Pattern to make Your own T-Shirt design is strictly prohibited.
Craft / Cut Files
  • 10 different types of End Products for each craft / cut file with unlimited prints. E.g. when the same Item is incorporated on a water bottle and a phone casing, we consider such usage as 2 distinct End Products.
  • Further customization for Your clients (i.e. personalize a birthday board, adding initials to a monogram frame) is allowed.
  • Craft / cut files are created purely for the end customer. Craft / cut files are not for designers to use as a design element to create a new End Product in digital form for sale.
  • Craft / cut files used for End Products must be individually handmade and may not be used for mass production of End Products for large-scale commercial gain.
  • Craft / cut files are not allowed to be used or uploaded to any Print On Demand (POD) sites, (e.g. Amazon, Zazzle, etc.).
  • Craft / cut files cannot be converted into other formats (e.g. SVG, EPS, CSD, PES, JEF, XXX etc.) and subsequently sold and/or distributed.
Mock-ups & Templates
  • Mock-ups & Templates used to create End Products must be used with other design elements to create a distinctive new design that does not completely resemble the Mock-ups & Templates used. The original Mock-ups & Templates used to create the End Product cannot be extracted or separated by the customer when the End Product is being sold to the customer via electronic means. The customer is only permitted to use the said End Product, but not the original Mock-ups & Templates file.
  • You are not allowed to share, resell or distribute Mock-ups & Templates on a standalone basis or include Mock-ups & Templates in the sale of template products (e.g. a website theme or logo template).
  • Mock-ups & Templates shall only be used as a design element of an End Product. Mock-ups & Templates shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our Mock-ups & Templates into an application that allows You to select our Mock-ups & Templates to make Your own T-Shirt design is strictly prohibited.

 

  1. User-Generated Content

This website may include information and materials uploaded by other users of the site, including access to community features or functionality. The relevant user shall be solely responsible for User-Generated content and the relevant user assume all risks associated with the use of User-Generated content, including any reliance on its accuracy, completeness or usefulness by others.

Except for Personal Use, we expect You to create original End Products wherein the Item should not be redesigned by only making slight / minor changes to the Items. You should create a new derivative work which is distinguishable from the original Item. Please bear in mind that there are other third parties who will be using the same Item and therefore You will need to ensure Your End Products are as unique as possible to avoid competition or being accused of plagiarizing.

You further agree that SweetPNG is not responsible for the accuracy, currency, suitability, or quality of any User Content, whether provided by You or by other users. Any interaction between users are solely within the users and SweetPNG will not be responsible for any loss or damage incurred as the result of such interactions.

  1. Your Content

“Your Content” means any and all information and content that You submit, or use with the Service (including content found on Your profile or posts).

As an Account holder, You may submit Your Content on the Service. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.

You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant SweetPNG an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

You further agree that SweetPNG is not responsible for the accuracy, currency, suitability, or quality of any User Content, whether provided by You or by other users. Any interaction between users are solely within the users and SweetPNG will not be responsible for any loss or damage incurred as the result of such interactions.

  1. Third Party Links and Advertisements

The Service may contain links to third party websites and/or advertisements for third parties. These websites and advertisements are not owned or controlled by SweetPNG and assumes no responsibility for the content, privacy policies, or practices of these websites and advertisements. In addition, SweetPNG will not and cannot censor or edit the content of any third-party website. By using the Service, You acknowledge and agree that SweetPNG shall not be responsible for Your use of any third-party website. Your use of all third party websites and advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third party websites and advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such websites and advertisements.

  1. Intellectual Property Rights

You further agree that You are obtaining only a limited license to use and access the Service expressly set forth in Section 6 and that no ownership rights are being conveyed to You. SweetPNG retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service, all related and underlying technology and documentation, and any derivative works or modifications. Further, You agree that the Service is offered as an on-line, hosted solution, and that You have no right to obtain a copy of any code underlying the Service. You may submit comments, questions, suggestions or other feedback relating to SweetPNG (“Feedback”) and You agree that SweetPNG may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions You provide to SweetPNG regarding the Service, without any obligation, royalty or restriction based on intellectual property rights or otherwise.

  1. Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any Content on our Service infringes upon your copyright and wish to have the alleged infringing material removed, you may submit a notification to us with the following information in writing at contact@SweetPNG.com:

  • A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
  • Information to enable us to contact you, such as an address, telephone number or email address;
  • A statement that you have 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; and
  • A statement that the information submitted in the notification is accurate, and under penalty of perjury, that you are the copyright owner or a person authorized to act on behalf of the copyright owner.
  1. Aggregated Anonymous Data

Notwithstanding anything to the contrary herein, You agree that SweetPNG may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Service, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Service, and/or the development of other products or service capabilities.  You further agree that SweetPNG may disclose to third parties aggregate data derived from customer data or from any other data related to the Service (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws.  Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by SweetPNG from or with use of such data will be, in each case, the sole and exclusive property of SweetPNG; and You hereby assign all of Your title and interest, if any, in and to such items to SweetPNG without any fees and without rights to future royalties.

  1. Account Termination Policy

Subject to this Section, these Terms of Service will remain in full force and effect while using the Service. SweetPNG will terminate Your access to the Service if, under appropriate circumstances, You are determined to be a repeat infringer.

SweetPNG reserves the right to decide whether Your Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. SweetPNG may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate Your account for submitting such material in violation of these Terms of Service.

  1. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SWEETPNG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SWEETPNG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. SWEETPNG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SWEETPNG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE SITE AND/OR SERVICE, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.

  1. Limitation of Liability

IN NO EVENT SHALL SWEETPNG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT SWEETPNG SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SweetPNG.com will be responsible for acting only on those instructions sent to SweetPNG.com 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. SweetPNG.com 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. SweetPNG.com 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”. SweetPNG.com 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 SweetPNG.com 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 SweetPNG.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

  1. Assignment

The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by SweetPNG without restriction.

  1. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of Georgia and, where applicable, by federal law.

  1. Entire Terms

These Terms of Service constitutes the entire agreement between You and SweetPNG regarding its subject matter. Should any provision of these Terms of Service be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms of Service will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision.

  1. Severability

Unless as otherwise stated in these Terms of Service, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service, and the application of that provision shall be enforced to the extent permitted by law.

  1. Language

These Terms of Service are written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms, the English version shall prevail.

  1. Electronic Communications

You agree that the communications between You and SweetPNG uses electronic means. For contractual purposes, You (a) consent to receive communications from SweetPNG in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SweetPNG provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.

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