Hismith welcomes all of the valued customers, visitors and users of hismith.com. You (referred to herein as "the customer", "you" "your(s)" or "user") agree that your use of such services is at your own risk. Please review the following basic rules that govern your use of our website. Please note that your use of our website constitutes your agreement to follow and be bound by those rules.
We may change, move or delete portions of, or may add to, our website from time to time. We may from time to time change the rules that govern your use of our website. Your use of our website following any such change constitutes your agreement to follow and be bound by the rules as changed.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
COPYRIGHTS, TRADEMARKS & RESTRICTIONS
The material included herein, including site design, text, graphics, and the selection and arrangement thereof are copyrighted © by hismith.com®, other trademarks and all page headers, custom graphics, and custom icons are service marks and trademarks of Hismith. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the "Materials") are the property of Hismith and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Hismith and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Site (or any other website owned or operated by Hismith or its subsidiaries or affiliates) without Hismith's prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with Hismith or applying for credit. Printing Materials for any other reason or transferring Materials for use on any other website, or the modification, distribution or republication of Materials without Hismith's prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of Hismith or third parties.
Hismith is not responsible for the content of any unaffiliated websites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from Hismith, and Hismith has no control over the content of that other website. In addition, a link to any other website does not imply that Hismith endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Hismith of that third party or of any product or service provided by a third party.
Hismith is concerned about privacy matters for its customers. To learn more about how we protect customer information, please review our Privacy Statement .
PRODUCT AND SERVICES INFORMATION
Prices shown on the Site apply to products and services on the Site. Price and availability are subject to change without notice.
We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.
The receipt of an email order confirmation is simply recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Hismith's copyright agent (identified below) and provide the following information: A clear statement identifying the works, or other materials believed to be infringed.
A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.
Sufficient information about the location of the allegedly infringing Materials so that Hismith can find and verify its existence.
Your name, telephone number and e-mail address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Please contact Hismith’s agent via: Service@hismith.de for notice of copyright issues.
By processing and submitting your Hismith® Copy & Print Center order on the Site:
You represent and warrant to Hismith, its officers, directors, employees, agents, successors, subsidiaries, agents, distributors, affiliates and third parties providing information or services on the Site (collectively, the "Hismith Parties"), that you own and possess all rights or own sufficient rights of third parties necessary to copy, produce, print or imprint each and every document or other item and portion thereof you submit.
You agree and covenant that at Hismith' request, and without further consideration, you will promptly provide Hismith with reasonable evidence of such adequate and enforceable rights of third parties (i.e. consents, approvals, licenses or sublicenses), and agree that Hismith may provide a copy of these T&C to anyone claiming an infringement of copyright/trademark in your document or to law enforcement or other entities as required by law or as Hismith reasonably determines to be necessary to protect its rights or the rights of others.
CONDUCT OF USERS
You agree that you will NOT:
(i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or which Hismith considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable;
(ii) attempt to transmit any "virus", "trojan horse" or other software destruction or disruption device;
(iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner;
(iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
By using the Site, you agree to indemnify the Hismith Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to your breach or alleged breach of these T&C (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. Hismith reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISCLAIMER, LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY Hismith ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hismith MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
(1) THE OPERATION OF THE SITE,
(2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR
(3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THOSE DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Hismith IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THE Hismith PARTIES REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK.
NONE OF THE Hismith PARTIES IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE Hismith PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Hismith may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including without limitation, breach of these T&C. In the event these T&C are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in these T&C will survive termination. In the event that you are unsatisfied with the services provided by Hismith, your sole remedy is to terminate your use of the Site.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Hismith, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these T&C, please contact us via:Service@hismith.de