Bethany Linz was founded by Bethany in 2011.
1.2. Every offer of a Bethany Linz product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Bethany LinzTerms.
1.3. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Bethany Linz has not specifically rejected them.
1.4. Bethany Linz reserves the right to make changes to this Site and to these Bethany Linz Terms at any time without prior notice. You should review these Bethany LinzTerms each time you access this Site
Terms of SaleAll our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Bethany Linz is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.Copyrighted Materials for Limited Use3.1. This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Bethany Linz or the copyrighted property of parties from whom Bethany Linz has licensed such property. All rights in this Site and its Content are reserved worldwide.
3.2. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Bethany Linz Terms.
3.3. Bethany Linz reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Bethany Linz remain the property of Bethany Linz and its licensors.
3.4. The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. Bethany Linz reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Bethany Linz customers may use the design tools to create logos that have similar or identical combinations of these elements and Bethany Linz does not guarantee that your logo will not have similarities to logos designed and used by other parties. Bethany Linz provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
Use of our Site and its Content4.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Bethany Linz (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Bethany Linz does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Bethany Linz.
4.2. You agree to use this Site in a responsible manner that is in full compliance with these Bethany Linz Terms and with your local laws and regulations, including export and import regulations.
4.3. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.
4.4. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable.
4.5. Bethany Linz reserves the right, in Bethany Linz’ sole discretion, to refuse to accept any content provided by you to Bethany Linz or to process any order at any time and for any reason. Bethany Linz also may terminate its service to and/or the accounts of customers found to be using Bethany Linz to engage in undesirable activities or otherwise violating these Bethany Linz Terms. You agree that Bethany Linzshall have no liability of any kind to you or to any third party arising from such refusal or termination.
4.6. You are solely responsible for your use of Content in combination with any other images, graphics, text, or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorisations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products, including any third-party material made available via a third-party design service which may be accessed via the Site.
4.7. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorise Bethany Linz to produce the Products on your behalf. You grant Bethany Linz the right to copy, modify, distribute, use, create derivative works of and vectorise any content you have uploaded for the purpose of fulfilling your order and/or marketing products and services. Moreover, you warrant that you have sufficient rights to permit Bethany Linz to copy, distribute, use, modify, create derivative works of and vectorise any uploaded content for the purpose of fulfilling your order and/or marketing products and services.
Transfer of Title5.1. The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. IndemnificationYou agree that you shall indemnify Bethany Linz and all parties from whom Custom Design Prints has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Custom Design Prints Terms or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Custom Design Prints or incorporated into Products. As to clause (ii), you agree that we have the right to control the defence of any such suit, claim or demand.Disclaimer of Warranty7.1. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
7.2. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these Bethany Linz Terms alter those consumer guarantees if it is illegal for Bethany Linz Prints to do so. If those consumer guarantees apply to you, and Bethany Linz cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Bethany Linz: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Bethany Linz to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
13.2. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the Australian copyright Act 1968. All other matters relating to your access to or use of this Site shall be governed until 30 June 2021 by the laws of the State of Queensland, Australia. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Bethany Linz Terms.
13.3. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Sydney, Australia. You agree to submit to the jurisdiction of courts situated in Sydney, Australia, and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you do not assert, in any legal action or proceeding involving Bethany Linz, that a court sitting in Sydney, Australia is an inconvenient forum for such legal action or proceeding.
13.4. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Bethany Linz, and Bethany Linz’ suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
13.5. We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.