YourCover terms of services
Welcome to YourCover! We hope you enjoy your visit, and find that using our service is productive, easy and fun.
Listed below are the terms of services to which you agree when you create an account at YourCover.com to make a personalized fake magazine cover. We strongly recommend that you go through the document carefully to avoid discrepancies.
Please understand that by using the magazine cover generator (design tool) and/or creating an account at www.YourCover.com (herein referred to as “we”, “us”, or “YourCover”), you agree to the following Terms of Use (“Terms”). When you provide us with your email address and password and click Submit this will constitute a binding agreement between you and YourCover. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. Note that any violation of these Terms may result in termination of our Service to you.
YourCover reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after YourCover makes any such changes, you agree to be bound by the revised Terms.
Your submissions
You may submit certain material to YourCover, including without limitation, photographic images and copy content, as part of your use of the Service (“Submissions”).
Under these Terms, you agree that you will NOT post, place or transmit any of the following material:
Any inappropriate, obscene, pornographic, threatening, defamatory or abusive material or any other material that could give rise to any civil or criminal liability under applicable law.
Material that is generally offensive or in bad taste, as determined by YourCover.
Any material that promotes bigotry, racism, hatred or harm against any individual or group.
Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
Any material sent from an anonymous or false address.
YourCover reserves the right in its discretion to (i) reject and refuse to print Submissions that it, in its sole discretion, deems inappropriate, obscene, abusive, defamatory, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that YourCover deems necessary relating to use or misuse of the Service.
Age requirements
You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us. About your account 3a. Access to your account Your account with YourCover is available for your personal, non-commercial use and magazine cover designs may not be sold or re-sold without our express permission.
We need to be able to access your account for the following reasons: We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account; To maintain our Service to you and develop new and useful features and services; To follow a court order, subpoena, complaint or a lawful request from governmental authorities; 3b. Account fee There is no fee to open a YourCover account.
Canceling the service
If you violate any of these Terms, your permission to use the Service will terminate automatically. YourCover reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.
Copyrighted material and software
All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without our prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
All right, title and interest in and to the YourCover site and Service is and will remain the exclusive property of YourCover and its licensors. The site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.
Privacy policy
When you create an account or make a purchase with YourCover, you need to provide some personal information, such as your name, email address, shipping address and credit card information. We protect and use this information as set forth in our Privacy Policy.
Refund policy
Due to the personalized nature of the YourCover product, all photo prints and photo download orders are considered final. It is the responsibility of the user to review, edit and proofread their Submission prior to order placement as there will be no refunds for printed or downloaded orders. Frames may be returned for replacement or refund. If an item is broken during delivery or arrives wet, please contact us for replacement at 203-563-9288 or at support@yourcover.com.
Indemnification
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of Connecticut, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the State of Connecticut.
Export
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any materials provided through the Service.
Disclaimer of warranties
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH YOURCOVER’S SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOURCOVER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOURCOVER MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOURCOVER MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH YOURCOVER’S SITE OR ADVERTISED THROUGH YOURCOVER’S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YOURCOVER OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL YOURCOVER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF YOURCOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, YOURCOVER’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT YOURCOVER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, YOURCOVER WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF YOURCOVER TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO YOURCOVER FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you.
All items purchased through YourCover are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
When you place an order, YourCover will bill you immediately.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, any right or provision of these Terms will not be deemed a waiver of such right or provision.