Summary of Yard Gallery Designs Terms & Conditions

This is a summary only. For our complete terms and conditions, see below. Please note that while our terms and conditions may change from time to time, you will always find the most recent version here.

You control who sees your photos and videos. Yard Gallery Designs is designed to provide a private, secure place for you to create and share your photos, art or logos on flags. Only you and the friends and family members you invite have access to your photos and videos. You may share your flags at any time, and you may give Yard Gallery Designs permission to display your creation on our website or in our social media features or in emails.

Your personal information is protected. Your privacy is important to us and we take great care to protect it. Please see our Privacy Policy (hyperlink) for details.

We will communicate with you via email. Yard Gallery Designs intends to send regular email updates and occasional promotional offers that may be of interest to you. You may opt-out of these mailings at any time upon receipt.

Age: You must be at least 18 years of age to sign-up for Yard Gallery Designs.

For more information on how the Yard Gallery Designs service works, click here (hyperlink).

To read the complete Yard Gallery Designs Terms and Conditions, please see below.

Yard Gallery Designs Terms and Conditions

Welcome to Yard Gallery Designs. Yard Gallery Designs provides members a fun, safe, and easy way to create flags using your photos, art, logos and more. However, before you enter the Yard Gallery Designs site (the “Site”) or use any of the Yard Gallery Designs services, you must carefully review the Terms and Conditions set out below (the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.

By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Yard Gallery Designs that you will use the Service only in a manner consistent with these Terms. Your use of the Site and its services (together, the “Service”) is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.

  1. Terms of Membership
    1. Yard Gallery Designs membership (“Membership”) is available to you if you are at least 13 years of age and submit certain requested information to Yard Gallery Designs through Account Registration, including your name and correct email address. When you become a Member, you must provide Yard Gallery Designs with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).
    2. A condition of Membership is your “Active Participation” in the Service. Active Participation is defined as purchasing flags least once every 365 days. If you cease Active Participation for any reason, Yard Gallery Designs may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, videos, links, comments, and other content (collectively “Content”) uploaded by you or otherwise made available by you within the Service.
  2. Digital Image Storage
    • Yard Gallery Designs offers free, unlimited storage of online flags created by Members who maintain Active Participation. When you upload photos to create flags, the original resolution and format of your Content may be modified depending on the upload speed you choose. Further, if you upload photo Content with very high resolution or bit-rate, Yard Gallery Designs may in its discretion down-sample the Content regardless of the upload speed you choose.
  1. You should always preserve your original Content, or make back-up copies of such Content, on your personal system
  • Member Conduct
    • Yard Gallery Designs is committed to ensuring that the Service remains a fun and safe place to create flags. To that end, the Service allows Members to be creative with their Content. Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Yard Gallery Designs believes:
      1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
      2. Comprises copyrighted material used without the express permission of the owner;
      3. Violates or otherwise encroaches on the rights of others;
      4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
      5. Advocates illegal activity;
      6. Hacks, destabilizes or adapts the Service, or alters another website to falsely imply it is affiliated with the Service;
      7. Uses any high volume automated means (including robots, spiders or scripts) to access the Service;
      8. Broadcasts or sends any form of advertising, mass communication or solicitation to Yard Gallery Designs users;
      9. Harms anyone, including minors; or,
      10. Provides a link to any of the above
Yard Gallery Designs has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Yard Gallery Designs does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Yard Gallery Designs may delete, move, and edit Content for any reason, at any time, without notice.
  1. All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
  2. By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
  3. Yard Gallery Designs in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
  4. Yard Gallery Designs will have no responsibility or liability for content users post to other websites and the removal of such content is the sole responsibility of those other websites.
  1. Third Party Software and Websites
    • As a convenience to Members, Yard Gallery Designs may make third-party software available through the Service, including by downloading, or provide links to third-party websites. Your use of such third-party software or websites will be subject to the terms and conditions imposed by the third party provider. The agreement to use such software or websites will be solely between you and the third party provider. Yard Gallery Designs makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software or websites.
  1. Yard Gallery Designs may make certain third-party templates, images, products, tools and services available to Members through the Service, including by downloading. Such third-party templates, images, products, tools and services are provided “as is” without support or warranties of any kind. Yard Gallery Designs makes no representations or warranties concerning, and it not liable or responsible in any manner for, any performance, effectiveness, claims or other aspect of third-party templates, images, products, tools and services.
 
  1. Return Policy
We work hard to let you know what to expect from your item so you’re delighted when you get it. We offer detailed product images and descriptions, as well as the ability to preview most items.   Items you receive that are free from defects and made as ordered and as described on our website are not returnable.   Of course, if an error is ours, we’ll replace the item at no charge to you.   If you’ve made a mistake and need to re-order, we’ll be happy to offer you a generous 25% discount to do so.   Please email us at [email protected] to arrange for a return or replacement as unauthorized returns will not be accepted. Shipping charges are non-refundable and we do not reimburse return shipping costs. All returns and replacements must be made within 30 days of receipt.  
  1. Privacy Policy
We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy (embedded link)
  • Copyright
    • When you use the Service, you become a participant in an online community of people who creating flags and photograpy
      1. Content License. In order for Yard Gallery Designs to provide our services to you and your invitees, as a condition to Membership you hereby grant to Yard Gallery Designs, solely for providing or improving the Service (e.g., customer support, technical support and/or vendor order fulfillment), the right to copy, display, modify, distribute, transmit, and make derivative works of your Content.
      2. Content Ownership. As a condition to Membership, you represent and warrant to Yard Gallery Designs that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.
 
  1. The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
  2. If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Yard Gallery Designs has a process in place to respond to your concerns. Please see “how to contact us about Copywrite infringement” (Hyperlink)
  • Indemnity
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS YARD GALLERY DESIGNS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “YARD GALLERY DESIGNS AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
  1. Limited Warranty
    • IN NO EVENT WILL YARD GALLERY DESIGNS OR YARD GALLERY DESIGNS AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
  1. ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YARD GALLERY DESIGNS WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR PRINTS ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, YARD GALLERY DESIGNS’ SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR YARD GALLERY DESIGNS TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH FLAGS, OR (II) REPRINT THE FLAGS AT NO EXTRA COST.
  2. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YARD GALLERY DESIGNS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YARD GALLERY DESIGNS MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. YARD GALLERY DESIGNS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  3. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
  1. LIMITATION OF LIABILITY
    • TO THE FULLEST EXTENT PERMITTED UNDER LAW, YARD GALLERY DESIGNS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
  1. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
  1. Termination
Yard Gallery Designs may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Yard Gallery Designs elsewhere within the Service, or (ii) conduct Yard Gallery Designs believes is harmful to other Yard Gallery Designs users, the business of Yard Gallery Designs, or (iii) failure to maintain Active Participation in the Service. Yard Gallery Designs will not be liable to you or any third-party for any termination of your access to the Service.
  • Choice of Law
The state and federal courts of North Carolina are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of North Carolina.
  • Modification of Terms
Yard Gallery Designs may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Yard Gallery Designs will be prospective only.
  • Entire Agreement
    • These Terms constitute the entire agreement between you and Yard Gallery Designs governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use third-party Content, or third-party software.
  1. The failure of Yard Gallery Designs to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
  2. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
  1. Reporting Violations
You can report abuse of these Terms to [email protected]om.