Terms And Conditions
Last Updated 25 June 2009
DaisyTrail is a registered trademark of Serif, Inc ("we", "our" or "us") registered in the US with offices at: 13 Columbia Drive, Suite 5, Amherst NH 03031. Telephone: 603 589 0078 Intl. - +1 603 889 8650.
Please note that all credit card payments made to Serif, Inc will be processed by Serif (Europe) Ltd, our payment processing agent: registered in England number 2117968 with registered offices at: The Software Centre, 12 Wilford Ind Est, Nottingham NG11 7EP, UK. Telephone: UK - 0845 6740484 Intl.- +44 115 9145472 Please ensure that any credit card you use for making payments is authorised to make payment to a UK based card processing centre.
These terms and conditions, and any documents referenced within them, explain the terms and conditions you are agreeing to by conducting any business with us, including using the DaisyTrail.com website and its services (the "Website"), placing any orders, or making any verbal or written communications. These terms and conditions are legally binding and you should read them carefully before you conduct any business with DaisyTrail.
We may modify these terms and conditions from time to time without notice and any changes will be effective immediately when they are posted on the Website. You agree to be bound by any changes when you conduct any business with DaisyTrail after any such modification has been posted. It is therefore important that you review this page regularly to ensure that you are aware of any changes.
- Your Privacy
- Download Protection Service
- Returning Unwanted Orders
- Customer Services
- Use of the Web Site
- Representations and Warrants
- Law and Jurisdiction
Please read this section carefully as is gives you details of how we treat the orders we receive:
- In normal circumstances we will aim to deliver physical products to UK and US destinations within 10 days of order placement. Other destinations may take longer.
- Offer codes may be available from time to time as part of a sales promotion we are running but only a single offer code is permitted per order.
- Orders placed with us for any products or services should not be treated as accepted until you receive an email confirmation from us.
- The decision as to whether we accept any order from you is at our sole discretion.
- Electronic Software Download ("ESD") Products remain available to download from your Website account for 14 days from the date of purchase and you may download any ESD products you have purchased a maximum of 3 (three) times. We advise you to make a backup as soon as you download your ESD product.
- Use of ESD Products is restricted to the terms of the End User License Agreement supplied with the product.
- If you wish to extend your access to your ESD product beyond the 14 day period you should purchase our Download Protection Service as detailed below.
Download Protection Service
Our Download Protection Service ("DPS") is designed to protect your investment in ESD products by allowing you to download any products you have purchased after the standard 14 day period has expired, or your number of available downloads per product limit has been reached. This can help protect yourself should the worst happen and your PC be stolen, be damaged by viruses, or anything else occur that could require you to reinstall software for which you don't have a backup.
- DPS will allow you to download any ESD products you have purchased up to a maximum of 6 additional times for up to 2 years after the date of purchase.
- DPS can only be obtained at the time you purchase an ESD product from us as part of a single transaction. It cannot be purchased separately or at a later time.
- The fee paid for DPS is refundable only if all products purchased concurrently with DPS are fully deleted within the time period specified by the returns procedure below.
- DPS does not in any way alter the terms of the license agreement for the product you have purchased, it does not allow you to install your ESD products on additional computers, or distribute your ESD products to any other parties.
- Any evidence suggesting that the DPS is being used to facilitate piracy or unauthorised distribution of the products you have purchased will result in the cancellation of your entitlement to continue to download products you have purchased.
Returning Unwanted Orders
Please read this section carefully as is gives full details of your rights to return unwanted orders from us.
- To return any products please contact our customer services. You will be given a returns number (RMA number) and any additional details of how to return your products.
- Your right to notify us of your intention to return unwanted products is limited to 7 working days starting from the day after delivery, unless a longer period is specified on your order confirmation, product packaging or delivery note.
- For ESD product purchases the date of delivery will be the day on which access to your order was first made available on the Website.
- Physical products should be returned in unused condition, with their original packaging intact and with the RMA number clearly visible on the returned package. Returns will not be accepted without an RMA number.
- For ESD products, you must certify that the products have been fully and permanently removed from any PC or other devices and that all backups of the products have been destroyed.
- The returning to us of unwanted products is the responsibility of the sender and we recommend sending them back insured, by registered or recorded delivery. We will not accept responsibility for goods which we have not received.
- You are required to pay any postage and packaging costs incurred in sending back unwanted products.
If you need to contact customer services with any questions, concerns or complaints you can contact us via our Support Portal or by post or phone at:
DaisyTrail Customer Services
13 Columbia Drive
Amherst NH 03031
Telephone: 603 589 0078 Intl. - +1 603 889 8650.
Use of the Website
DaisyTrail.com is owned and operated by the Serif group of companies. These terms and conditions apply whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered or have an account with DaisyTrail). The term "User" or "Users" refers to a Visitor or a Member.
- You must be at least thirteen (13) years of age to use the Website.
- You agree that you are responsible for your own use of the Website products and services.
- We may change the format and content of the Website or any products or services offered by it at any time.
- We may terminate or suspend the operation of the Website (or terminate or suspend provision of any products or services) for maintenance, updates, support work or for any other reason at any time and without notice.
- You should maintain backups of all material provided to us. We will not be responsible for keeping backup copies or for the loss of, deletion or corruptions of any images or other materials uploaded onto the Website.
Becoming a Member
Subject to these terms and conditions you may become a member of DaisyTrail and have a unique profile by completing the Registration Form or by placing an order.
- To register you will need to provide a username, password and email address that must be unique and acceptable to DaisyTrail.
- Usernames may not contain any store name, trade name, website domain name, or company name.
- Anonymity is prohibited and DaisyTrail may delete any such account at anytime without notice.
- Members are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under the username and password.
- You represent and warrant that you are 13 years of age or older and your use of DaisyTrail does not violate any applicable law or regulation.
- You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information.
- DaisyTrail reserves the right to delete or refuse the registration of any account at any time for any or no reason or to refuse service to anyone at anytime without notice for any reason.
Becoming a Member provides access to a number of products and services provided by us. There is no charge for becoming a member of DaisyTrail but there may be charges for other products or services supplied by us and you will be notified of any charges at the time that you request the products or services. The products and services include, but are not necessarily limited to:
- the ability to upload digital scrapbook images and photos to the gallery of our websites and to comment on those uploaded by other users
- the ability to participate in existing forum discussion threads and to instigate new ones, comment on blog posts and send other users private messages
- the ability to download free stuff including, but not limited to, Digikits
- the ability to order other products or services through our Website.
Things you should know
- We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted or any opinions expressed, via the Website services. You acknowledge that any reliance on material posted via the Website services will be at your own risk.
- The Website is most often a passive conduit for the information Users submit. We cannot and do not review every submission a User may make.
- We reserve the right, but do not assume the obligation, to restrict or prohibit your use of our Website if we believe you are violating any of the terms and conditions and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.
- You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless DaisyTrail, its parents, affiliates, co-branders or other partners and their respective officers, directors and agents from any claim or demand, including reasonable attorneys' fees, made or threatened by any third party due to, or arising out of, your use of or conduct on the Website, or a breach of these terms and conditions, including, without limitation, any claim based upon transmission of your message(s) or your violation of any rights of another User.
- The Website is for the personal use of Users only and may not be used in any commercial manner.
- You may not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
- You may not use any of the content on the Website for commercial purposes. Chain letters, pyramid schemes and the solicitation of other Users to join or become members of any commercial online service or other organisation are also prohibited.
- You also agree to be respectful of DaisyTrail and its staff and other users.
- Links or pointers to Internet websites maintained by others are "third party sites" and are meant for convenience only. We have no control over such sites and resources and we are not responsible for the availability of such external sites or resources and do not endorse and assumes no responsibility or liability for any content, advertising, products or materials on or available from such sites or resources.
- You are free to establish a hypertext link to our Website so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner. Without our prior written consent, you may not incorporate into any other website or service any of our intellectual property.
"Content" means any information, data, messages, text, graphics, images, photos, video, sounds, profiles, works of authorship and any other materials. Content that is prohibited on our Website includes, but is not limited to, content that is or contains:
- any advertising or soliciting including, without limitation, advertisements, store announcements, for sale or trade, coupons, sales, consultants, and eBay postings
- links to any other commercial website or store
- references to any other website or store in any way that is believed to be advertising
- obscenities or anything that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- anything that harasses or advocates harassment of another person
- anything that exploits people in a sexual or violent manner
- nudity, violence, or offensive subject matter or any link to an adult website
- any private and confidential information such as names, telephone numbers, street addresses, credit card numbers or Social Security Numbers
- infringement of any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
- information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
- anything that violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising)
- any viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or interferes with the ability of others to enjoy our site.
Despite these Content prohibitions, information provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. We assume no responsibility or liability for this material. If you become aware of the use of prohibited content or any other misuse of our Website please contact our Customer Services.
By displaying or publishing ("posting") any Content on the Website, you hereby grant to us a non-exclusive, royalty-free, worldwide license to use, copy, modify, publicly display, store, reproduce, transmit, and distribute such Content, including a right to sublicense the Content. In addition:
- You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you on or through the Website.
- You acknowledge that DaisyTrail or its affiliates owns all rights, title and interest in, and to, the Website, including all intellectual property rights (the "Website Rights").
- Website Rights are protected by UK, US and international intellectual property laws.
- You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Website.
- You also agree that you will not use any robot, spider, or other automated device to monitor or copy any content from the Website.
- You agree that DaisyTrail has no responsibility or liability for the deletion of, or failure to store or to transmit, any Content and other communications maintained by the Website. DaisyTrail retains the right to create limits on use and storage at its sole discretion at any time with or without notice.
As described above, Website Rights do not include third-party content used as part of the Website, including the content of communications appearing on the Website, other than content provided by DaisyTrail or its affiliates.
Representations and Warrants
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE MAKE NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF ANY DAISYTRAIL SERVICES OR AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH DAISYTRAIL. DAISYTRAIL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED ON THE DAISYTRAIL WEBSITE. THE SERVICES PROVIDED BY DAISYTRAIL AND ITS AFFILIATES ARE PERFORMED AND THE SOFTWARE USED IN CONNECTION WITH THE DAISYTRAIL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE DAISYTRAIL SERVICES AND THE INTERNET.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL DAISYTRAIL OR ITS AFFILIATES BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON'S USE OR MISUSE OF OR RELIANCE ON DAISYTRAIL'S SERVICES OR FROM THE USE OR PURCHASE OF PRODUCTS PURCHASED FROM DAISYTRAIL, OR ARISING FROM ANY CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF DAISYTRAIL OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE DAISYTRAIL SERVICES, FROM INABILITY TO USE THE DAISYTRAIL SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DAISYTRAIL SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED BY DAISYTRAIL OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE DAISYTRAIL WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DAISYTRAIL WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DAISYTRAIL WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF DAISYTRAIL'S SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, DAISYTRAIL'S SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Law and Jurisdiction
You agree that all business you conduct with DaisyTrail shall be in compliance with all applicable local, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all applicable export control laws. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the state of New Hampshire.