Last updated: MARCH 6, 2022
General Terms of Use
Please read our Immortal Flame General Terms of Use carefully. These General Terms of Use govern your access, use and orders placed at www.immortalflame.com By placing an order with Immortal Flame, you agree to be unconditionally bound by these General Terms of Use in the version valid at the time of ordering. Additionally, we maintain other terms and policies that supplement these General Terms of Use as set out below, including our Privacy Policy, which describes how we collect, use and process your personal information.
Additional Terms
Additional terms may be presented on this Site in connection with a specific section, service or feature that will apply at the time you choose to access or use the corresponding section, service or feature, as set out below.
Subscription Program
Purchases of products and services on our Site for direct or indirect resale by customers who participate in the premium Subscription Program will additionally be subject to the terms and conditions of the Subscription Program Agreement.
1. Applicability
1.1. By accessing or using this Site and its related software tools, applications or any other Immortal Flame service, you agree to be bound by the terms of our Privacy Policy, and the following General Terms of Use (“Immortal Flame Terms”) and to any additional terms (such as but not limited to those listed above), policies, guidelines, restrictions or rules that may be posted in connection with specific sections or services of this Site . All such Additional Terms are hereby incorporated by reference into the agreement entered into between Immortal Flame and the customer at the time you access or use the corresponding section, service or feature, or have otherwise agreed to their applicability. These Immortal Flame Terms and any Additional Terms that you have agreed to, make up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations, and understandings.
1.2. If you use this Site on behalf of any business, organization or other entity of any kind, you represent and warrant that you are authorized to accept these Immortal Flame Terms on its behalf and to bind such business, organization or entity to these Immortal Flame Terms.
1.3. Every offer of a Immortal Flame 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 Immortal Flame Terms.
1.4. 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 Immortal Flame has not specifically rejected them.
1.5. Immortal Flame reserves the right to make changes to this Site and to these Immortal Flame Terms at any time without prior notice. You should review these Immortal Flame Terms each time you access this Site.
2. Your Account
Before you can place an order online, you must have an Immortal Flame account which is created by completing the registration form on the Site. The customer will at all times be responsible for each and every use of the account. Immortal Flame has the right to refuse any request made by you and to close your Immortal Flame account immediately in the event of any breach of these Immortal Flame Terms.
3. Terms of Sale
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Immortal Flame is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.
4. Materials for Limited Use
4.1. This Site contains graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, fonts, blog posts, software tools, trademarks, service marks, media content belonging to other users through embedded feed from social media platforms, stock images and footage from stock providers and other information (“Content”). This Site and all Content are the intellectual property of Immortal Flame or the intellectual property of parties from whom Immortal Flame has licensed such property. All rights in this Site and its Content are reserved worldwide.
4.2. It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish, or use any portion of the Content except as expressly allowed in these Immortal Flame Terms.
4.3. Immortal Flame 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 Immortal Flame remain the property of Immortal Flame and its licensors.
4.4. The design tools and services provided on this Site (including, for example, product design tools and services) employ various design elements, including product templates, images, fonts, color schemes, graphics, illustrations, logos, phots and design effects. Immortal Flame reserves the right to use all such design elements and to make all such design elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other Immortal Flame customers may use the design tools and services to create Designs that have similar or identical combinations of design elements to your Design and Immortal Flame does not guarantee that your Design will not have similarities to Designs created and used by other parties. In the event that you create a Design that is a derivative work based on or incorporating design elements and/or other Content, all rights in and to such design elements or Content shall continue to be owned by Immortal Flame or its licensors.
4.5. Immortal Flame provides no warranty of any kind that Designs created using the design tools and services and the Content will not infringe, or be subject to a claim of infringing, any trademarks or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the Design is legally available for your particular use and does not infringe the rights of another party. You are solely responsible for determining whether a license or other additional rights are required in connection with the intended use of your Design and for obtaining such additional rights.
5. Use of our Site and its Content
5.1. 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 Immortal Flame (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 Immortal Flame does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Immortal Flame.
5.2. You agree to use this Site in a responsible manner that is in full compliance with these Immortal Flame Terms and with your local laws and regulations, including export and import regulations.
6. Restrictions on Use
6.1. Without limitation, no portion of Content may be utilized:
a) to sub-license, re-sell, rent, lend, assign, gift or otherwise transfer of distribute the rights granted to you under these Immortal Flame Terms;
b) in such a manner as to convey or obtain exclusive rights to any Content or part thereof;
c) for any unlawful or discriminatory purpose or use;
d) for any use that we determine, in our sole discretion, to be pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting the hate, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status or otherwise objectionable;
e) to create, order, publish and/or distribute any Design, Product or other type of information that we determine, in our sole discretion, to contain any content that violates the above section 6.1.d) or otherwise, in our sole discretion, is materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances;
f) to violate any person’s right of privacy or publicity;
g) to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
h) to cause or allow any Design to appear on more than 500,000 printed Products or to be incorporated into a television program, video, or other digital production if the audience is expected to be greater than 500,000 viewers, in total;
i) for any use that would reasonably imply that Immortal Flame, the creator of the Content, or the persons or property appearing in the Content (if any), endorses any political, economic, conspiracy or other opinion-based movements or parties;
j) in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political endorsements; or in a way that implies mental or physical illness or impairment; or
k) that in any way, intentionally or unintentionally, violates any applicable local, state, national and international laws, rules and regulations.
6.2. For the avoidance of doubt, no Content or portion thereof may be used on its own as a trademark or service mark. You agree and acknowledge that any trademark or service mark rights you may have in your Product or Design arise from and are limited to your distinctive combination of Content with other visual design elements provided or created by you. You agree and acknowledge that others may use similar portions of Content for similar goods and services.
6.3. Immortal Flame reserves the right, in its sole discretion, to refuse to accept any content provided by you to Immortal Flame or to refuse to process or fulfill any order at any time and for any reason. Immortal Flame further reserves the right, in its sole discretion, to temporarily or permanently suspend and/or terminate its service to you and/or your account(s) at any time and for any reason, including, without limitation, your violation of the Immortal Flame Terms and/or Additional Terms, your use of the Site and/or our products and services for inappropriate purposes or you having engaged in undesirable activities, in each case as determined by Immortal Flame in its sole discretion. This action is entirely at Immortal Flame’s discretion and no correspondence will be entered into. You agree that Immortal Flame shall have no liability of any kind to you or to any third party arising from such refusal, suspension or termination.
6.4. By placing an order on this Site, you warrant that you have all the necessary permissions, rights and authority to place the order and you authorize Immortal Flame to produce the Products on your behalf. You grant Immortal Flame the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Immortal Flame to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
6.5. You agree that you are responsible for protecting your
password and controlling access to your registered account. You
agree that you will be responsible for all orders placed or other
actions that are taken through your registered account.
7. Delivery, Title and Risk
7.1. Products will be delivered at the address specified in the Order Confirmation, provided that all applicable payments have been received in full by their appropriate due date, using standard methods for packaging and in accordance with the customer’s chosen delivery option. Any lead time given is estimated.
7.2. The only guarantee provided by Immortal Flame is that we will ship your order out on time. We cannot make any guarantees on behalf of the shipping carriers (FedEx, UPS, USPS). The buyer will assume all risk of late deliveries on the part of the shipping carrier. The buyer can file a claim with the shipping carrier in an attempt to recover their funds. No refund will be given by DisciplePress for a late shipment that was caused by the shipping carrier.
7.3. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred at the time we transmit the Product via email or other electronic communication addressed to the customer.
8. Indemnification
You agree that you shall indemnify Immortal Flame and all parties from whom Immortal Flame 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 Immortal Flame 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 Immortal Flame or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.
9. Disclaimer of Warranty
9.1. 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.
9.2. Since all work provided by Immortal Flame is custom made to each order, there are no refunds of any kind offered. All sales are final.
10. LIMITATION OF LIABILITY IN NO EVENT SHALL IMMORTAL FLAME OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT IMMORTAL FLAME HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM IMMORTAL FLAME OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL IMMORTAL FLAME BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Immortal Flame in connection with the operation of this Site including its content or any of our offered and/or supplied Products, shall be provided by the submitter and received by Immortal Flame on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Immortal Flame. By submitting any such information to Immortal Flame, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Immortal Flame shall be free to use such information on an unrestricted basis.
12. Privacy and our Use of Cookies
Immortal Flame has set out in its Privacy Policy how we collect, use, disclose, store and protect the information that you submit to us during the use of our Site. This Privacy Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.
13. Miscellaneous
You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
14. Governing Law, Jurisdiction and Dispute Resolution
These Terms will be governed by and interpreted in accordance with the laws of the State of Ohio, and you submit to the non-exclusive jurisdiction of the state and federal courts located in us for the resolution of any disputes.