Website Terms of Use

Important: Please read the following information carefully: 

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 Horizon Worldwide Corporation, its affiliates, partners and agents herein referred to as Horizon  that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact service@horizonworldwide.com. 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. 

Changes to Terms of Use

User agrees to comply with these Terms of Use, which Horizon may change from time to time without notice to User. User acknowledges any changes to the Terms of Use are immediately effective upon being published to this Internet Site.

Description of Service

Horizon currently provides online websites designed to enable the sale of personalized products for commercial and consumer use ("Service"). These websites enable the composition of personalized products by allowing the end user to select a product style and template, add an uploaded digital image, and personalize the text. Horizon also fabricates orders. User understands and agrees that the Service is provided "AS-IS" and that Horizon assumes no responsibility for timeliness, deletion, or misdelivery of orders, or the failure to store any user communications or personalization settings.

Pricing

Prices charged by the site are subject to change without notice. Prices are not guaranteed for a particular order until the User's credit card has been successfully charged for the order.  All prices do not include shipping and handling which price can be found on the site prior to check out.

Privacy Policy

Horizon respects User's privacy. When placing an order, User provides information including User's name, telephone number, email address, mailing address, as well as order recipient name, telephone number, email address and mailing address ("Private Information"). Horizon will not sell, barter, lease, rent, donate or share User's Private Information to any third party other than those directly affiliated with Horizon or Horizon retail partners. Horizon will provide user's Private Information solely to enable the fulfillment of User's Order and follow up marketing by Horizon and related parties.

Image Storage

User acknowledges that this site is not intended to be a permanent archive for images, content, or finished orders. Uploaded images, text, and finished orders will be deleted at the end of each order. Horizon will not be held liable for losses caused by the deletion of User's images, content, or finished orders.

Use Of Images

This website can only accept digital images that are your private property or that are properly licensed with permission from the owner of such images. Any use of licensed images or private property of any individual or business is strictly forbidden by law without the express written consent of the individual or entity that created or captured the image. Any user of this website who places an order using licensed images, accepts full responsibility for any laws that may be broken either deliberately or unintentionally. This website, its assignees, and or its affiliates will not be responsible for any irresponsible actions by users of this website pertaining to the electronic ordering of products utilizing licensed material.

Offensive Content

User agrees to not compose orders containing Offensive Content.  Offensive Content includes images or text that are (1) obscene, slanderous, deceptive or pornographic (2) offensive to or disparaging of racial, ethnic, religious, or other groups, (3) inflammatory, (4) defined as obscene or offensive by applicable local, state or federal laws, (5) advocates illegal activities or (6) is harmful to minors in any way. User agrees that Horizon may determine at their own discretion what content it deems Offensive Content. User agrees that Horizon may choose to not produce any order that contains Offensive Content.

Accuracy of Colors

Horizon strives to render orders as accurately as possible during the order entry process. However, User acknowledges that colors in the actual printed product may vary due to monitor settings, data transmission errors, rendering engine errors, printer variations, and other factors. User acknowledges that delivered product may not be an exact color match to the rendered image on the Internet Site.  User indemnifies Horizon for any costs User incurs as a result of variances in color reproduction including, but not limited to, returns, lost income, discounts, and punitive damages.

Customer Service and Returns

User acknowledges that Customer Service related to the purchases made on the site will be provided by Horizon. Because each item is custom-made, all sales are final. Products are sold as is. Returns are not accepted except under special circumstances with preapproval and authorization by Horizon. 

WARRANTY

HORIZON MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, REGARDING ANY PRODUCT FEATURED IN THIS INTERNET SITE. HORIZON EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, HORIZON SHALL NOT BE LIABLE FOR ANY LOSSES, LIABILITIES, OR DAMAGES, INCLUDING DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING FROM THE USE OF OR RELATED TO ANY PRODUCT PURCHASED FROM THIS INTERNET SITE. 

LIMITATION OF LIABILITY

THIS INTERNET SITE AND RELATED PRODUCTS IS PROVIDED "AS IS." HORIZON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS INTERNET SITE. HORIZON AND ITS SUBSIDIARIES EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

It is a violation of Federal and international law to use this Internet Site in any manner other than as presented herein. The descriptions, suggestions, recommendations and other statements provided by Horizon are for informational purposes only. Horizon makes no representation or warranty, express or implied, regarding any product or product description. Horizon shall not be liable for any direct, indirect or consequential damages arising from use of or reliance upon the descriptions, suggestions, recommendations or other statements contained on this site. 

Credit Card Transaction Processing

User authorizes Horizon to process payment for orders at the time orders are placed. This means User's credit card will be authorized and charged at that time. Orders will be fabricated and shipped within approximately one week of order acceptance. Shipping typically takes from one to seven business days. Rush shipping is available.

Computer Equipment and Access

User agrees to cover all costs associated with User's access to this Internet Site. This includes User's computer equipment, Internet access, telephone services and software.

Security

Horizon utilizes Secure Socket Layer (SSL) technology with 128-bit encryption to protect Private Information and credit card information. Users of the site are responsible for maintaining the confidentiality of their account(s) and password(s) and for restricting access to their computer. User certifies that User is at least 18 years of age. Anyone under 18 years of age must have permission and accompaniment of an adult to use the site.

Property Rights

It is illegal to copy, photograph, transcribe, reproduce or otherwise record in any manner this Internet Site, or any part thereof, without the prior written consent of Horizon. All materials including images, illustrations, designs, icons, photographs, written content and other materials that are part of this Internet Site are copyrighted by Horizon. This Internet Site contains copyrighted software and other proprietary material that may not be decompiled, reverse engineered, disassembled or otherwise reproduced, in whole or in part.

User grants Horizon and its designated agents the right to use images user uploads to the site. User grants Horizon the right to display any image User uploads to the site and orders User composes on the site as an example of customer orders.

Trademarks

Horizon, Horizon Worldwide, Picture Gift Bags, Picture Sweets, Photo Cookies and other properties owned by Horizon Worldwide are the trademarks of Horizon Worldwide. Product names and brand names are trademarks or registered trademarks of their respective owners.

Applicable Law

This site is created and controlled by Horizon in the State of Missouri. User agrees that the laws of the State of Missouri will govern all terms, conditions, and disclaimers on the site, including these Terms of Use, without giving effect to any principles of conflicts of law. Jurisdiction for any lawsuit brought by either party hereunder shall lie exclusively with the U.S. District Court for the Eastern District of Missouri.

Severability

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions shall not in any way be affected or impaired thereby, and to the extent possible the parties shall cooperate to comply with the intent of the otherwise unenforceable provisions.

Force Majeure

Horizon shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, interruptions of electrical service, or any other cause beyond reasonable control of Horizon.

Entire Agreement

This agreement comprises the entire agreement between User and Horizon and supersedes any prior or previous agreements between us.