Terms & Conditions
The use of the Metal Imagination Inc. website (this "Website") and the sale of products offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website. Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Metal Imagination Inc. reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.
You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. Metal Imagination Inc. reserves complete title and full intellectual property rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.
The Metal Imagination’s logo and trademarks Inc., as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner. The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Metal Imagination. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Metal Imagination Inc. owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.
Submissions to MetalImagination.com
Any remarks, suggestions, ideas, messages and data submitted by you to MetalImagination.com through this Website shall be and remain the exclusive property of Metal Imagination Inc.. Therefore, Metal Imagination discourages you from submitting Messages that you do not wish to assign to MetalImagination.com, including confidential information. Any original creative materials including Logos or Designs are a property of the originator. All submissions of Logos, Artworks and Designs are intended to be used on Metal Imagination products. MetalImagination.com may modify such submission in order to meet imprint requirements or originators requests. MetalImagination.com does not share, promote or distribute Logos or Artworks that are submitted for use on our products.
You accept responsibility for, the accuracy, appropriateness and legality of the Messages you send to MetalImagination.com. Metal Imagination Inc. is not liable for any copy write infringements on the part of the submitting party. Your submission of such Messages shall constitute an assignment to MetalImagination.com of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Metal Imagination is entitled to use, copy, modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.
Metal Imagination Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, MetalImagination.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Metal Imagination Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Metal Imagination in its sole discretion.
Modification of Content
Metal Imagination Inc. attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, Metal Imagination does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Metal Imagination Inc. reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Metal Imagination Inc. reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Metal Imagination Inc. shall promptly issue credit to your credit card.
Metal Imagination Inc. requires 100% payment prior to products being shipped.
By signing the provided order acknowledgment the buyer acknowledges that they are entering into a contractual agreement with Metal Imagination Inc. and gives Metal Imagination Inc. permission to apply any outstanding balance to the payment method provided first, until paid in full.
Terms are given at the discretion of Metal Imagination Inc.. The full amount of an invoice may and can be charged to the supplied credit card on file at any point before, during, or after the order.
If you need to use a Purchase Order to submit/request payment, Metal Imagination Inc. will be more than happy to provide you with the necessary paperwork for you or your accounting department at the time of placing your order.
Once your order is placed, it will be processed and shipped. If you need to make any changes to your order, please contact us immediately. Otherwise, we may not be able to make changes before your order ships.
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. METAL IMAGINATION INC. DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF METALIMAGINATION.COM, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT METAL IMAGINATION DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
METAL IMAGINATION INC. DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. METAL IMAGINATION INC. DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
METAL IMAGINATION INC. RESERVES THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR PRODUCTS AND/OR SERVICES FOR WHICH THE SALE OR USE OF SUCH PRODUCTS AND/OR SERVICES IN YOUR STATE IS RESTRICTED OR PROHIBITED.
Limitation of Liability
IN NO EVENT SHALL METAL IMAGINATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF METAL IMAGINATION OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN METAL IMAGINATION INC. TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Michigan, without giving effect to any principles or conflicts of laws.
The Terms and Conditions constitute the entire agreement between you and Metal Imagination Inc. with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Metal Imagination Inc. with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Metal Imagination Inc.. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.