Terms of service

PLEASE NOTE THAT THE SECTION LABELED “DISPUTE RESOLUTION (CLASS ACTION WAIVER, JURY TRIAL WAIVER AND ARBITRATION AGREEMENT)” BELOW CONTAINS A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN JURISDICTIONS IN WHICH APPLICABLE LAW ALLOWS THE CLASS ACTION WAIVER TO APPLY TO DISPUTES BROUGHT IN COURT TO RESOLVE DISPUTES. IT AFFECTS YOUR RIGHTS IN ANY DISPUTE WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OUT OF YOUR USE OF THE SERVICES AND/OR YOUR PURCHASE AND/OR USE OF ANY SERVICE OR PRODUCT.

Welcome! We’re glad you’re here and thank you for selecting the services that we offer through our websites, mobile applications or by telephone (the “Services”). As the developer of the Services (“we,” “us” or “our”), we want to provide you with the terms governing your use of the Services set forth below (these “Terms”). By registering or otherwise accessing, downloading, installing, and/or using the Services, you are agreeing with all these Terms.

Registration

Our websites and mobile apps allow you to register and set up a user account to use the Services. We make registration optional, if you prefer. By registering or otherwise accessing, downloading, installing, and/or using the Services, you represent and warrant that (a) you have provided us with true, accurate and current information about yourself during the registration or Guest Checkout process (including, without limitation, your name valid email address). You acknowledge and agree that erroneous information may lead to an inability for you to complete your transaction. You represent and warrant that you will provide and maintain true, complete and current account information, and keep your email address and phone number updated as long as your account remains active. Registration data and other information that you provide are governed by our Privacy Policy.  By providing your contact information to us, you agree that we may contact you in connection with your account and/or orders.

You are solely responsible for all activities that occur under your account and for ensuring that you exit or log out of your account at the end of each session of use. Your password is confidential, and you may not give it to anyone else. You will notify us immediately of any unauthorized use of your account or password or any other breach of security known or suspected by you.

Your Content

We are in the business of offering personalized products (the “Products”). The Products and/or the use of the Services to order the Products sometimes require information that you provide, including, without limitation, text, photographs, images and/or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person, household or electronic device, including, without limitation, particular persons under the age of thirteen (13), households including persons under the age of thirteen (13) and/or electronic devices used by persons under the age of thirteen (13) (collectively, “Your Content”). The Services and the Products are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products except as permitted by these Terms, and you may not access or use the Services for any commercial purpose whatsoever, including, without limitation, using the Services to facilitate the fulfillment by us of orders for Services or Products placed by third parties through you. Any use of the Services other than as expressly authorized in these Terms is strictly prohibited. All rights not expressly granted in these Terms are hereby expressly reserved by us.

By submitting Your Content to us, you grant us a nonexclusive, universe-wide, royalty free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to reproduce, distribute copies of, prepare derivative works based upon, publicly perform, publicly display, train artificial intelligence on, and otherwise use and exploit Your Content for the purpose of providing the Services and promoting to you other services we believe will be of interest to you. You represent and warrant that you either own Your Content or have a written license or other valid permission from the applicable rights owner(s) (for example, and without limitation, your photographer) and/or other right to make Your Content available to us for use with the Services and on the Products you order.

Without limiting the generality of the foregoing paragraph, you acknowledge and agree that we will need to work with Your Content in order to provide you with the Services and the Products. For example, and without limitation, we will copy, and we may need to display and/or modify, as well as stream, upload, post, publish, display, email or otherwise transmit (including, without limitation, transmission to other countries) or use (hereinafter, “Transmit”), Your Content when making the Products, and we will distribute Your Content when shipping the Products to you. By the license granted above, you are giving us permission to do this and, because we are using Your Content to provide you with the Services and the Products, you will not charge us any royalty. We will retain Your Content on our servers so that it will be available for your future use. This will make it easier for you to reprint entire orders or use elements of Your Content in making Products for new orders, all without the need to upload Your Content again. We agree that our use of Your Content will be limited to the scope of the Services and the Products that we provide. And rest assured that we will never use Your Content to market, promote or advertise the Services to others without your permission.

We reserve the right to reject any or all Your Content if we determine, in our sole discretion, that Your Content is inappropriate or otherwise inconsistent with the exercise of good judgment. For example, and without limitation, we may reject any of Your Content that we believe would fall within the Prohibited Uses of the Services set forth below.

Our Intellectual Property

You acknowledge and agree that the Services contain works of authorship (for example, but without limitation, software), inventions, brands, and content) (“Our Intellectual Property”) that is protected by copyright, patent, trademark, trade secret and/or other laws, regulations and rules and is owned by us and/or our licensors or affiliates.

Without limitation, unless otherwise designated, we own all Our Intellectual Property, including, without limitation, all the trademarks and logos used in connection with the Services (“Our Trademarks”). Nothing in these Terms or otherwise grants any license or right to use any of Our Trademarks. You may not delete, change or modify in any way the copyright, trademark or other intellectual property notices contained in the Services. All goodwill generated from the use of Our Trademarks will inure to our exclusive benefit.

Your use of prints, images or screen captures from the Services is limited to your personal, non-commercial use. You may not use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of the Services unless provided by us as part of the Services. You will not reproduce, distribute copies of, prepare derivative works based upon, publicly perform, publicly display, train artificial intelligence on, or otherwise use, exploit, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or attempt to sell, assign, sublicense, or otherwise transfer any right in or to Our Intellectual Property.

Third-party Intellectual Property

Certain of the Services and the Products contain images, photographs, layouts, designs and other content that may consist of the copyrights, trademarks, service marks, trade names and other intellectual property of third parties (collectively, the “Third-party Content”). Third-party Content is provided for your convenience for the specific purposes for which we have provided it. You may not use Third-party Content:

1. For any other purposes whatsoever without the prior express authorization of its owner;

2. Except solely as incorporated into a Product, or otherwise download it in its original, unaltered form outside the Service;

3. In any manner that would violate the Prohibited Uses of the Services section of these Terms; or

4. As a trademark, service mark, or logo.

Prohibited Uses of the Services

You are solely responsible for Your Content that you Transmit via the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including, without limitation, removing any offending content from the Services, suspending or terminating any account of such violator(s) and reporting such violator(s) to appropriate law enforcement authorities. As a condition for accessing and using the Services, you agree not to use the Services to:

1. Transmit any content that (a) is unlawful, threatening, abusive, harassing, tortious, violent, defamatory, libelous, slanderous, vulgar, obscene, pornographic (involving minors or otherwise), hateful or abusive, or otherwise similarly objectionable, (b) portrays any person depicted therein in a manner that a reasonable person would find offensive or portrays any person [1] in connection with pornography, “adult videos,” adult entertainment venues, escort services, dating services, or the like, [2] in connection with the advertisement or promotion of tobacco products, [3] as suffering from, or medicating for, a physical or mental ailment, or [4] engaging in immoral or criminal activities, (c) poses or creates a privacy or security risk to any person, (d) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of solicitation, (e) characterizes any unlawful or immoral activity as acceptable, glamorous or desirable, (f) glamorizes the use or “hard-core” illegal substances or drugs, (g) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged, (h) makes inappropriate use of swastikas or other symbols of racism or intolerance and/or glamorizes the actions of Hitler or other individuals or groups advocating ethnic cleansing, genocide, the erasure or destruction of a country or its government, civilization or ethnic group, or similar activities, (i) uses messages, marks or symbols that support cults or conspiracy theories that have been disproven or that are rooted, in whole or in part, in intolerance or (j) contains images or likeness of, or identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with, minors without the valid authority to do so;

2. Harass another person by any means including, without limitation, by using their email account, address or password, or falsely state or otherwise misrepresent your affiliation with any person or entity;

3. Violate any applicable local, state, national or international law, regulation or rule;

4. Transmit or make available any content that you do not have the lawful right to Transmit, that would infringe the intellectual or proprietary rights of any third party (including, without limitation, copyright, trade secret, trademark, service mark or patent rights), or that would violate any person’s right of privacy or publicity;

5. Engage in any conduct that would interrupt, destroy, limit or harm the Services or enable you to gain unauthorized access to the Services, including, without limitation, by using viruses, Trojan horses, worms or malicious computer code, programs or files;

6. Reproduce, copy, sell, or commercially use (including, without limitation, the right to access) the Services, including, without limitation, using the Services to facilitate the fulfillment by us of orders for Services or Products placed by third parties through you;

7. Solicit personal information from anyone under the age of eighteen (18);

8. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means; or

9. Further or promote any criminal activity or provide instructional information about illegal activities.

In case of any violation of the above, and without limitation, we reserve the right to terminate your account and/or block you from accessing the Services and disclose any information if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.

Information You Provide

Any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to us are non-confidential, and we will be entitled to the unrestricted use and distribution of Submissions for any purpose, without acknowledgment or compensation to you.

Practices Regarding Use and Storage of Your Content

We may preserve Your Content and may also delete or disclose Your Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.

We may establish practices and limits concerning use of the Services, including, without limitation, the maximum period of time that data or other content is retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. We will have no responsibility or liability for the deletion or failure to store any data or other content maintained or Transmitted by or to the Services. You acknowledge and agree that we reserve the right to terminate accounts that are inactive for an extended period of time, such time to be determined in our sole discretion. You further acknowledge and agree that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Promotional Offers

From time to time, we may make available to you certain promotional offers.

Free Shipping Offers are subject to the following terms and conditions:

  • They apply only to orders shipped to a single address in a geographic region into which we regularly ship.
  • They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
  • They have no cash value, and cannot be resold.
  • If they have a minimum order requirement, the order value before tax must meet the minimum order threshold for the offer to be activated.
  • They do not apply to (a) any previous order(s), (b) express, priority, or overnight delivery, (c) taxes, (d) oversized items, (e) specially marked products, or (f) bulk or corporate purchases of ten (10) units or more.
  • Except where required by law, they cannot be redeemed for cash, check, or credit.
  • They do not affect normal retail prices (which are subject to change).

Dollars Off Offers (and similarly-themed offers in places with other currencies) are subject to the following terms and conditions:

  • They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
  • They have no cash value, and cannot be resold.
  • If they have a minimum order requirement, the order value before tax must meet the minimum order threshold for the offer to be activated.
  • They do not apply to (a) any previous order(s), (b) shipping, care, handling or taxes, (c) specially-marked products; or (d) bulk or corporate purchases of ten (10) units or more.
  • Except where required by law, they cannot be redeemed for cash, check, or credit.
  • They do not affect normal retail prices (which are subject to change).

Percentage Off Offers are subject to the following terms and conditions:

  • They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
  • They have no cash value, and cannot be resold.
  • If they have a minimum order requirement, the order value before tax must meet the minimum order threshold for the offer to be activated.
  • They do not apply to (a) any previous order(s), (b) shipping, care, handling or taxes, (c) specially-marked products, or (d) bulk or corporate purchases of ten (10) units or more.
  • Except where required by law, they cannot be redeemed for cash, check, or credit.
  • They do not affect normal retail prices (which are subject to change).

 

Third-party Sites, Products & Services

You may enable various online services, such as social networking sites, to be directly integrated into your experience with the Services. In addition, from time to time the Services may include links to third-party sites, services and/or products that we think may be of interest to you. To take advantage of these features, we may ask you to register for, or log into, the services of their respective providers. By enabling third-party services within the Services, you are allowing and authorizing us (a) to pass your log-in information to these service providers for this purpose and (b) to receive information and content from such third-party services. Please remember that the manner in which third-party services use, store and disclose your information is governed solely by the policies of such third parties, and we will have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Services. We make no representations or warranties concerning such third-party sites, services or products, and, accordingly, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party sites, services and/or products.

Cookies

Our websites use “cookies.” Cookies are small text files that reside on your device and identify you as a unique user. Cookies allow us to, among other things, measure activity and personalize your experience. For example, and without limitation, cookies enable us to remember your viewing preferences without requiring you to re-type a username or password. Cookies also allow us to track your status or progress when ordering Products from us. If you choose, you can set your device to reject cookies, or you can manually delete individual or all cookies on your device. However, if you reject or delete cookies, you may have some trouble accessing and using some of the pages and features on our websites. We also use other common information-gathering tools such as web beacons and embedded web links.

Payments

To the extent to which the Services and/or the Products or any portion thereof are made available for any fee or charge (including, without limitation, shipping and handling charges), you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorized by us. You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment. When you make a payment, you authorize us (and our designated payment processor(s)) to charge, at the time at which you place your order, the full amount to the payment source you designate for the transaction. You will promptly update your account information with any changes (for example, and without limitation, a change in your billing address or credit card expiration date) that may occur. You will pay us all fees and charges incurred in accordance with the authorized form of payment and these Terms. If you dispute any fees or charges, you will let us know within sixty (60) days after the date that we invoice or otherwise charge you, and give us the opportunity to remediate any problem which you believe entitles you to dispute those fees or charges. You hereby grant to us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.
If you have chosen to receive Products and/or Services on a subscription basis: (1) you hereby grant us the right to bill payments as specified in the Products/Services description and/or ordering process; and (2) if your payment and customer information does not remain true, accurate and current for the length of your subscription(s) and you do not notify us promptly when such information changes, we may suspend or terminate your subscription(s); and (3) you hereby acknowledge and agree that we may participate in programs supported by your card provider (e.g., expiration-date updater services) to attempt to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.