EFFECTIVE: OCTOBER, 2014
USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS.
BY USING THE SITE, YOU SIGNIFY YOUR UNCONDITIONAL AGREEMENT TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT USE THE SITE.
POSSIBLE CHANGES TO TERMS
The effective date of these Terms is set forth at the top of this webpage. We do not intend to change these Terms very often, but reserve the right to do so. We will notify you of any material change by posting notice on this webpage from time to time. Your continued use of the Site constitutes your acceptance of any amended Terms that supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Site and to print out a copy of these Terms for your records.
FREQUENTLY ASKED QUESTIONS
STICKERGUM makes all efforts to ensure a quality product. To that end, STICKERGUM provides clear one on one personal service with every custom order, including instructions and guidelines, as well as access to Frequently Asked Questions (FAQ) to educate you about the requirements for creating quality products and the limitations of printing with food-grade edible inks.
Image Quality: You are 100% responsible for the accuracy of your requested printed image on all orders. Simply stated, the quality of the artwork you provide directly affects the quality of the print. The image resolution of the artwork you provide should be at least 300 dpi. The higher the resolution, the better the print quality will be. This also applies to images you may be scanning. Scanned images should be scanned using 300 dpi, or greater.
Image Permissions: STICKERGUM does not print copyrighted material without permission, nor inappropriate or indecent images. By placing an order with STICKERGUM, you are certifying that you own or have permission to use the image(s) via license, that any images you are using will not violate any copyright, trademark or other intellectual property rights, or rights of publicity of others.
Image Refusal: STICKERGUM reserves the right to refuse to print any material that STICKERGUM determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service or international mail stream. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by STICKERGUM on any job that is denied for the reasons described in this paragraph.
Image Color: STICKERGUM will reproduce color from artwork you submit as accurately as possible, but may not exactly match color and density because of limitations in the printing process. STICKERGUM accepts no responsibility for color variations between submitted images and the actual product.
All colors contained within any RGB digital file will be converted to STICKERGUM'S CMYK color space. This may cause the RGB colors to visually change due to color space differences. You should also note that your computer monitor's calibration affects the colors displayed on your monitor's screen.
If you request an online proof, it will only present the design layout, text accuracy, image proportion and placement, but not color or density. If your order is color critical, STICKERGUM strongly suggests you place a minimum order 25 piece collection of your custom STICKERGUM, prior to placing a larger order.
The fees for STICKERGUM products and services, which include the cost of processing, printing, shipping and/or mailing your order, and any other applicable charges, are due and payable together with the submission of an order. STICKERGUM requires pre-payment on all orders. Please note that an order will not be shipped or mailed until your order is paid in full.
Any amount due to StickerGum, which is not paid, may result in non-delivery of the order. Customers are responsible for all related collection costs, legal fees and interest.
Sales Tax Policy: STICKERGUM is required to collect sales tax on purchases shipped within New Jersey. If your order qualifies for sales tax exemption in accordance with New Jersey Sales & Use Tax Regulations, you must provide StickerGum with a valid New Jersey Resale Certificate. STICKERGUM requires that resale certificates be provided at the time of order via email. Please remit to firstname.lastname@example.org.
Cancellation Policy: There will be a cancellation fee of 25% of your order amount if your order is cancelled any later than 48 hours from the date your order was placed. If you do cancel your order in a timely fashion, upon receipt of payment from your credit card company, a credit will be made to your credit card. Subsequently, if you place the same order within 5 days of cancellation, the 25% cancellation fee will be refunded.
If your order has already been handcrafted, your order can not be cancelled and STICKERGUM will not provide a refund.
Refund Policy: Each piece of STICKERGUM is custom made and perishable, so we are unable to accept returns. That said, we will never take your business for granted. If STICKERGUM bursts your bubble for any reason, please contact Customer Service. Our StickySituation Team will see to it that you remain a superfan and loyal customer.
SHIPPING / DELIVERY POLICY
STICKERGUM bases its delivery times on the shipping methods and policies supplied by the delivery services used. Although we only offer one, two and three day transit options through FEDX and USPS Priority Mail with guaranteed shipping dates and tracking, we cannot guarantee that the post office or other carrier will deliver your order by the date requested.
STICKERGUM is not liable if a shipment is delayed because of circumstances beyond our control. These circumstances include: terrorist activity; strikes; labor actions; an "act of God," (earthquake, cyclone, storm, floor, hurricane, tornado, etc.).
STICKERGUM'S shipping and delivery responsibility is limited to preparing your order and completing delivery to the selected delivery service. STICKERGUM shall not be liable for performance failures or delivery delays of the selected service. STICKERGUM accepts no responsibility for any additional services performed outside of STICKERGUM.
STICKERGUM does not refund shipping charges. The only exception is if STICKERGUM makes a mistake on your order, in which case, we will pay for any additional shipping charges incurred from shipping the corrected order.
STICKERGUM will not refund your order due to shipping delays; (delivery service errors, bad address information, remote locations, holidays, notice left; no one available at delivery - package returned to post office, weather, etc.).
In addition to your submission via our Design Form, the Site may from time to time offer areas where you can post or otherwise submit information, photos, graphics, creative suggestions, ideas, notes, concepts, information or other materials on or to the Site (collectively, “Submission(s)”).
By sending, posting or transmitting Submissions to STICKERGUM or any area of the Site, you grant STICKERGUM and those affiliated with us a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, STICKERGUM has the automatic right to use your Submissions -- including reproducing, disclosing, publishing or broadcasting your Submission -- anywhere, anytime, in any medium and for any purpose. All Submissions are deemed non-confidential and non-proprietary. You are responsible for your Submissions. By posting a Submission, you represent and warrant that:
- You own or otherwise control, through license or otherwise, all of the rights to your Submission, including without limitation all copyrights, trademarks and any other intellectual property or right of publicity;
- Your Submission is true and accurate;
- Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity;
- Your Submission complies with applicable laws, rules and/or regulations;
- Your Submission authorizes STICKERGUM to use your Submission as outlined above
USING THE STICKERGUM SITE
While using the Site, you will not:
- Create a false identity or impersonate any person, including falsely indicating that you are a STICKERGUM official or representative, celebrity or public figure;
- Transmit to or though the Site any advertisement, solicitation, junk mail or other unsolicited or unauthorized commercial or promotional content (unless expressly permitted in writing by STICKERGUM);
- Disrupt or attempt to disrupt the proper working of the Site (e.g., by hacking into STICKERGUM'S servers or social media accounts);
- Restrict or inhibit any other person from using and enjoying the Site;
- Transmit any virus, worm, Trojan or other malware to or though the Site;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Site;
- "Frame" or "mirror" any part of any of the Site unless you have STICKERGUM'S prior written authorization;
- Post or transmit any material or engage in any other behavior or activity that is false, misleading, unlawful, offensive, disruptive, harmful or otherwise objectionable as determined by us; or,
- Assist any person in engaging in any of the activities described above.
STICKERGUM has the discretion to terminate your access to the Site without notice for any violation of the above rules and reserves the right to other remedies as well.
CHILDREN AND THE SITE
IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD. We encourage you to investigate commercially-available parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting access to material considered harmful to minors.
DISCLAIMERS OF WARRANTIES & LIMITATIONS OF LIABILITY
STICKERGUM warrants that STICKERGUM has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. STICKERGUM specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. STICKERGUM does not warrant that (a) the Site will meet your requirements, (b) operation of the Site will be uninterrupted or virus-or error-free, or (c) errors will be corrected. Any oral or written advice provided by STICKERGUM or its authorized agents does not and will not create any warranty. YOU AGREE THAT IN NO EVENT WILL STICKERGUM BE LIABLE (1) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF STICKERGUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (2) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that STICKERGUM would not be willing to grant you the rights set forth in these Terms, but for your agreement to the above limitations of liability.
You agree to indemnify and defend STICKERGUM and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against STICKERGUM by any third-party arising from your use of the Site or any violation of these Terms, the rights of a third-party or applicable law. STICKERGUM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of STICKERGUM may be made without STICKERGUM'S prior written approval.
These Terms automatically terminate when you fail to comply with any term or condition of them. STICKERGUM may terminate or modify your access to the Site, with or without notice to you, at any time for any reason. For example, access to the Site may be denied without notice if STICKERGUM believes that you are not at least age 13. Termination will not limit any of STICKERGUM'S other rights or remedies. Such rights and remedies survive termination of these Terms.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights otherwise have been violated on or through the Site, please send your claim or notice of infringement to STICKERGUM'S designated DMCA agent at: DMCA Agent c/o Consumer Care Department StickerGum, LLC, 174 Nassau Street, Suite 114, Princeton, NJ 08542 or to email@example.com.
In your correspondence with our DMCA agent, please include the following information:
(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please do not send any other correspondence or inquiries to our DMCA agent. Our DMCA agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please visit www.copyright.gov for more information.
- These Collective Policies and Guidelines (i) inure to the benefit of and will be binding upon STICKERGUM'S and you and your successors and assigns, respectively; and (ii) may be assigned by STICKERGUM. But you may not assign them without the prior express written consent of STICKERGUM.
- If any provision of these Collective Policies and Guidelines are or become unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
- If STICKERGUM fails or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
- Nothing contained in these Collective Policies and Guidelines will be deemed to constitute STICKERGUM or you as the agent or representative of the other or as joint ventures or partners.
- If STICKERGUM is or you are prevented from performing or unable to perform any obligation under these Collective Policies and Guidelines due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
- The headings and captions contained herein are for convenience only.
- These Collective Policies and Guidelines and all related documentation will be drafted in English. While certain text in these may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
The laws of the State of New Jersey will govern these disclaimers, terms and conditions without giving effect to any principles of conflicts of law.