THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
We provide Visitors and Registered Users with access to the Website as described below.
Visitors. Visitors, as the term implies, are people who do not create an account with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view content and access publicly-available features and functionality on the Website; (ii) purchase Products (as defined below); (iii) subscribe to Imprint communications, alerts and other notifications; and (iv) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) access non-public features and functionality available only to Registered Users; (ii) sign up for our various programs; and (iii) become part of the Imprint community.
Imprint is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Imprint may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Service.2. COMMUNITY GUIDELINES
Imprint’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Website, you agree to comply with the following community guidelines (the “Community Guidelines”):
- You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;
- You will not upload, post, email, transmit, or otherwise make available any Registered User Content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- constitutes promotion or advertising of any third-party website, product or service; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not access or use the Website to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website;
- You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate Registered User Content of which you become aware.
We have the right, but not the obligation, to review and reject or remove content that, in our sole discretion, does not adhere to these Community Guidelines. We also reserve the right, in our sole and absolute discretion, to deny you access to the Website, or to any portion of the Website, without notice.3. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
You can make retail purchases of third-party goods (“Products”) through the Imprint Shop. Products may include Imprint-branded products. ALL PRODUCTS, EVEN IMPRINT-BRANDED PRODUCTS, ARE MANUFACTURED BY OR ON BEHALF OF THIRD PARTY SUPPLIERS, AND NOT BY OR ON BEHALF OF IMPRINT; THEREFORE, IMPRINT HAS NO CONTROL OVER THE QUALITY, SAFETY, LEGALITY OR EFFICACY OF ANY PRODUCT AND ASSUMES NO LIABILITY WITH RESPECT TO ANY PRODUCT.
If you purchase any Products, the following terms and conditions apply:
- As consideration for any purchase you make on the Website, you shall pay Imprint all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars.
- You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Imprint to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Imprint is a platform that sells original, one-of-a-kind art pieces from master craftspeople. All items are handmade, and as such, we are not currently able to accept returns, except for damaged items.
If you would like to contact us regarding your order, please email firstname.lastname@example.org within 30 days of receiving your order. Please note if an item is accepted for return, refunds will be provided in the form of Imprint Shop credit, minus the cost of return shipping, and some items may be subject to a restocking fee. Thank you—from both Imprint and our makers worldwide—for your understanding.
If you receive a damaged item, please contact us within 30 days of receiving your order at email@example.com with your name, order number and photos of the damage—we’ll straighten this out right away!
If you need something quickly, many of our products are also eligible for express shipping for an additional charge. You can see if your product has this service available by clicking “Shipping options & delivery estimate” on the product page.
If something is particularly heavy, bulky, comes in an especially cumbersome package, is perishable, or ships from another country, we’ll note an extra surcharge on the product page and at checkout.
We currently ship within the U.S., to all 50 states. We hope to offer international shipping sometime in the future. For items ordered that are created by U.S. craftspeople, most of the products will ship UPS Ground and you’ll receive an email with tracking information within a couple hours after shipment. Once a package is on its way to you via standard shipping, it will arrive within 1 to 5 business days. For items shipped to U.S. customers from international craftspeople, we offer International shipping through recognized international couriers, which could take around 2-3 weeks to reach you. Should your order necessitate expedited shipping, there are options for you to request Priority Mail options for an additional fee.5. SERVICE PURCHASES
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Imprint information regarding your credit card. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Imprint the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize Imprint to bill your credit card in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Imprint know within sixty (60) days after the date that Imprint charges you. We reserve the right to change Imprint’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Imprint’s net income.
If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Imprint to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Imprint is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Imprint, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
Imprint may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If you purchase any Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by Imprint. Except as otherwise explicitly stated by Imprint, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Imprint will have no refund obligations. Imprint disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
If you subscribed on our website, you can cancel your subscription by contacting firstname.lastname@example.org and providing your name and a reason why you would like to cancel your account.6. INTELLECTUAL PROPERTY
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Imprint (collectively referred to as the “Content”). For avoidance of doubt, Content does not include your Registered User Content, but the Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Imprint (the “Imprint Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Imprint. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Imprint Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Imprint Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.7. REGISTERED USER CONTENT; LICENSES
As noted above, the Website provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. You, and not Imprint, are entirely responsible for all registered user content that you upload, post, email, or otherwise transmit via the Website.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license, but not the obligation, to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Website, Imprint, and our products and services, which may include off-line print materials, such as educational books.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Imprint that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant to Imprint the license to the Registered User Content as set forth above, and that it and its use by Imprint and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.8. COMMUNICATIONS WITH US
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.9.. NO WARRANTIES; LIMITATION OF LIABILITY
The Website, the Products and the Content are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free, that the Website, its servers, or the content are free of computer viruses or similar contamination or destructive features, or that the products are free of defects or malfunctions.
We disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade.in connection with any warranty, contract, or common law tort claims: (i) we shall not be liable for any indirect, incidental, or consequential damages, lost profits, or damages resulting from the use or inability to access and use the website, the content or any product, even if we have been advised of the possibility of such damages; (ii) any direct damages that you may suffer as a result of your use of the website or the content shall be limited to the monies you have paid us in connection with your use of the website or content during the three (3) months immediately preceding the events giving rise to the claim; and (iii) any direct damages that you may suffer as a result of your use of any product shall be limited to the amount you have paid us in connection with the applicable order giving rise to the claim.
The Website may contain technical inaccuracies or typographical errors or omissions. The Website may contain information on certain products, not all of which are available in every location. A reference to a product on the websites does not imply that such product is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the website at any time without notice.10. EXTERNAL SITES
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We have no control over the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.11. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any Registered User Content that you provide, or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matters.12. COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Website, the Content, or the Products from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.13. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.14. DIGITAL MILLENNIUM COPYRIGHT ACT
Imprint respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Imprint Space Inc.
26611 Heirloom Place
Santa Clarita, CA 91350
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.15. BINDING ARBITRATION
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.17. CONTACT INFORMATION
The Service is offered by Imprint Space Inc., which can be reached at Imprint Space, Inc., 26611 Heirloom Place, Santa Clarita, CA 91350. You may contact us by sending correspondence to that address or by emailing us at email@example.com. MISCELLANEOUS
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The following provisions will survive any expiration or termination of this Agreement: “Retail Purchases,” “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receiver further information regarding the use of the Service.