PLEASE READ THE FOLLOWING TERMS CAREFULLY. ANY PURCHASES OFF OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS.
NOTE: No copyrighted material, nudity, violence, drugs, or otherwise explicit content will be accepted for print or manufacturing.
These terms ("Terms") apply to all uses you ("You") may make of this website (the "Site") including, but not limited to any: use of the Site's product customization and ordering service ("Service") and products ("Products").
If You do not agree with any of the Terms of this agreement, do not access or otherwise use this Site or any information contained therein. Your use of this Site shall be deemed to be Your agreement to abide by each of the terms set forth herein and Your representation and warranty to us that (i) you have full power and authority to enter into these Terms.
The Site is operated and managed on servers located and operated within the United States. By using and accessing our Service, residents and citizens of countries and jurisdictions outside of the United States agree and consent to the transfer to and processing of personal information on servers located in the United States, and that the protection of such information may be different than required under the laws of your residence or location.
1. Your Submissions to the Site:
1.1 The Service allows you to upload or create custom images that may be incorporated into the Product (each a "Submission"). Under these Terms, Your Submission may NOT contain any of the following:
- Any threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hate speech, or racially or ethnically objectionable material or any other material that could give rise to any civil or criminal liability under applicable law.
- Any material that could infringe rights of privacy, publicity, trademark or copyright without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material.
1.2 While New Custom, LLC ("Seller") is not responsible for the content of the Submissions, Seller reserves the right to delete, move or edit submissions that it, in its sole discretion, deems to violate the foregoing Section 1.1 or otherwise unacceptable. Seller may request confirmation of the copyright or trademark ownership from You. Seller reserves the right to suspend the shipping of any order before such confirmation is received. If Seller does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Seller reserves the right to share certain account information with governmental organizations or other third parties. If You dispute any copyright or trademark infringement claims, Seller will share with You the contact information of any party claiming any such infringement. In the event of any such dispute, Seller reserves the right to suspend production and shipment of the Product until such dispute has been resolved. In addition, You warrant that all moral rights in any uploaded materials have been waived. Your physical or electronic sharing of Your images constitutes permission for reprinting by Seller. Seller will not be liable for the content of any Submission.
1.3 If Your Submission knowingly or unknowingly violates the terms of Section 1.1, including by Your inclusion of copyrighted material in a Submission, and if Seller representatives discover that, the following will occur:
- All processing of Your order shall cease.
- Seller will notify You of the unauthorized Submission.
- Seller will not refund Your funds for that Submission if production on your Product is in process. If your production on your Product has not yet begun, Seller will give you store credit.
You must be at least 13 years of age to use the Site. If You, Your parent or guardian, have any concerns please feel free to contact Seller at customer support, email@example.com.
3. Seller’s Copyrighted Material, Software and Intellectual Property Rights
All of the information, content, software and materials Seller offers at the Site are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. The Marks and other brand names in this Site are the worldwide trademarks or registered trademarks of Seller or are being used with the rights secured by Seller, hereunder. Trademarks of other parties are identified wherever possible and Seller acknowledges their rights.
You agree to indemnify, defend and hold harmless Seller, its affiliates and subcontractors, and all their officers, directors, employees, agents, licensors, suppliers and any third parties providing information relating to the Products or Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to Your account (including negligent or wrongful conduct) by You or any other person purchasing Products or accessing the Service using Your account.
Any action under these Terms must be brought, if at all, within one year from the accrual of the cause of action. You and Seller agree that any claims under these Terms shall be subject to the laws of the Commonwealth of Virginia, and hereby consent to jurisdiction and venue in the courts of Richmond, Virginia.
7. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Seller’s Copyright Agent the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. a description of the copyrighted work or other intellectual property 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; 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Seller’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o New Custom, LLC, 201 W 7th St, Richmond, VA 23224
By email: firstname.lastname@example.org
8. Disclaimer of Warranties for Products and Services
ONCE YOU HAVE BEEN NOTIFIED VIA EMAIL THAT A PRODUCT IS IN PROCESS, WE WILL NOT OFFER REFUNDS EXCEPT AS SPECIFICALLY SET FORTH HEREIN. SELLER OFFERS A LIMITED 30 DAY REFUND POLICY ON PRODUCTS PURCHASED HEREUNDER, (A) IF THERE IS DAMAGE TO THE PRODUCT THAT OCCURRED THROUGH NO FAULT OF THE CUSTOMER, SUCH AS SHIPPING INCIDENTS, PLYWOOD DELAMINATION, TORN LEATHER, OR HARDWARE DINGS OR (B) IF THERE ARE WOOD GRAIN OR LEATHER ANOMALIES. IN ORDER TO RECEIVE SUCH A REFUND, YOU WILL NEED TO PROVIDE US WITH A PHOTO OF THE DAMAGE AND A REASONABLE EXPLANATION. IN CONJUNCTION WITH THIS LIMITED 30 DAY RETURN POLICY, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND ARE OFFERED WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SELLER'S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY REGARDING ANY SOFTWARE, PRODUCTS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, PRODUCTS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR SERVICES, FROM ANY CHANGES TO THE SITE OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. No Abuse of Site or Service
You also agree not to:
- use the Service to harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise the origin of any of a Submission;
- sublicense, resell, rent, lease, transfer or assign (except as permitted in Section 16) the Service or its use, or offer the Service on a time share basis to any third party;
- use the Service to share, post, transmit, or otherwise make available to others any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- act in a manner that negatively affects other users’ ability to use the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
- modify, adapt, or hack the Service, including by using any Seller APIs except through the apps and web pages that we provide, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks;
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the Service, including, but not limited to, any data, privacy, or export control laws, any regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; or
- use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
11.1 Seller may assign its rights and responsibilities under these Terms without notice to You. All items purchased through Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You on our delivery to our carrier (ie, F.O.B. Seller's facility).
11.2 If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
11.3 These Terms constitute the entire agreement between You and Seller with respect to the Site, Products and Service, and supersede all other communications, written or oral, with regard to that subject matter.
11.4 Seller may change or modify this agreement at any time by posting an updated user agreement on this site, and Seller may, but is not required to, send registered users an email notice of those changes. If any change or modification is unacceptable to You, You shall cease using the site. If You do not cease using the site, You agree that Your continued use shall constitute an acceptance of those changes or modifications.
The current version of the Seller Terms was adopted effective as of April 5, 2016.