OVERVIEW
Welcome to CustomAny! This website is operated by CustomAny. In these Terms of Use (“Terms”), “we”, “us”, "our" or "Owner" refers to CustomAny, and “you” or "User" means the person or entity who either accessing the "Site" (www.customany.com) or purchasing the printing services offered through the Site (“Services”). CustomAny, the Owner, offers this website, including all information, tools and services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or using our services to create custom items such as stickers and labels, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”), including the additional terms, conditions and policies referenced herein and/or available by hyperlink. All users of the site, including without limitation browsers, vendors, customers, merchants, and/or content producers, are subject to these Terms of Use.
Please read our Terms of Use carefully before accessing or using our website and service.
1. YOUR CONSENT TO THESE TERMS
By using our Site, or purchasing Services or Items, you agree to these Terms.
You represent that you are at least the legal age of majority in the state or province where you reside, or that you are the legal age of or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services
2. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
3. CONTENT PROVIDED BY THE USER
You, the User, are in charge of all content (including but not limited to text, data, photos, graphics, or any of these elements combined as a design for stickers available on this Site or elsewhere) that you upload, post, share, or otherwise transfer on or through CustomAny.
In using this Site, you agree to not upload, post, share, or otherwise transfer on or through CustomAny the Content that may violate any party's copyright, patent, trademark, trade secret, or other intellectual or property right. You may only contribute original content that you have independently generated from original elements, as a general rule. By submitting any content, you affirm and guarantee that you own the legal right to use, copy, and distribute it, and that it complies with all relevant laws, including but not limited to federal, state and local laws, regulations and ordinances; you certify that you have obtained all necessary consents from third parties whose data and/or content they share with the Owner. By using this Site, you hereby indemnify the Owner for any liability or claim arising against the Owner in connection with the illegal distribution of third-party content or the unlawful use of the Service.
4. LIMITATION OF LIABILITY
CustomAny takes no responsibility and liability for any Content that is uploaded or otherwise sent by or to you, a third party, or by or to CustomAny.
You consent to waive any claims against CustomAny, its affiliates, contractors, agents, and employees from any claims may have for losses, damages, or injuries arising out of or connected to communications, Content, or anything on the Site. You acknowledge that by violating any of the terms of this Agreement, you agree to indemnify CustomAny and its affiliates from any and all liabilities and expenses, including reasonable attorney fees.
The Owner does not moderate the content posted by Users or by third parties, but will take action in response to user complaints or requests for removal of anything that is deemed offensive or illegal by public authorities.
5. RIGHTS OF REFUSAL
We reserve the right to deny, or cancel any orders, refuse any service that are submitted to us without giving our reason for doing so.
We value self expression; however, we will not print content that consists offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.
6. PROPERTY RIGHTS
By accessing and using this site, you acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, or other material distributed on or through the Site by CustomAny, its advertisers, or other third parties, is subject to intellectual property rights, including but not limited to trademarks, service marks, patents, copyrights, and other laws protecting proprietary information. Any Content you obtain through the Site may not be used or shared without the owner's consent. In accordance with applicable copyright and other intellectual property laws, you agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content made accessible through the Site.
All ownership rights to the Content you submit to the Site remain yours. By uploading it to CustomAny, you grant us a nonexclusive, transferable, worldwide license to use, copy, reproduce, edit, publicly display, and distribute your Content.
Upon submission or communication to CustomAny, the intellectual property rights in and to any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts, or other written materials (excluding the content you submit) will automatically be deemed assigned, granted, and transferred by you to our website. You hereby assign to CustomAny all of your rights therein and agree that such rights shall automatically become our property, and that CustomAny shall be free to use such materials and all related intellectual property rights in any manner and for any purpose it chooses, forever.
7. INTELLECTUAL PROPERTY RIGHTS
CustomAny are considerate of other people's intellectual property rights. We request the same of our Users. Please contact our legal department and submit the following information if you suspect that your content has been reproduced in a way that violates your copyright and/or trademark.
- a physical or electronic signature of a person authorized to act on behalf of the owner of an allegedly infringing exclusive right;
- a description of the allegedly infringing work under copyright or trademark;
- a description of the area on our site where the allegedly infringing Content is located.
- a declaration from you stating that you believe in good faith that the copyright or trademark owner, its agent, or the law has not given permission for the disputed use;
- a declaration from you that the information in your Notice is true and that you have the owner's permission to act on their behalf, made under oath and under penalty of perjury.
- your name, address, phone number, and email address.
CustomAny's legal department can be reached at: [email protected].
8. SERVICES PROVIDED BY THIRD PARTIES
We does not moderate any content or link that third parties provide before they are published on CustomAny. The content offered by third parties or its accessibility are not the Owner's responsibility.
We are not liable for any harm or damages related to the services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We, under no circumstances, will not be held responsible for ensuring that third-party services are available, properly functional, or both.
9. TERMS OF SALE
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Your submission of personal information through the Site is governed by our Privacy Policy. You must consult CustomAny's Privacy Policy, which is hereby considered to be part of these Terms, for information on how your personal data is used.
CustomAny provide printing service that can be paid by credit card, Paypal or other means. We use third-party tools for payment processing and do not have any connection to any of the submitted payment information, including credit card information. The cost of any denied payments must be covered by the user.
Any refund request through the Site is governed by our Return and Refund Policy.
Deliveries are made at the address provided by the User and according to the order summary's instructions during regular business hours. Any order delivery through the Site is governed by our Shipping Policy.
10. DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law..
11. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
12. GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.
CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
