Terms of Use for StickerGiant

Last updated: March 6, 2018

TERMS OF USE

In these Terms of Use (“Terms”), “we” or “us” means StickerGiant.com, Inc. dba StickerGiant, and “you” means the person or entity (in the event you are acting on behalf of an entity or employer) either accessing www.stickergiant.com (“Site”) or purchasing the printing services offered through the Site (“Services”).

You must be old enough to have a valid credit card and enter into a legally binding contract to use the Services and buy Items.  If you do not meet those requirements, do not buy Services or Items.

You may need to create a user account on the Site to access or use various functionality.  You are responsible for choosing your username (which we can approve or reject in our discretion) and password.  You are responsible for maintaining the confidentiality of these credentials, and you are responsible for all use of the Services occurring under your credentials.

SERVICES & ARTWORK

You may use the Services to create custom items with logos, designs and artwork chosen by you, such as stickers and labels (“Items”).  To create Items, you will need to provide us with the images, artwork, logos, designs, or other content you wish to have printed on your Item (“Artwork”). You represent and warrant to us that you own or have otherwise obtained all necessary rights in and to the Artwork necessary: (a) to provide the Artwork to us, (b) to grant us the licenses you grant to us under this Agreement and for us to exercise the rights granted by you in these Terms, (c) to have us perform the Services, including, without limitation, reproducing the Artwork and manufacturing the Items with the Artwork printed on them, and (d) delivering the finished Items to you.   As between us and you, you own and retain all rights in the Artwork that you provide to StickerGiant. However, you hereby grant us a non-exclusive, non-transferable, perpetual, worldwide, paid up, royalty-free license to use, reproduce, publicly display, distribute, and prepare derivative works and modify the Artwork as is necessary to (x) manufacture and deliver the Items, and (y) to provide the Services. Additionally, to the extent you upload any other content to the Site, such as to post a review, you hereby grant us a non-exclusive, non-transferable, perpetual, irrevocable, worldwide, paid up, royalty-free license to use, reproduce, publicly display, distribute, and prepare derivative works and modify that content (which may include images, writings, illustrations) that you post or upload to our website for our business purposes.

Your use of the Services and Items must comply with all applicable laws, rules, and regulations.

YOUR CONSENT TO THESE TERMS

By using our Site, or purchasing Services or Items, you agree to these Terms.

PURCHASES

To purchase Items, you must follow the instructions on the Site and pay us the fees stated in the order process. The charges made to your credit card will show up as "StickerGiant.com Inc."  You hereby authorize us to charge your credit card the stated amount for the Services at the time you order Services. Stated fees are exclusive of applicable taxes. We use a third-party credit card processor.  We will collect and remit sales tax if required by applicable law. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information.

ORDERS PRINTED

By placing an order from StickerGiant and in addition to the other rights you grant us in the Terms, you grant us the non-exclusive right to use your Item in our marketing and as product samples, as well as to display a copy of your Item on our website or other marketing materials. If you do not wish to have your Items used let us know by completing and returning this Non-Disclosure Form, and we will gladly adhere with your request.

RIGHT OF REFUSAL

StickerGiant does not condone or endorse the content or expressions of orders submitted and disclaims any and all liability in connection to orders received. We reserve the right at our sole discretion to deny, or cancel any orders that are submitted to us, whether through the Site or otherwise, and can reject orders or Artwork without giving our reason for doing so.

DISCLAIMERS, LIABILITY LIMITS, INDEMNIFICATION

The Services and Site are offered to you on an as-is and as-available basis. EXCEPT AS EXPRESSLY SET FORTH IN OUR REFUND POLICY LOCATED AT https://www.stickergiant.com/return-policy, STICKERGIANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE SITE, INFORMATION ON THE SITE, SERVICES, AND ITEMS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.  

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THE USE OF THE SITE, SERVICES, OR ITEMS. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO US BY YOU FOR THE SERVICES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.

You agree to and shall defend, indemnify and hold harmless StickerGiant and its owners, employees, affiliates, successors and assigns from and against any and all actual or alleged claims, lawsuits, proceedings, causes of action, and related damages, losses, liabilities, costs and expenses, including attorneys’ fees, arising from or related to (a) the Artwork, (b) the Items, or (c) your use of the items or Site.

COPYRIGHT POLICY

In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • your physical or electronic signature;

  • identification of the copyrighted work(s) that you claim to have been infringed;

  • identification of the material on our services that you claim is infringing and that you request us to remove;

  • sufficient information to permit us to locate such material;

  • your address, telephone number, and e-mail address;

  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

The designated copyright agent for us is:

StickerGiant, LLC

Attn: JESSE FREITAS

880 Weaver Park Road

Longmont, CO 80501

marketing@stickergiant.com

OTHER TERMS

We may change these Terms from time to time.  Please check back each time you use the Services to see the most up to date version of the Terms.

You shall comply with all applicable laws, rules and regulations when accessing and using the Site, and purchasing Services.  You shall not attempt to circumvent any security of the Site or our other systems.

We may update the content on the Site from time to time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

If we have links on the Site to external, third-party websites, we have no control over those websites and you access and use them at your risk.  We provide those links as a convenience only.

We own various trademarks, including registered trademarks.  You may not use any of our trademarks, including the name StickerGiant or our stylized flame logo without our prior written consent.  Additionally, we own all of the content and information on the Site.

All matters relating to the Site, the Services, and your purchase of Services or Items, these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Colorado, without giving effect to any choice or conflict of law provision. Any legal suit, action or proceeding arising out of, or related to, these terms or our website will be instituted exclusively in the federal and state courts located in Denver County, Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

No waiver by us of any term or condition set forth in these terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these terms will not constitute a waiver of such right or provision.

If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect.

These terms and our privacy policy constitute the sole and entire agreement between you and StickerGiant with respect to our website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our website.

IF YOU HAVE A QUESTION

If you have a question about our Site, please write: StickerGiant.com, Attn: Website, 880 Weaver Park Road, Longmont, CO 80501.