Custom-Products Terms of Service
Last Updated 4/3/2023
Below you will find our Terms of Service (including a summary) for custom product orders.
- You agree not to upload any inappropriate designs or harmful files.
- You agree not to use or upload someone else's intellectual property (e.g. copyrighted images, trademarks, etc.) without their permission.
- We are not responsible for misspellings, grammar, or design errors.
- You as the buyer are solely responsible for the content you submit, even if you are acting as a third party.
- We may cancel an order and fully refund you if we think something looks fishy.
- If you have a really big or important order, we might contact you by email to confirm everything looks OK before we print.
WELCOME TO THE TERMS OF SERVICE (THE "TERMS OF SERVICE") FOR DIY KIT CREATIONS ("SITE" OR "DIYKITCREATIONS.COM"), WHICH IS OWNED AND OPERATED BY DIY KIT CREATIONS ("DIY KIT CREATIONS", "WE", "US", OR "OUR"). FOR PURPOSES OF THESE TERMS OF SERVICE, "YOU" AND "YOUR" OR "USER" MEANS YOU AS THE USER OF THE SITE.
THE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DIY KIT CREATIONS FOR CUSTOM PRODUCTS AND GOVERN ANY AND ALL USE OF THE SITE BY ANY AND ALL USERS OF THE SITE AND ANY RELATED SERVICES OFFERED THEREFROM. BY USING THIS SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF SERVICE.
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which:
(a) are unlawful, threatening, harassing or profane;
(b) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or
(c) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.
Under these Terms of Service, you agree that you will NOT upload any artwork files consisting of the following material: 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, trademarks, 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. We will refuse an order based on foregoing reasons or for any other reason which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to cancel and refund an order without disclosing a reason.
We may, at our sole discretion, require you to approve of a proof via email before printing your order. If you do not respond to the proof approval request within 3 days, we may print your order AS IS or cancel and fully refund your order as we see fit.
We expressly reserve the right, in our sole discretion, to terminate a user's access to any or all areas of the Site due to any act that would constitute a violation of these Terms of Service.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DIY KIT CREATIONS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIY KIT CREATIONS INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. UNDER NO CIRCUMSTANCES SHALL THE COVERED PARTIES BE LIABLE TO YOU OR ANY OTHER CUSTOMER FOR SAID CUSTOMER'S LOSS OF BUSINESS, LOSS OF PROFITS, POSTAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SUCH CUSTOMER AS A RESULT OF OUR ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES.
You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms Of Service, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), then you represent and warrant that you are authorized by such Third Party to submit Requests or otherwise use the Site on its behalf. You agree that you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms of Service applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.