Terms of Use

TERMS OF USE
Sticker Pack, Inc.
Last Updated: [9.19.19]

 

Thank you for using Sticker Pack, Inc. (referred to as “Sticker Pack,” “we,” “our,” or “us”)! Please read these Terms of Use carefully before you start to use www.stickerpack.com (the “Website”).

 

By accessing and using the Website, placing an order through the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you (or the entity whom you represent or are acting on behalf of) (“you” or “Customer”) accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [Privacy Policy] and COPYRIGHT Policy, found at [Copyright Policy], which are incorporated herein by reference. If you do not want to agree to these Terms, you must not access or use the Website.

 

ARTICLE 1

CHANGES TO THE TERMS OF USE

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

 

Your continued use of the Website following the posting of revised Terms of Use means you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

ARTICLE 2

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

 

All information we collect on this Website, including information you provide to register with this Website or otherwise, is subject to our Privacy Policy [Privacy Policy]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

ARTICLE 3

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

 

This Website is offered and available to users who are 18 years of age or older. By using or accessing the Website, you represent and warrant you are over age 18.

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

ARTICLE 4

INTELLECTUAL PROPERTY RIGHTS

 

The Website and its entire contents, features, and functionality (including but not limited to all sticker designs, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Sticker Pack, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal use and for legitimate business purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for limited business purposes or your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for legitimate business purposes or your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features and comply with the Linking to the Website and Social Media Features section of these Terms of Use.

 

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

To the extent the Website is being used for commercial purposes, access or use of any part of the Website or any services, materials, or products available through the Website should be limited solely to legitimate business needs and considerations as related to your role as a potential or current supplier, distributor, or customer of Sticker Pack.

 

If you wish to make any use of material on the Website other than that set out in this section (for example, if you want to use a sticker design on a shirt, mug, or other product), please address your request to: [legal@stickerpack.com].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Sticker Pack. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws

 

ARTICLE 5

TRADEMARKS

Sticker Pack’s name and all related names, logos, product and service names, designs, and slogans are trademarks of the Sticker Pack. You must not use such marks without the prior written permission of Sticker Pack. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

ARTICLE 6

COPYRIGHT INFRINGEMENT

 

If you believe that anything on this Website violates your copyright, please see our Copyright Policy [Copyright Policy] for instructions on sending us a notice of copyright infringement.

 

ARTICLE 7

AUTHORIZATION TO USE NAME FOR MARKETING

You agree to participate in reasonable marketing activities that promote Sticker Pack to other potential customers and to use of your name, logo, and sticker design(s) on the Website and in Sticker Pack’s promotional materials. You agree Sticker Pack may disclose you as a customer of Sticker Pack.

 

ARTICLE 8

PROHIBITED USES

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

 

  • To submit images to Stick Pack for sticker production which you do not own or have a license to.
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Sticker Pack, a Sticker Pack employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Sticker Pack or users of the Website, or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

ARTICLE 9

TERMINATION

We have the right to:

 

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

 

ARTICLE 10

ONLINE PURCHASES

 

All purchases through our site or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you, are governed by applicable terms of sale as set forth in documents associated with purchases.

 

ARTICLE 11

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

 

This Website may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

 

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

 

 

ARTICLE 12

INTENTIONALLY OMITTED

 

           

ARTICLE 13

GEOGRAPHIC RESTRICTIONS

 

The owner of the Website is based in the State of Nevada in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

ARTICLE 14

WARRANTY DISCLAIMER     

Sticker Pack strives to provide great products and services, but there are certain things Sticker Pack cannot guarantee. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER STICKER PACK NOR ANY PERSON ASSOCIATED WITH STICKER PACK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER STICKER PACK NOR ANYONE ASSOCIATED WITH STICKER PACK REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

You understand we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or emailed to you related to your access of the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, EMAILS YOU RECEIVE FROM US BECAUSE OF YOUR USE OF THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, STICKER PACK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

ARTICLE 15

LIMITATION OF LIABILITY, REMEDIES AND DAMAGES

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF STICKER PACK AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND SHAREHOLDERS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO STICKER PACK FOR THE APPLICABLE PRODUCT OR SERVICE IN THE LAST THREE MONTHS OUT OF WHICH LIABILITY AROSE.

 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

ARTICLE 16

INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless Sticker Pack, its affiliates, licensors, and service providers, and its and their respective officers, directors, owners, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

ARTICLE 17

MISCELLANEOUS

  • Your Comments and Concerns. This website is operated by Sticker Pack. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the address set forth in Section 17.9.

 

  • Assignment. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign these Terms without the advance written consent of the other party, except that Sticker Pack may assign these Terms in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of Sticker Pack’s assets or voting securities. Any attempt to transfer or assign these Terms except as expressly authorized under this Section will be null and void.

 

  • Entire Agreement/Severability. These Terms of Use in tangent with the Privacy Policy and those terms and conditions incorporated or referred to herein, constitute the entire agreement between you and Sticker Pack regarding the referenced subject matter, and superseded any prior understandings or agreements (whether oral or written) regarding the subject matter. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions. No amendment of these Terms of Use, unless made by Sticker Pack, shall be binding on Sticker Pack unless the express prior written consent of Sticker Pack is obtained.

 

  • Waiver. No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms of Use, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived.

 

  • Informal Dispute Resolution. Sticker Pack aims to address your concerns without the need for a formal legal proceeding. Before filing a claim against Sticker Pack, you agree to try to resolve the dispute informally by contacting Sticker Pack at the address set forth in Section 17.9. Sticker Pack will try to resolve the dispute informally by contacting you via email or phone. If a dispute is not resolved within 15 days of submission, you or Sticker Pack may bring a formal proceeding.

 

  • Governing Law, Jurisdiction, and Venue. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction). Subject to the arbitration provisions below, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada, in each case located in the City of Reno and County of Washoe although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts and consent to venue and personal jurisdiction in such courts.

 

  • Arbitration; Waiver of Class Action. At Sticker Pack’s sole discretion, it may require you to submit any disputes arising from these Terms of Use, any products or services purchased through the Website, or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nevada law. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

 

  • Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  • Notices. Except as explicitly stated otherwise, any notices shall be given by email to Sticker Pack at [legal@stickerpack.com] or to you at the email address you provide to Sticker Pack. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified the email address is invalid. You consent to receive communications from Sticker Pack by email in accordance with these Terms of Use and applicable law. You acknowledge and agree all agreements, notices, disclosures and other communications Sticker Pack provides to you electronically will satisfy any legal requirement that such communications be in writing.

 

  • How do I contact Sticker Pack?

               Our postal address is:

               Sticker Pack

               75 East Patriot Blvd

               STE 2

               Reno, NV 89511

 

               We can be reached at email at [legal@stickerpack.com] and by phone at [603-496-6621].

 

  • Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Website is provided by Sticker Pack, located in Reno, Nevada. If you have a question or complaint regarding the Website, please contact Sticker Pack at the notice address listed above. California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

 

 

 

 

 

 

 

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