PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Use of Stickertoons.com implies acceptance of the terms listed below:
WELCOME TO STICKERTOONS.COM. STICKERTOONS.COM (“STICKERTOONS”) PROVIDES ITS WEBSITE AND RELATED SERVICES (“SITE”) TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT (“AGREEMENT”). 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 ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. STICKERTOONS CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, YOU MAY CONTACT US USING THE CONTACT FORM LOCATED ON OUR “CONTACT US” PAGE.
SECTION 1 – User Account, Password, and Security
You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify Stickertoons of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. Stickertoons cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
SECTION 2 – User Conduct
In using this Site, you agree to not:
- Upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise (“Content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, download, post, email or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or design that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By submitting any such content, you represent and warrant that you have the lawful right to reproduce and distribute such content and that the content complies with all applicable federal, state and local laws, regulations and ordinances;
- Upload, download, post, email or otherwise transmit any content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, download, post, email or otherwise transmit false or misleading information;
- Disrupt or interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers, or networks connected to or accessible through this Site including affiliated or linked websites.
- Access, tamper with or use non-public areas of this Site. Unauthorized individuals attempting to access these areas of this Site may be subject to prosecution;
- Disrupt or interfere with any other user’s enjoyment of this Site including affiliated or linked websites;
- Frame or link to this Site except as permitted in writing by Stickertoons; or
- Incorporate images or names that would violate a person’s right of privacy or publicity.
You acknowledge that Stickertoons does not pre-screen submitted content, but that Stickertoons and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any content that is available via this Site. Upon placing your order, you acknowledge that Stickertoons may review your order and the content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, Stickertoons and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable to Stickertoons. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any content, created by or submitted to, Stickertoons. You acknowledge and agree that you are responsible for the creation and compilation of your content, and that neither Stickertoons nor any other party involved with the production of any product incorporating such content assumes that responsibility. Stickertoons’ production of any product depicting your content does not indicate that Stickertoons approves of the content, that the content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the content.
You acknowledge and agree that Stickertoons may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Stickertoons, its users and the public.
You understand that the technical processing and operation of this Site, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications taken under your account. Stickertoons takes no responsibility and assumes no liability for any content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Stickertoons and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, content or materials on this Site. You agree to indemnify Stickertoons and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Site and any products ordered on this Site in accordance with all applicable United States and Canadian federal, state or provincial and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
SECTION 4 – Proprietary Rights
You acknowledge and agree that any content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through this Site, by Stickertoons, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received through this Site without the authorization of the content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through this Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your content submitted to this Site. By submitting content to Stickertoons, you grant Stickertoons a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your content.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Stickertoons (excluding your content you submit) will automatically be deemed to be assigned, granted and transferred by you to Stickertoons upon their submission or communication to Stickertoons, and you do assign all rights therein to Stickertoons and agree that the same will automatically become the property of Stickertoons and that Stickertoons may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Stickertoons may elect, forever.
SECTION 5 – Intellectual Property Policy
Stickertoons respects the intellectual property rights of others.
Stickertoons may terminate the accounts of users who appear to infringe on the copyright or other intellectual property rights of others.
If you believe that your content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Stickertoons, and provide the following information (“Notice”):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
- A description of the copyrighted work and/or trademark claimed to have been infringed;
- A description of where the claimed infringing content is located on our Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
SECTION 6 – WARRANTY
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
SECTION 7 – Indemnity
You agree to defend, indemnify and hold Stickertoons and Stickertoons’ officers, directors, employees, agents and licensors harmless from all judgments, awards, damages, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through this Site, (b) your use of this Site, (c) your connection to this Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
SECTION 8 – No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Site, use of this Site, access to this Site, products purchased from this Site or artwork shown on this Site without Stickertoons’ express written consent.
SECTION 9 – Termination
You agree that Stickertoons, in its sole discretion, may terminate your account (or any part thereof) or use of this Site, and remove and discard any content you may have contributed to this Site, at any time for any reason or no reason. Stickertoons may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. You agree that any termination of your access to this Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Stickertoons may immediately deactivate or delete your account and all related information and files associated with your account and/or bar any further access to such files of this Site. Further, you agree that Stickertoons shall not be liable to you or any third-party for any termination of your access to this Site. Should you object to any terms and conditions of this Agreement or become dissatisfied with this Site in any way, your only recourse is to immediately discontinue your use of this Site and/or terminate your account.
SECTION 10 – Public Reputation
You acknowledge and agree that you will not use any sticker ordered from this Site in a way that would be damaging to Stickertoons’ public reputation or that of its employees. Additionally, you acknowledge that if you choose to display any product ordered from Stickertoons, in a public setting, including on the Internet, in a way which disparages Stickertoons, Stickertoons’ employees, licensors or agents, Stickertoons reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.
SECTION 11 – Pricing, Shipping, and Terms of Sale
You can buy products by using our online purchasing service. Online product purchases may be made by credit card or PayPal.
- Sale of Products: All sales are final. Prices for products are described on this Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at Stickertoons’ discretion.
- Additional Terms: In addition to these terms of sale, your purchase of any product, or your participation in any promotion, may be subject to any terms and/or conditions which are specified on this Site at the time you place an order to purchase a product or participate in any promotion.
- Payment Methods: Products may be purchased using credit cards or PayPal. Before processing any order, Stickertoons may obtain pre-approval, from the financial institution which issued the user’s credit card, for the cost of the products together with any/all applicable taxes and/or shipping charges. Your credit card or PayPal account will be charged at the time you place your order.
- Formation of Contract / Order: We reserve the right to reject, cancel, correct and/or terminate any order for any reason whatsoever in our sole discretion. Should there be an error in the price of the products, we will notify you, and you may either choose not to purchase the products, or purchase the products at the correct price. Should you request to change your order after an order has been placed or make a change from one shipping service to another, we reserve the right to withhold a change order/shipping service fee of $2.50 in addition to any other fees.
- Order Cancellation: Should you request to cancel your order for any reason, we reserve the right to withhold a cancellation fee to cover costs that are incurred for order and payment processing. The order cancellation fee is $1.73 or 5% of the total of the order being cancelled, whichever is greater.
Products are normally shipped within two business days (business days are Monday through Friday and excluding holidays) after the order has been processed and completed. Orders are shipped from Canada. We do not represent, warrant or otherwise guarantee the length of time it will take for your order to be processed, shipped or delivered.
Accuracy of Information: In order to complete your order, we rely on the information which you provide to us. By placing an order you represent, warrant and covenant that the information provided to us is complete, true, accurate and up-to-date. You are responsible for any costs which you or we incur as a result of incomplete, untrue, inaccurate or out-of-date information which you provide to us.
Stickertoons reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been cancelled.
SECTION 12 – Age and Geographic Restrictions
SECTION 13 – Correction of Errors and Inaccuracies
The information and products listed on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
SECTION 14 – Claims of Damage or Receipt of Inaccurate Shipment
If the order you received has been damaged by the postal carrier or if you believe an order has been shipped to you incorrectly, you must provide Stickertoons with clear, high resolution photographs of the product(s) as well as any/all packing materials the product(s) were received in. These photographs must be provided as proof of any damage or incorrect shipment and reviewed by Stickertoons before any action will be taken.
SECTION 15 – DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STICKERTOONS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
STICKERTOONS DOES NOT MAKE ANY WARRANTY THAT (A) THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THIS SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT STICKERTOONS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THIS SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT STICKERTOONS DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, STICKERTOONS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT STICKERTOONS MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STICKERTOONS, THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SECTION 16 – LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL STICKERTOONS OR ITS EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING STICKERTOONS PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, MORAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STICKERTOONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THIS SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION PURCHASED, OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SECTION 17 – Severability
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
SECTION 18 – General
These terms and conditions and your relationship with Stickertoons shall be governed by and construed in accordance with the laws of the United States and Canada, without resort to its conflict of law provisions. Stickertoons may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Stickertoons’ failure to act with respect to a breach by you or others does not waive Stickertoons’ right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between you and Stickertoons, and supersedes all other communications, written or oral, with regard to this Site and services provided by Stickertoons.