Terms and conditions
Stickstagram is a social design service where you can create your own stickers and posters using Instagram™ photos. Stickstagram is provided by(the "Company", "we" or "us"). Stickstagram employs the Instagram™ API (Application Programming Interface) technology. However, we are not endorsed or certified by Instagram™ or their affiliates and we do not have any business relationship with Instagram™.
Instagram™ does not endorse Stickstagram, but we respect their products. By using the Stickstagram website (the "Website"), you are agreeing to be bound by the terms and conditions of Instagram™ (the "Instagram™ Terms and Conditions"), which can be viewed at http://instagram.com/legal/terms. Do not proceed any further and do not access or use the Website or any of the services made available in the Website if you do not agree to be bound by the Instagram™ Terms and Conditions.
Before accessing or using the Website, please read the Agreement (in particular, these Terms and Conditions) carefully, as they affect your rights and liabilities under the law. Do not access or use the Website or our services if you do not agree to all of these Terms and Conditions. If you have any questions on the Agreement or any of these Terms and Conditions, please contact firstname.lastname@example.org
Use of the Website.
The Website is provided to you for your use subject to these Terms and Conditions. By using the Website you agree to be bound by (i) the Agreement (in particular, these Terms and Conditions) and (ii) the Instagram™ Terms and Conditions. Although we will normally only refuse use of the Website if these Terms and Conditions are violated, we reserve the right to refuse use of the Website to anyone for any reason at any time.
Your Content on the Website.
You are entirely responsible for the content (the "Content") that you submit, post and display on the Website, and any harm resulting from the submission, posting and display of the contents on the Website. These include, without limitation, posting material to the Website, posting links on the Website, commenting on the Website or otherwise making (or allowing any third party to make) material available via the Website. That is the case regardless of whether the Content constitutes data, text, files, information, images, screen names, graphics, photos, profiles, audio files, video files, audiovisual combinations, interactive features, musical works, works of authorship, applications, links, codes, scripts, computer software or other material. By making the Content available, you represent and warrant that:
• The proprietary rights, including but not limited to the copyright, patent, trademark, trade secret rights and other intellectual property rights of any third party in the Content will not be infringed by the copying, downloading and use of the Content;
• If the intellectual property rights or proprietary rights of the Contents belong to your employer, you must have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
• Any third-party licenses relating to the Content must be fully complied with and successfully pass through to end users under any required terms and all royalties, fees and other monies owing to other persons and relating to the use of the Content must have been fully and duly settled;
• The Content is free from any bugs, viruses, worms, malware, trojan horses or other harmful or destructive content;
• The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• The Content does not contain any pornographic material, threats or material which incites aggression towards individuals or entities, and does not infringe
We may, but has no obligation to, remove the Content and the Stickstagram Account(s) containing Content that, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates the intellectual property rights or other proprietary rights of others, the Agreement (in particular, these Terms and Conditions) and the Instagram™ Terms and Conditions.
Our right to use Your Content on Website.
We do NOT claim ANY ownership rights in the Content that you submit, post and display on or via the Website. By submitting, posting and displaying any Content on or via the Website, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, adapt, delete from, add to, publicly perform, publicly display, reproduce, transmit, store, translate, publish, broadcast, distribute, sell or otherwise exploit such Content, including without limitation, the adaptation, reproduction and distribution of part or all of the Content in any media formats through any media channels.
Visitors' Activities on the Website.
We have not evaluated, and cannot evaluate, all of the Contents posted by visitors (i.e. persons assessing the Website and without a Stickstagram Account) to the Website ("Visitors' Contents"), and will not be responsible for the Visitors' Contents or their use or effects. By using the Website, we do not stand for or imply that we supports the Visitors' Contents, or that we believe such Visitors' Contents to be accurate, useful or without harm. You are responsible for taking precautions as necessary to defend yourself and your computer systems from bugs, viruses, worms, trojan horses, and other harmful or destructive content. The Website may contain Visitors' Contents that are offensive, indecent, or otherwise objectionable, as well as containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain Visitors' Contents that violate the privacy or publicity rights, or breach the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which are subject to additional terms and conditions, express or implied. We disclaim any and all responsibility for any harm resulting from the use by visitors of the Website, the submission, posting and display of Visitors' Content on the Website or from any downloading by those visitors of any Content on the Website.
Your Payment / Orders on the Website.
The orders placed on the Website are subjecting to being charged with import fees, taxes, custom duties, related package handling fees and/or any other relevant charges required by the corresponding designated country and/or the organization(s) that handle(s) the shipment / delivery of the orders. None of these charges are included in the price that you pay on the Website. Items cannot be sent as gifts, and your purchase may or may not have these charges, depending on the policies of the designated country and/or the organization(s) that handle(s) the package. If any of the said charges apply, you may need to pay for them to the respective collection authority in advance of receiving your purchase. You should check with any related authority of your country (or the designated country of the order) for any charges required to receive the goods you order from Stickstagram. Stickstagram is not responsible for any of these charges, and would not refund on item(s) returned to us due to unaccepted / undelivered and/or any other reasons unless otherwise agreed with Stickstagram in advance.
Furthermore, since products from Stickstagram are highly customized and tailor-made for individual customized and tailor-made for individual customers, products cannot be returned for refund. If you are not satisfied by defects on the products (such as scratched printing), please contact our customer services team for assistance and the team will investigate the problem and arrange an exchange of the product with a new one if necessary.
Shipping / Delivery of Your Order.
The delivery type "Standard Shipping" is done via international registered articles while the type "Express Mail (EMS)" is sent via Express Mail Service. Both of the delivery types are to be carried out by the national postal service when the articles arrive in the destination country.
The way the package is presented to the recipient will depend on the postal service provided in the designated country. Most of the time packages are delivered by postman to the address and require the recipient to sign to receive the package. However, this may not be applicable to some countries or particular areas in the country and recipients may sometimes be required to pick up the package from the postal service's office. Please contact the national postal service of your country to check the way packages are delivered.
Since shipping is often affected by the processing time of the Customs and delivery standard in the destination country,the estimated delivery date indicated on the Web site is strictly for reference only and shall not be regarded as a commitment. Stickstagram does not guarantee orders to be delivered by a particular time, and shall not be liable for any direct / indirect loss caused by delivery issues. If there is a necessity to check the status of the article in the destination country with local postal service, you will need to carry out the enquiry on your own and Stickstagram will not be responsible for any fees (such as communications) incurred.
Availability of the Website.
Although we aim to offer you the best service possible, we make no promise that the services at the Website will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Website you should report it email@example.com and we will attempt to correct the fault as soon as it reasonably can. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
Third Party Websites.
The Website includes links to other websites and webpages ("Third Party Websites"). We have not reviewed, and cannot review, all of the material made available through the Third Party Websites to which the Website links and that link to the Website. We do not have any control over the Third Party Websites, and will not be responsible for their contents, use, privacy policies, or practices. By linking to a Third Party Website, we do not represent or imply that we endorse such Third Party Website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. We disclaim any and all responsibility for any harm resulting from your use of the Third Party Websites.
We reserve the right to amend the Agreement (in particular, these Terms and Conditions) from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any material changes in the Agreement (in particular, these Terms and Conditions) will be notified to you via the email address provided by you on registration or published via a suitable announcement on the Website. You should nonetheless periodically review the up-to-date version of these Terms and Conditions available at [*]. The changes will apply to the use of the Website immediately after such notice has been given. What constitutes a material change will be determined at our sole discretion. If you do not wish to accept any of the new Agreement, you must not continue to use the Website. If you continue to use the Website after the positing of the amendments on the Website, your use of the Website constitutes your agreement to be bound by the new Agreement (in particular, the new Terms and Conditions). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Agreement (in particular, the Terms and Conditions).
In the event a product is listed on the Website at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. We reserve the right to reject any orders placed on the site.
You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damagers, losses, liabilities, costs or expenses (including without limitation, attorneys’ fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of your use of the Website, including but not limited to your violation of the Agreement (in particular, the Terms and Conditions) and the Instagram™ Terms and Conditions.
Disclaimer of Warranties.
The Website is provided “as is”. We, our suppliers, licensors and licensees hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of any intellectual property rights, other proprietary rights or statutory requirements. Neither we nor our suppliers, licensors or licensees make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You will download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Stickstagram 's liability.
You understand that when using the Website, you will be exposed to content from internet sites or sources outside the Website, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the aforesaid, and, to the fullest extent permitted under the applicable law, agree to indemnify and hold harmless the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents to the fullest extent allowed by law regarding all matters relating to your use of the Website. Further, if we are in breach of these Terms and Conditions, we will only be responsible for any loss that you suffer as a result to the extent they are a foreseeable consequence to both we and you at the time you use the Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption, but shall not limit or affect our liability resulting from any products sold through the Website being found to be unsafe or if something we do negligently causes death or personal injury.
Limitation of Liability.
To the fullest extent permitted under the applicable law, in no event will the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents be liable with respect to any subject matter of the Agreement (in particular, the Terms and Conditions) under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive losses or expenses or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid to us by you during the twelve (12) month period prior to the accrual of the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
Advertising and Sponsorship.
Part of the Website may contain advertising and sponsorship material. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with the relevant law. We will not be responsible to you for any error or inaccuracy in advertising or sponsorship material posted on the Website.
We and you shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.
General Representation and Warranty.