Terms of Service
Last Updated 18/5/16
Welcome to Designo Case, a printing service, online store, and website (the “Site”) (collectively, the “Service”) that is most excellent. We create and produce Phone case and GlassPix from your photos and images.
We aspire to do the right, ethical and legal thing in bringing you this site, and we ask that you use the same judgment as you read, link to, or use our site and the content hosted on Designo Case. Users of the site must act ethically and not engage in any activity that deems to be gaming or otherwise abusing the site. Designo Case reserves the right to terminate the account of any member for any reason whatsoever.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.
- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
If you are an Artist offering your Images through the Designo Case Marketplace, you understand that you are bound by these Terms of Service, including any additional obligations or rights as set forth below in the section entitled DESIGNO CASE MARKETPLACE.
- ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be thirteen or older to register as a member of Designo Case. Use of the Service is void where prohibited. By using this Site, and/or by creation of a Designo Case account, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by these Terms of Service.
- MODIFICATIONS TO TERMS AND CONDITIONS
Designo Case may change the Terms of Service from time to time and at any time, and without actual notice to you. All such changes to these Terms of Service will be posted on the Site and Service. By using the Site or Service after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms of Service or any modifications to these Terms of Service, you must stop using the Site and Service. Continuing use of the Service shall constitute your acceptance of the then current version of these Terms of Service.
As part of the account setup and registration process, you may be asked to select a username/email and password. We may refuse to grant you an account for any reason in our sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us promptly of any unauthorized use or disclosure of your password, username or account.
- DESCRIPTION OF SERVICE
The primary value of the Service is the ability for users and potential purchasers ("Users") to order the creation by Designo Case that display images, photos, graphics or other content (“Images”) they upload [or purchase through the Designo Case Marketplace]. The products process is totally digital and completed by means of computer interaction alone between the Users and the Service. You agree that no Designo Case employee, employer, officer, owner, agent or authorized representative is responsible for monitoring any Images, whether uploaded by you or any other user of the Service, neither while on the website, nor after purchase and during the production process. You agree that any orders you submit and your Images will not be checked for content, size, orientation, mounting option, border selection, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Realm of Control through the use of the editor on the Service. You shall be solely responsible for checking your order and submitted or purchased Images during the purchasing process for layout and content and agree that you have done so.
"Realm of Control" refers to any part of an Image that is editable by the User. Including but not limited to: color, size, border selection, orientation, mounting option, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
While Designo Case shall have no obligation to review the content of your order or any Image, it reserves the right to do so and you are bound by the restrictions as laid out in these Terms of Service. Should it come to the attention of Designo Case that you have violated the Terms of Service, you agree that Designo Case may send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned within 90 days of your receipt of notice of cancellation.
- USER CONDUCT
Content. You are solely responsible for all Images and any other data, text, software, audio, video, files or other materials (“User Content”) which is transmitted, uploaded, posted, or distributed by you through the Service. You warrant and represent that you own all right, title and interest, or have sufficient permissions, to that Image or User Content and any likenesses contained in that Image or User Content. You agree to not post, upload or request Designo Case based on any Images to which you do not have the rights or permission. You agree that the Images or User Content that you may provide, upload or post to the Service does not contain any material or content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of copyright, celebrity, publicity, privacy and intellectual property, or otherwise in violation of any federal, state or local law, rule or regulation. Our production of a product based on any Image provided by you or any other user, including inclusion of any Image in the Designo Case Marketplace, does not indicate that Designo Case accepts, approves or endorses the Image or that the Image is in compliance with any applicable laws or these Terms or Service or otherwise absolve you of any liability or harm arising from use of such Image.
Designo Case does not own or control the Images or other User Content posted by Users via the Service, including without limitation, Images offered through the Designo Case Marketplace and, does not guarantee the accuracy, integrity or quality of such Images or User Content. You may be exposed to Images or User Content posted by other Users and Artists that may be offensive, indecent or objectionable or otherwise in violation of our Terms of Service. Designo Case has no obligation, but reserves the right, to monitor, flag or remove any Images or User Content it believes in violation of the Terms of Service. Under no circumstances will Designo Case be liable in any way for any Image or other User Content posted by you or any User or third party, including, but not limited to, liability for any errors or omissions in any Image or User Content or for any loss or damage of any kind incurred as a result of the use of any Image or User Content posted, viewed, emailed or otherwise transmitted by you via the Service. The Service is not intended as a storage depository for your Images or User Content. You are responsible for retaining copies of your Images and User Content.
User Conduct. By using the Service, you agree that you shall not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) upload, download, post or otherwise transmit, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation, or use any User information obtained through the Service in order to do any of the foregoing; (iii) upload, post or otherwise transmit any code, files or programs that contain any software viruses or is designed or intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to collect, obtain or store User information or other materials from the Service to which you do not have permission; (iv) transmit or provide any false or misleading information; (v) disrupt or interfere with the security of or otherwise abuse the Site or the Service or any services, system resources, accounts, servers, databases or networks connected to or accessible through the Service; (vi) disrupt or interfere with any other user’s use of the Service, including by overloading, flooding, spamming, or crashing the Site, Service or underlying systems; or (vii) use the Service in any manner that would violate any applicable law or could expose Designo Case, other users or any other person to liability.
Color Matching. Designo Case sells its products through the Site and the Images and sample products are viewable by users through computers connected to the Internet. These computers may view Designo Case products solely through their computer screens ("Monitors"). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform, especially with regards to color. What may look one way on one monitor, will look different on another.
You agree that Designo Case does not guarantee that the colors as they appear on your Monitor will look the same as the colors as they appear on the purchased product. Designo Case works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users. If you are an Artist, you understand that final GlassPix or Phone Case made from your Images may not match your original artwork due to such limitations in technical capabilities.
Quality of Images. Designo Case permits users to upload Images onto the Service for use in the fulfillment of your order. You agree that Designo Case is not responsible for the quality of the Images you or any other User upload.
You agree that you alone are responsible for making sure that the quality of the Image you are uploading is of high enough quality to be satisfactory to you at the size you select on the product that you are purchasing. We cannot guess what you may have wanted when you chose or uploaded your Image and are not responsible for assessing whether your Image is appropriate or capable of being manufactured at the parameters you have chosen. Images are created and stored in a variety of ways and you agree that Designo Case is not responsible for ensuring quality images for any image file format available on the Website.
Production Time. Designo Case works hard to ensure that orders will be produced and exit the Designo Case facility as soon as possible. Anticipated production times are updated frequently, and listed during the ordering process. Special deadlines (eg: Holidays) are published on our website as soon as they are available. However, we make no guarantees as to any delivery times and will have no liability to you for any delay in shipping your product.
You agree that our production time frame may depend on your response time to our inquiries regarding your order, and your selection of shipping options and providers.
Shipment. Title and risk of loss or damage to your purchased goods shall pass to you at the time Designo Case deposits such purchased goods with its designated shipper. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Return And Refund Policy.
- Happiness Guarantee
You have 60 days after purchase of the product to notify us of any immediate issues with the product, should they arise. You agree to send us a photograph of the product, and provide us with information regarding your issues to support [at] Designocase [dot] com. We reserve the right to request that your return the product to us and at our discretion; offer a reprint; issue store credit for items not including shipping; take no action; or, on the rare occurrence (in that we have exhausted all possible solutions and cannot find a resolution), offer a refund. You also agree that a shipping fee may be applied to any reprinted orders that do not fall into the categories of shipping damages or Lifetime Warranty.
- Lifetime Warranty
You agree that Designo Case does its best to ensure the products it sells are free from manufacturing defects and as such will be good for the lifetime of the product (estimated at 5 years). If the product fails due to a manufacturing defect during that time, you agree to take a photograph of the failed product and send the photograph or, if requested by us, the original failed product to Designo Case.
Upon receipt of the product or the photograph, Designo Case, at its sole option, will send a replacement of the product or will issue Designo Case credit for the original purchase price paid for the failed or broken product(s). Designo Case store credit can be used on the Service or Site for any purchase. Designo Case will have no liability for any products which have been misused, mishandled, stored or used in extreme environmental conditions, installed, handled, displayed, or used other than in accordance with instructions provided by Designo Case, or intentionally or recklessly damaged by you or any third party.
Designo Case does not guarantee or warrant that its products will work for any unintended purpose or in any set of conditions; this also includes coverage of our “transparent” and “no mount” prints as they are technically incomplete products and cannot be used with our approved mounting hardware. You agree that the determination of whether a product(s) failure or breakage is due to a manufacturing defect is within the sole discretion of Designo Case.
You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by Designo Case as to the cause of the failure or breakage.
Please note that Designo Case is unable to issue a refund after 90 days of purchase.
Acceptance; Availability of Products; Promotions. All orders are subject to our acceptance. We may refuse to accept any order or any portion of an order in our sole discretion. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service or availability of Images available through the Designo Case market; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Not For Resale. The products are provided for your personal, noncommercial use and not for resale without Designo Case’s prior written consent.
Changes To Your Order. Designo Case provides many opportunities to review, revise and cancel the order process before actually placing your order. Designo Case is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products. You agree that Designo Case is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. A Designo Case employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so. You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
- GIFT CERTIFICATES
- Must be used towards eligible products on designocase.com.
- Purchases are deducted from Gift Certificate balance. Any unused balance will be place in recipient's gift Certificate account upon redemption.
- If an order exceeds the amount of the Gift Certificate, the remaining balance must be paid with a credit card or other available payment method.
- Designo Case may provide Gift Certificate purchases with information about the redemption status of Gift Certificates that they purchase.
- Cannot be used to purchase other Gift Certificates
- Cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account after activation.
- Discounts, special offers, and other codes cannot be applied toward the purchase of a Gift Certificate, unless specifically stated.
- Risk of Loss:
Risk of Loss and title pass to purchaser upon electronic transmission to purchaser, recipient, or delivery to the carrier, whichever is applicable. Not responsible for certificates that are lost, stolen, destroyed, or used without your permission.
Designo Case will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make purchases on designocase.com.
- INTELLECTUAL PROPERTY RIGHTS
User Images and Content; Limited Licensed to Designo Case. Designo Case does not claim any permanent ownership of your Images or any other User Content you submit or make available for inclusion on the Service. However, by providing and uploading any Images or other User Content you grant to Designo Case a royalty-free, worldwide, transferable limited license to: (i) host, display and organize the Images and User Content for operation and display of the Service; (ii) use, modify, reproduce and distribute your Images as necessary for fulfillment of your order and creation of case based on your Image; and (iii) to reproduce and distribute your Images or images of the final product created from an Image for promotional and marketing purposes of Designo Case, including inclusion in Designo Case’s portfolio and product gallery. This license includes the Service, Designo Case Site and any other sites owned, operated or affiliated with Designo Case. Unless you have registered with Designo Case to sell your Images on glass or case through the Service as an Artist, we will not resell or license your Images or User Content to any third party for commercial purposes without your consent.
You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Images and User Content. You acknowledge and agree that the display or inclusion of Your Image or User Content shall be in the sole discretion of Designo Case and Your Image or User Content may or may not be included on the Designo Case website for any reason or no reason at all.
Upon a request by Designo Case, you agree to defend, indemnify and hold Designo Case, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Images, User Content or other materials by you or Users authorized by you or any violation of these Terms of Service by you (including, but not limited to, any claim that any Image provided by you infringes the rights of any third party). Designo Case reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Designo Case in asserting any available defense.
- LINKED SITES
You may be able to link to third parties' Sites ("Linked Sites") from the Designocase Site. Linked Sites are not, however, reviewed, controlled, or examined by Designo Case. In any way and Designo Case is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Designo Case’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Designo Case be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed, or products or services purchased,-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Designo Case reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
- DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE WEB SITE AND SERVICE AND ALL DESIGNO CASE PRODUCTS ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, DESIGNO CASE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE. See above for our return policies for defective or damaged products.
- LIMITATION OF LIABILITY
IN NO EVENT WILL DESIGNO CASE, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE OR SERVICE OR THE PRODUCTS, EVEN IF DESIGNO CASE, OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE DESIGNO CASE FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS DESIGNO CASE, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, SERVICE OR ANY PRODUCTS.
IN NO EVENT WILL DESIGNO CASE OR ITS SUBSIDIARIES, AFFILIATES OR PARTNERS, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY USER FOR AN AGGREGATE AMOUNT IN EXCESS OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE FROM WHICH SUCH LIABLITY AROSE. ANY CLAIM OR CAUSE OF ACTION BY YOU MUST BE BROUGHT WITHIN ONE (1) YEAR FOLLOWING THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, DESIGNO CASE, INC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- NON-PRODUCT SUBMISSIONS
When you submit questions, comments, suggestions, ideas, postings, material submitted via web forms, contest entries, survey responses, communications or any other information ("Submissions"), you grant Designo Case permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense such Submissions, and to use the Submissions for its product and service development and improvement, all without compensation or attribution to you. You agree that Designo Case will have no obligation to keep any Submissions confidential. You will not bring a claim against Designo Case based on "moral rights" or the likes arising from Designo Case’s use of a Submission.
- MODIFICATIONS TO SERVICE
Designo Case reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or any products offered by Designo Case, with or without notice. You agree that Designo Case shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any product.
Any inquiries concerning these terms and conditions of use should be directed to us through our contact form. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms of Service shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms of Service are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Service. Designo Case may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms of Service to a subsidiary, affiliate, or successor thereof or to any third party, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.
Either you or Designo Case may terminate your access to the Service and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the Service will immediately cease. Upon termination, you will have no further access to any information, files, or materials related to your account, including, without limitation, any User Content or uploaded Images. Upon termination, Designo Case may delete all information, files, and materials related to your account, including any User Content or Images, and you agree that Designo Case shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files, or materials related to your account. In addition, Designo Case shall have no obligation whatsoever to make any such information, files, or materials available to you following a termination of your rights of access to your account.