Terms of service
IMPORTANT NOTICE: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS, AS DETAILED IN SECTION 13 BELOW. IF YOUR COUNTRY OF RESIDENCE IS OUTSIDE OF THE UNITED STATES, THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST STICKERJUNKIE IN THE UNITED STATES.
OVERVIEW
This website, www.stickerjunkie.com (the “Website”) is operated by StickerJunkie.com, Inc. “StickerJunkie”, "we”, “us” and “our” refers to StickerJunkie.com, Inc., including its affiliates, parent entities, sister entities, subsidiary entities, divisions, partners, partnerships, commonly controlled operations, contractors, subcontractors, suppliers, web developers, licensors, directors, shareholders, officers, agents, representatives, and employees.
Please read these Terms of Service carefully, as they contain the legal terms and conditions that govern your use of and interaction with Website, our products, including custom-printed stickers (“Products”, each a “Product”), and services, including manufacturing, printing, and design services (the “Services”, each a “Service”). The words “you” and “your” refers to any individual or entity using or accessing the Website, Products, or Services including without limitation users who are visitors, browsers, partners, customers, merchants and/or contributors of content (each a “User” and collectively “Users”).
StickerJunkie offers this Website, including all information, tools, Products, and Services available therein conditioned upon your acceptance of the Terms of Service. By using or accessing any part of the Website, Services, and Products, you acknowledge that you have read and reviewed these Terms of Service in their entirety, and you agree to be legally bound by them. If you do not agree to the Terms of Service, do not use or access the Website, Services, or Products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Certain services, promotions, and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference. If there is a conflict between these Terms of Service and the terms set forth on a specific portion of the Website, the terms listed on the specific portion of the Website shall control with respect to your use of that portion of the Website.
You may access the Website through a computer, mobile phone, tablet, console, or other technology (each a “Device”). Your carrier's normal rates and fees apply to your Device.
We may revise these Terms of Service from time to time. You can review the most current version of the Terms of Service at any time on the Website. If a material change is made to the Terms of Service, we will notify you. Your continued use of any portion of the Website and Services after we notify you of changes constitutes an acceptance of such changes.
Our Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.
By using any portion of our Website and Services, you are also signifying your assent to our Privacy Policy, which is incorporated herein by reference.
SECTION 1 - USER ACCOUNTS
You may create a User account (“Account”) on our Website by registering your name, providing certain information about yourself, and creating log in credentials. If you wish to purchase our Products or use the Services, we will also ask you to supply certain information applicable to your purchase, including payment methods, shipping information, and contact information. You agree to provide us with complete and accurate information about yourself when creating an Account and completing any purchase on the Website.
You are responsible for safeguarding the confidentiality of your username and password that you use to access your Account on our Website. You agree not to disclose your login credentials to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You must immediately notify us of any unauthorized use of your Account.
In order to create an Account, you must be at least eighteen (18) years of age (or the legal age of majority in your jurisdiction). By creating an Account on our Website, you represent to us that you possess the legal authority to enter into these Terms of Service, including instructing us and/or our vendors to collect funds from any payment method you provide. If you are not of the requisite legal age (and authorized to act on behalf of a company if the potential User is a company), you may not create an Account on our Website.
SECTION 2 - USE OF THE WEBSITE, PRODUCTS, AND SERVICES
A. License to Use: As set forth herein, subject to and conditioned upon your compliance with these Terms of Service, we grant to you a limited, non-transferable, non-sublicensable, and revocable license to access and use the Website, Products, Services, and SJ Content (defined below), solely as made available by us and for your own personal, non-commercial, purposes. We also grant you a non-exclusive, perpetual, worldwide, fully paid up, license to use the SJ Work Product (defined below), including for commercial purposes, provided you have paid for the Services relating to the SJ Work Product in full. Except as expressly authorized by these Terms of Service, you may not use, reproduce, distribute, modify, create derivative works from, transmit, or publicly display any portion of the Website, Services, or SJ Content without our written consent.
B. Prohibited Uses: You may not (and may not permit any third party to) use the Website, Products, and Services for any illegal or unauthorized purpose, including to:
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Violate any applicable laws or regulations or otherwise violate the legal rights of others, including, without limitation, others' intellectual property rights, or rights of privacy and publicity;
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Impersonate any person or entity or use any misleading or inaccurate contact information;
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Defame, abuse, harass, intimidate, stalk, threaten, use foul language or profanity with, or discriminate against, others (including other Users and StickerJunkie);
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Restrict or inhibit any other User or individual from using any portion of our Website or Services, including, without limitation, by means of "hacking" or defacement;
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Upload to, transmit through, or display on any part of our Website any (a) material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; or (b) confidential, proprietary or trade secret information of any third party;
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Engage in spamming, phishing, or unsolicited communications;
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Express or imply that StickerJunkie endorses any statement you make;
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Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other code of a destructive nature;
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Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Website or Services;
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Use any robot, spider, scraper, site search/retrieval application, or other manual or automatic device or process to retrieve, scrape, crawl, download, index or "data mine" the Website or Services, or in any way reproduce or circumvent the navigational structure or presentation of the Website or Services or their contents, authentication, and security measures; or
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Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Website or Services.
It is your responsibility to ascertain and obey all applicable local, state, provincial, federal, and international laws in regard to the possession, use, and sale of any Products or Services provided by StickerJunkie. By placing an order, you represent that the Products and Services ordered will be used only in a lawful manner.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms of Service, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Website, Products, and Services.
C. Right to Refuse and Limit Services: By using the Website, Products, and Services, you acknowledge that we reserve the right to refuse to allow any User to use any portion of the Website, Products, and Services for any reason and at any time (including as a result of a User violating of our Terms of Service, or a User order that we, in our sole discretion, determine contain unlawful, offensive, threatening, sexually violent, or otherwise inappropriate content).
We reserve the right, with or without prior notice or liability, to: a) limit the available quantity of, or discontinue, any Product or Service; b) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; c) bar any User from making any or all purchase(s); and/or d) refuse to provide any User with any Product or Service.
Our Website is controlled and operated from the United States. We do not represent or warrant that any part of our Website, Products, and/or Services is appropriate or available for use in any other particular jurisdiction. Those who choose to access/use the Website, Products, and Services do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Website, Products, and Services in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
D. Communications: By using the Website and Services, you may have also agreed to receive certain electronic communications from us, subject to applicable law, including text messages. If you agree to receive such communications, you agree that any notice or other communication that StickerJunkie sends you electronically will satisfy any written notice requirements.
SECTION 3 - PAYMENT
All payment information you provide to us, or our third-party payment processors, must be accurate, current, and complete. YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD PROVIDED TO INITIATE ANY TRANSACTION. You authorize us to collect payment from the payment method you provide. You agree to pay all charges incurred by you or any users of your Account at the prices in effect when such charges are incurred. You also agree to the legal terms of any applicable third-party payment processors.
SECTION 4 - AVAILABILITY OF PRODUCTS AND SERVICES
Certain Products or Services may be available from us exclusively online through the Website or offline. We have made reasonable efforts to accurately display the attributes of our Products and Services on the Website, including their colors, but we cannot guarantee that your computer or phone will accurately display any color.
Descriptions, images, references, features, content, specifications, prices, and availability of any Products or Services are subject to change and/or discontinuation at any time and without notice. Our current prices can be found on our Website. The inclusion of any Products or Services on our Website at a particular time does not imply or warrant that these Products or Services will be available at any particular time.
To the extent any information available on the Website contains typographical errors, inaccuracies, or omissions, including those that relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability, we reserve the right to correct them, including to change, update, or cancel orders so affected.
In our sole discretion, we may also offer discounts and/or make limited-time offers. The terms of any such discount/offers will be listed on the specific portion of the Website dedicated to such discounts/offers. Each discount and/or offer will be valid for the fixed term or, where appropriate, while stocks last. If the discount and/or offer is for a limited time only, the order must be paid for within the limited time frame to take advantage of the discount/offer, and the time zone is Pacific Standard Time, unless otherwise specified.
SECTION 5 - PICKUP AND DELIVERY
To the extent your order is to be picked up from StickerJunkie’s offices, you will be notified once your order is printed and ready. You may pick up your order during our normal hours of operation and you will need to confirm your identity/order number upon arrival.
To the extent your order is to be delivered to you/your designee, we will arrange for delivery to the address(es) specified by you in your order via the shipping method you select. Deliveries are made during normal business hours for the applicable carrier. We are not a mailing carrier and any shipping fees collected from you are collected for postage and paid to the applicable carrier on your behalf. These funds are not ours and are not refundable for any reason by us.
In the case of your failure to list a valid mailing address, provide adequate delivery instructions or any other instructions that are relevant to the delivery of an order, or the recipient’s failure to collect the order delivered by the deadline set by the applicable carrier, the order will be returned to StickerJunkie, and we will contact you. Orders not collected within thirty (30) days of being returned to us will be deemed abandoned. Thereafter, StickerJunkie may refund the purchase price of the order, but not the shipping cost.
There may be limitations depending upon which shipping method you choose. If error or fulfillment needs result in us using a different shipping method than the one you select, your order’s delivery date may be affected. We have the right to refuse or cancel any orders where such errors/fulfillment needs impact shipping methods (regardless of whether you have already confirmed or paid for your order). Any international deliveries to which we agree may be subject to customs clearance and carrier delays, and local country restrictions may apply. We will not be responsible for any customs and excise charges that could occur from the import or export of your order.
Title and risk of loss for any purchases that have been fully paid for pass to you upon our delivery to our carrier. StickerJunkie will not be responsible or liable for errors in delivery due to inaccuracies or incompleteness in the information supplied by you at the time of purchase, for any damage occurring to Products once they are in the possession of a carrier, or for any delays in delivery attributable to a carrier.
SECTION 6 - THIRD-PARTY SITES, SOFTWARE, AND SERVICES
Our Website may contain links from, or direct you to, websites, apps, software, or services owned or operated by third parties (“Third Party Sites”). We have not examined or evaluated the content or accuracy of any Third Party Sites and we do not endorse or have control over them. We are not responsible for the content, materials, policies, activities, and operation of any Third Party Sites, including their data privacy or other practices, and any harm caused thereby. We are linking or directing you to such Third Party Sites only as a convenience. You interact with Third Party Sites at your own risk, and you are solely responsible for any costs associated with such Third Party Sites, including any applicable license fees and service charges. You should carefully review any Third Party Site’s terms of use and privacy policy prior to use. Complaints, claims, concerns, or questions regarding any Third-Party Site should be directed to the third party involved.
Other sites may link to our Website, with or without our authorization. We do not endorse such sites, and are not, and will not be, responsible or liable for any links from those sites to our Website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. We reserve the right, at any time and in our sole discretion, to block links to our Website through technological or other means without prior notice.
SECTION 7 - CANCELLATIONS, REFUNDS, AND REPLACEMENTS
A. Cancellations: Requests to cancel an order will be rejected if made after a User has approved the proof for such order. We reserve the right to cancel an order/item for any reason up to the point of shipping/pickup, including due to pricing or administrative error.
B. Refunds/Replacements: Upon delivery or pickup, it is your duty to confirm that the contents of an order as fulfilled are correct and to notify us of any issues. StickerJunkie accepts refund/replacement requests for Product purchases based upon quality defects when such requests are made within seven (7) days from the date of delivery. If you do not make a request within this timeframe, we will deem the order to be accepted by you.
In order to process a refund/replacement request based upon a quality defect, you must contact us and provide a detailed description of the alleged defect along with proof of the defect. To the extent we agree the order’s contents are not of satisfactory quality, you have the right to a refund or replacement of the order.
If a refund is approved, the refund will be made using the same method of payment specified by the User for the initial transaction. To the extent the order was placed via bank transfer or other payment method, StickerJunkie will contact you at the email address listed in the order for your banking details. If you fail to provide your banking details, we will refund the purchase price to you in the form of store credit on your Account.
Upon StickerJunkie’s request, you must return any unsatisfactory Products to us in connection with a refund/replacement request. Any such returns will be at your expense. If we agree that the Products are not of satisfactory quality, we will refund the cost of returning the Products (at the standard postal return delivery rate). Products returned damaged or used beyond what is necessary to establish their nature, characteristics, and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total order value.
SECTION 8 - SJ CONTENT AND WORK PRODUCT
A. SJ Content: “SJ Content” is any scripts, tools, images, videos, text, information, graphics, sounds, data, tools, applications, interfaces, links, and other materials contained within the Website and Services, other than User Content or Third-Party Content. We grant you a limited, non-transferable, non-sublicensable, and revocable license to access and use the SJ Content for personal, non-commercial, use, for as long as we make such SJ Content generally available to you and provided that you properly attribute ownership of the SJ Content to us, including not changing or deleting any copyright, trademark, or other proprietary right ownership notices from the SJ Content.
The SJ Content, including any copyrighted or patented material, trademarks, service marks, and trade names featured therein, are owned, registered, and/or licensed by StickerJunkie. You do not acquire any ownership rights to the SJ Content by using the Website and Services. THE SJ Content IS PROVIDED “AS IS” FOR YOUR PERSONAL USE ONLY, AND MAY NOT BE USED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCASTED, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY PURPOSE WHATSOEVER WITHOUT STICKERJUNKIE’S PRIOR WRITTEN CONSENT. StickerJunkie reserves the right to monitor your use and to alter or revoke this license or your access to the Website, Services, and SJ Content at any time and for any reason. Unauthorized use of the SJ Content constitutes a breach of these Terms of Service, and may constitute a breach of copyright, trademark, or other intellectual property laws, and subject you to criminal or civil charges and penalties. Nothing herein constitutes a waiver of any of StickerJunkie’s rights to the SJ Content.
B. SJ Work Product: Any proofs, designs, designed Products, templates, layouts, analyses, recommendations, and other expressions created by StickerJunkie in the course of performing the Services to a particular User, including any template or layout in which a User arranges or organizes their User Content through tools and features made available through our Website (collectively “SJ Work Product”) are the property of StickerJunkie and/or its licensors. However, StickerJunkie grants that User a non-exclusive, perpetual, worldwide, fully paid up, license to use the Work Product, including for commercial purposes, provided the User has paid for the Services relating to the SJ Work Product in full. For the avoidance of doubt, the User retains title to the User’s confidential information, intellectual property, and User Content, to the extent featured in the SJ Work Product. With the exception of the User’s confidential information, intellectual property, and User Content, User shall have no right to sublicense, transfer, assign, convey, or permit any third party to use or copy the SJ Work Product. Nothing herein constitutes a waiver of any of StickerJunkie’s rights to the SJ Work Product.
SECTION 9 - USER CONTENT AND COMMENTS
A. User Content: Any materials submitted by you to us on the Website or in connection with the Services, including, without limitation, text, photographs, images, graphics, videos, and/or other materials (collectively, "User Content") are subject to the following terms:
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You represent that you own or otherwise possess all necessary rights with respect to the User Content, including any necessary consent from any third parties whose data and/or content you share with StickerJunkie, and that the User Content does not and will not infringe, misappropriate, or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party;
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You represent to us that the User Content is not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, or otherwise objectionable;
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You or whoever created the User Content will retain ownership of such User Content and your use of the Products and Services will not create any right, title, or interest, in or to User Content by StickerJunkie or other Users;
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You grant StickerJunkie a worldwide, non-exclusive, transferable, royalty-free, perpetual, and irrevocable, right and license, with right of sublicense and assignment, to use, publish, reproduce, distribute, create derivative works of, and publicly display such User Content solely in connection with marketing our Products and Services and providing the Services to you. This includes us preparing digital proofs and physical samples, displaying to you how the User Content will appear on Products, and copying, displaying, preparing derivative works of, and manipulating the User Content via our sticker generator and for your private reorder backpage. Should any User Content contain the name, image, and likeness of any person, you consent to our use of such name, image, and likeness for these purposes and agree that you have obtained all necessary written consents, releases, and/or permissions of every identifiable individual who appears in the User Content, If the User Content contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Content;
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We may (but are not obligated to) refuse to use some or all of the User Content (including, without limitation, filtering out content, and suspending processing or shipment of any order);
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We may disclose some or all of the User Content and the circumstances surrounding the use of User Content, to third parties to enforce these Terms of Service or to comply with legal obligations or governmental requests;
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We may remove User Content from our Website that violate these Terms of Service; however, we have no obligation to remove User Content in response to user reports or requests; and
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We are not responsible for, and will have no liability for, the removal, non-removal, or loss, of any User Content from our Website. We recommend you keep backup copies of your User Content on your hard drive or other personal system. DO NOT send any “one-of-kind” prints or artwork to us.
B. User Comments: Some features of our Website and Services may also enable you to send to us non-confidential transmissions, such as comments, feedback, suggestions, creative ideas, or reviews (“User Comments”). You acknowledge that we have no responsibility or liability for the transmission of any User Comments, including the content thereof. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license to use, reproduce, view, communicate to the public by any means, print, copy (whether onto a hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the User Comments for any purpose, including, but not limited to, developing, manufacturing, and marketing Products and Services and creating, modifying or improving the Products and Services.
SECTION 10 - COPYRIGHT POLICY
StickerJunkie respects the intellectual property rights of others and we ask our Users to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that any material used or displayed on or through our Website (including any User Content/Comments) infringes upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it be blocked. The notice must include the following information:
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identification and a description of the copyrighted content (supported by links, registration numbers, and other documentation, if possible);
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identification and a description of the alleged infringing content (supported by links and other documentation, if possible);
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the name, address, telephone number, and email address (if available) of the complaining party;
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a statement made under the penalty of perjury that i) the information in the notice is accurate and, ii) you own the copyright at issue, or are authorized to act on behalf of the right holder and have made sure the owner hasn’t previously approved the content’s use; and
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an electronic or physical signature of the copyright owner or a person authorized to act on their behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. DMCA notices and counter-notices must be written in the English language and should be sent to:
Attn: Brian Berling
StickerJunkie.com, Inc.
10744 Prospect Ave
Suite A
Santee, CA 92071
Phone: 6193286275
Email: brian.berling@stickerjunkie.com
If you send your notice/counter-notice by email, please write “DMCA Copyright Notice/Counternotice” in the subject line. We will investigate all notices/counternotices and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether material is infringing, please contact an attorney before submitting a notice to us. Fraudulent or abusive notices may result in termination of your Account or other legal consequences.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, LIABILITIES, AND LEGAL REMEDIES, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU. IN SUCH CASE, THE DISCLAIMER AND LIMITATION OF LIABILITY APPLY TO THE FULLEST EXTENT THEY CAN UNDER THE LAW.
A. Disclaimer of Warranties: We do not guarantee, represent or warrant that your use of the Website, Products, and Services will be uninterrupted, timely, secure, error-free, or free from viruses or anything else harmful. We do not warrant that the results that may be obtained from the use of the Website and Services will be accurate or reliable. We do not warrant that the quality of the Website or any Products, Services, information, or other material purchased or obtained by you from us will meet your expectations, or that any errors in the Website, Products, or Services will be corrected. STICKERJUNKIE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT/COMMENTS POSTED ON OR SUBMITTED THROUGH THE WEBSITE. ALSO, NOTHING CONTAINED ON THIS WEBSITE SHALL BE INTERPRETED AS ADVISING YOU.
THE WEBSITE, PRODUCTS, AND SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
B. Limitation of Liability: STICKERJUNKIE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER CAUSED IN WHOLE OR IN PART BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE, PRODUCTS, AND SERVICES, ARISING FROM OR RELATING IN ANY WAY TO ANY USE OF THE WEBSITE, PRODUCTS, AND SERVICES, INCLUDING, BUT NOT LIMITED TO, A) OUR PROVISION OF (OR FAILURE TO PROVIDE, OR ERRORS IN) THE WEBSITE, PRODUCTS, SERVICES; B) THE ACTIONS OF THIRD PARTIES INCLUDING SHIPPING CARRIERS, THE CONTENT OF THIRD PARTY SITES, AND ANY UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR USER CONTENT/COMMENTS OR DATA BY THIRD PARTIES; C) THE CONDUCT OF OTHER USERS ON THE WEBSITE; D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY STICKERJUNKIE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES; E) ANY ACTION TAKEN BY COPYRIGHT OWNERS OR OWNERS OF OTHER INTELLECTUAL PROPERTY RIGHTS AGAINST YOUR USER CONTENT/COMMENTS OR PRODUCTS YOU ORDERED FROM STICKERJUNKIE; AND F) ANY ERRORS OR OMISSIONS IN THE WEBSITE, PRODUCTS, OR SERVICES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR STICKERJUNKIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST STICKERJUNKIE FOR ANY ALLEGED DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES (INCLUDING FOR DISSATISFACTION WITH PRODUCTS) IS TO SEEK A REFUND/REPLACEMENT AND/OR STOP USING THE WEBSITE/SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF STICKERJUNKIE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES SHALL BE THE ACTUAL PRICE PAID FOR THE PRODUCTS AND SERVICES BY YOU. ANY CLAIMS MADE AGAINST STICKERJUNKIE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL, OR SHALL BE FOREVER BARRED.
C. Indemnification: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS STICKERJUNKIE FROM ANY CLAIM, DEMAND, AND CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION FOR ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO, OR ARISING OUT OF, A) YOUR BREACH OF THESE TERMS OF SERVICE OR ANY OTHER AGREEMENT THAT GOVERNS YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES; B) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY; C) YOUR USER CONTENT/COMMENTS; D) ACTIONS TAKEN BY YOU IN CONNECTION WITH THE WEBSITE, INCLUDING OBTAINING ANY PRODUCTS OR SERVICES FROM US; AND (E) ANY ACTIONS TAKEN ON THE WEBSITE BY ANYONE ACCESSING YOUR ACCOUNT.
SECTION 12 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. We may terminate or restrict your access to our Website, Products, Services, and your Account, at any time, with or without cause, and with or without prior notice. We also may delete or otherwise deactivate your Account and User Content/Comments any time and for any reason, without any liability to StickerJunkie, subject to applicable law. You may terminate these Terms of Service at any time by notifying us at support@stickerjunkie.com that you no longer wish to use our Website, Products, Services, and your Account.
Upon your Account being terminated, you will have no further access to it, and we may delete or anonymize any information, files, or materials in our systems associated with your Account, including, without limitation, any User Content/Comments. We will have no obligation whatsoever to save or make any such information, files, or materials available to you after your Account has been terminated. You agree that we will have no liability whatsoever to you or any other party as a result of your access to our Website and your Account being terminated, or as a result of the deletion or loss of any information, files, or materials in your Account. Unless otherwise specified by us, StickerJunkie will complete fulfillment of any orders placed and paid for by you, and accepted by us, prior to your Account being terminated.
SECTION 13 - DISPUTE RESOLUTION; CLASS ACTION WAIVER; CHOICE OF LAW
Please read this Section carefully, as it affects your legal rights.
A. Consent to Binding Arbitration and Exclusive Jurisdiction of Small Claims Court: YOU AND STICKERJUNKIE BOTH AGREE TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING IN ANY WAY TO, YOUR USE OF THE WEBSITE, SERVICES, AND PRODUCTS, INCLUDING THESE TERMS OF SERVICE, BY BINDING ARBITRATION OR BY FILING A CLAIM IN SMALL CLAIMS COURT, UNLESS OTHERWISE REQUIRED BY LAW. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS OF SERVICE AND USING THE WEBSITE, PRODUCTS, AND SERVICES, YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN ANY OTHER COURT OR FORUM.
B. Notice: Prior to seeking arbitration or filing a small claims court action, you must first send to StickerJunkie, by certified mail, a written Notice of your claim ("Notice"). If StickerJunkie intends to initiate arbitration or file a small claims court action against you, it will send you a written Notice to the email address we have on file for you. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If StickerJunkie and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or StickerJunkie may commence an arbitration proceeding or file a claim in small claims court.
C. Arbitrability of Disputes; Applicable Rules; Statute of Limitations: You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Section 13. This arbitration provision shall survive termination of these Terms of Service and of your Account.
Any arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California, and arbitration will take place in San Diego County or via teleconference (at the discretion of StickerJunkie). You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to forums and venues articulated in this Section 13. Any demand for arbitration or small claims action must be filed within one (1) year of the date of accrual, or shall be forever barred.
D. Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS OF SERVICE DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS OR SUITS EVEN IF THE AAA OR SMALL CLAIMS COURT PROCEDURES OR RULES WOULD. YOU KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES TO RESOLVE ANY CLAIM AND CONTROVERSY RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES.
E. Governing Law: These Terms of Service and any separate agreements whereby we provide you Products and Services shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.
SECTION 14 - ACCESSIBILITY
We believe our Website should be available to everyone, regardless of their ability or technology. We aim to conform the Website to the guidelines set forth in the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG) version 2.2, at the AA level where possible and reasonable.
Despite our efforts, some limitations may exist on our Website due to such things as legacy content, third-party integrations/content, and technical constraints (including those that may result from the Website being hosted by Shopify). We recommend using the latest versions of popular web browsers to access our Website and turning on your browser’s accessibility features.
If you have questions, comments, or experience any accessibility issue with our Website, please email us at support@stickerjunkie.com with “Accessibility” in the subject line and provide a detailed description of the question/comment/issue. Alternatively, you may contact our team by telephone at the number listed below or via the web form located at https://www.stickerjunkie.com/pages/contact. Please note that any information you submit to us will be handled in accordance with our Privacy Policy and these Terms of Service.
SECTION 15 - MISCELLANEOUS
A. Severability: If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.
B. No Waiver: StickerJunkie’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
C. Entire Agreement: These Terms of Service and any policies or rules incorporated herein by reference constitute the entire agreement between you and StickerJunkie regarding your use of the Website, Products, and Services, and supersedes any prior or contemporaneous written or oral agreements between you and StickerJunkie regarding your use of the Website, Products, and Services.
D. Right to Assign: These Terms of Service are not assignable, transferable or sublicensable by you except with our prior written consent. StickerJunkie may assign its rights and duties under these Terms of Service to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms of Service.
E. Contact Information: Questions about the Terms of Service and our Website, Products, and Services, should be sent to us at
StickerJunkie.com
10744 Prospect Avenue
Suite A
Santee CA 92071
USA
(619) 328-6275 (M-F 8:00 AM to 4:30 PM PST)
Thank you for choosing StickerJunkie, and we can’t wait to work with you!
