Terms and Conditions
PLEASE READ THE FOLLOWING SITE TERMS CAREFULLY. ANY PURCHASES OFF OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS.
NOTE: No copyrighted material, nudity, violence, drugs, or otherwise explicit content will be accepted for print.
These terms (“Terms”) apply to all uses you (“You”) may make of this website (the “Site”) including, but not limited to any: use of the Site’s product customization and ordering service (“Service”) and small electronics case products (“Products”).
1. Your Submissions to the Site
1.1 Under these Terms, You may NOT place any of the following material or obtain any such material using the Service (a “Submission”):
Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law
Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material
Any material sent from an anonymous or false address.
1.2 While Plak That (“Seller”) is not responsible for the content of the Submissions, Seller reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. Seller may request confirmation of the copyright or trademark ownership from you. Seller reserves the right to suspend the shipping of any custom cover order before such confirmation is received. If Seller does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Seller reserves the right to share certain account information with governmental organizations or other third parties. If You dispute any copyright or trademark infringement claims, Seller will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Seller reserves the right to suspend production and shipment of the cover until such dispute has been resolved. In addition, you warrant that all moral rights in any uploaded materials have been waived. Your physical or electronic sharing of your images constitutes permission for reprinting by Seller. Seller will not be liable for the content of any Submission. 1.3 Copyright Notice. Seller is committed to protecting photographers’ copyrights. You are required by US law to own the right to or to obtain permission to use any image before the image is uploaded or becomes a Submission to Seller. If you believe that your work has been copied in a way that infringes your copyrights, please contact Seller at the following address and provide all relevant details.
ATTN: Plak That, LLC., 12636 Sunset Avenue, Suite H6, Ocean City, MD, 21842. Email: email@example.com 1.4 Unauthorized Use of Copyright Materials. If you knowingly or unknowingly include copyrighted material in a Submission, and if Seller representatives discover that, the following will occur:
All processing of your order shall cease
Seller will notify you of the unauthorized submission
Seller will not refund your funds for that submission, but, instead, shall send you a pin code which will allow you to choose one cover of similar size and quality with any unbranded content from Seller’s current selection
2. Customer Support and Age Requirements
You must be at least 13 years of age to use the Site. If you, your parent or guardian, have any concerns please feel free to contact Seller at customer support at firstname.lastname@example.org
3. Copyrighted Material, Software and Intellectual Property Rights
All of the information, content, software and materials Seller offers at the Site are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. The Marks, style, design and other brand names in this Site are the worldwide trademarks or registered trademarks of Plak That, LLC. or are being used with the rights secured by Plak That, hereunder. Trademarks of other parties are identified wherever possible and Seller acknowledges their rights.
You agree to indemnify, defend and hold harmless Seller, its affiliates and subcontractors, and all their officers, directors, employees, agents, licensors, suppliers and any third parties providing information relating to the Products or Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to Your account (including negligent or wrongful conduct) by You or any other person purchasing Products or accessing the Service using Your account.
Any action under these Terms must be brought, if at all, within one year from the accrual of the cause of action. You and Seller agree that any claims under these Terms shall be subject to the laws of the State of Maryland, and hereby consent to jurisdiction and venue in the courts of Baltimore, Maryland.
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.
8. Disclaimer of Warranties for Covers
THE COVERS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SELLER’S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY REGARDING ANY SOFTWARE, COVERS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, COVERS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR SERVICES, FROM ANY CHANGES TO THE SITE OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Plakthat.com PRICING
With respect to items sold by Plak That, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
11.1 Seller may assign its rights and responsibilities under these Terms without notice to You. All items purchased through Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you on our delivery to our carrier (ie, F.O.B. Seller’s facility). 11.2 If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. 11.3 These Terms constitute the entire agreement between you and Seller with respect to the Site, Products and Service, and supersede all other communications, written or oral, with regard to that subject matter.
12. Refund, Cancellation, & Return Policy
We at Plak That want you to love your print! We want you to know that each piece of wood we use is completely unique... just like the photos you send us to print. Keep this in mind when designing your masterpiece. Each print is custom made to order, so we can't offer reprints, returns, or refunds if the toning or woodgrain of your print isn't exactly what you had in mind. If you are concerned about the tone of the wood or the natural pattern of the woodgrain affecting the look of your print, you may want to opt for the White Base Layer to minimize the woodgrain and make the colors of your photo appear brighter. Try this out next time you're using our customizer!
It's important to upload high quality photos to ensure that you receive a clear, high quality print. Our team looks over each photo uploaded, and we'll do our best to get in touch with you if we foresee any issues with printing. If you're concerned that the image you uploaded isn't high resolution, please email us at email@example.com immediately after ordering, and we will work with you to find a solution to make sure that you are happy with your print when it arrives at your door.
Mistakes happen sometimes. No worries! If your print arrives blurry or damaged in any way, please reach out to us at firstname.lastname@example.org and we will happily offer you a reprint or refund. It's in our best interest for you to want to display your print in your home. If you have any questions or concerns, please contact us, and you'll quickly hear back from one of our six team members; never a robot or automated message.
13. Shipping / Turnaround Time
2018 Holiday Shipping Terms & Conditions: During the busiest time of year in December, we do our best to make sure all items are delivered by Christmas but we are not responsible for delays caused by USPS or UPS. We advertise that we will ship items out within the USPS and UPS advertised transit times but make no guarantees that your items will be delivered on the exact day they are supposed to. Because of this, we recommend ordering as soon as possible. For 2018, our last day to place orders with Standard S&H or Free S&H is Dec. 15th. This means that it will leave our shop by Dec. 19th. Our last day to place orders with Expedited S&H is Dec. 17th. This means it will leave our shop by Dec. 21nd. Our last day to place orders with Pickup from Store is Dec. 17th. Those orders will be ready by Dec. 23rd, which is our last day to pickup your items. We are closed on December 24th. Generally, most orders are shipped out within 7 – 10 business days. Shipping / turnaround time depends on which shipping service the customer chooses. Our advertised turnaround times are for processing only, not for shipping time to your doorstep! For Priority mail, the shipping times are generally 1-3 days. For parcel post, it can take up to 7 days. All orders ship from Ocean City, MD. If you have a deadline for your order let us know via email and we will try our best to accommodate! We promise to have your item ship by the cutoff date for the carrier but take no responsibility for lost items, wrong address, or carrier error.