Introduction
Welcome to CreatePrintables. This website is owned and operated by CreatePrintables. By visiting our
website and accessing the information, resources, services, products, and tools we provide, you
understand and agree to accept and adhere to the following terms and conditions as stated in this
policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in
our Privacy Policy (please refer to the Privacy Policy section below for more information).
This agreement is in effect as of May 14, 2018.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge
and agree that it is your responsibility to review this User Agreement periodically to familiarize
yourself with any modifications. Your continued use of this site after such modifications will
constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we
provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to
use these Resources only for the purposes intended as permitted by (a) the terms of this User
Agreement, and (b) applicable laws, regulations and generally accepted online practices or
guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about
yourself (such as identification, contact details, etc.) as part of the registration process, or as
part of your ability to use the Resources. You agree that any information you provide will always be
accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with
any account you use to access our Resources. Accordingly, you are responsible for all activities
that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the
means we provide, is strictly prohibited. You specifically agree not to access (or attempt to
access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers
and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly
prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or
indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above,
and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog
posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social
media services, etc. You understand that generally we do not pre-screen or monitor the content
posted by users of these various communication tools, which means that if you choose to use these
tools to submit any type of content to our website, then it is your personal responsibility to use
these tools in a responsible and ethical manner. By posting information or otherwise using any open
communication tools as mentioned, you agree that you will not upload, post, share, or otherwise
distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent,
deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit
language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any
party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any CreatePrintables employees or
representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does
not comply with this User Agreement, along with any content that we feel is otherwise offensive,
harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not
responsible for any delay or failure in removing such content. If you post content that we choose to
remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our
website. However, any content posted by you using any open communication tools on our website,
provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the
property of CreatePrintables, and as such, gives us a perpetual, irrevocable, worldwide,
royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display
and/or distribute as we see fit. This only refers and applies to content posted via open
communication tools as described, and does not refer to information that is provided as part of the
registration process, necessary in order to use our Resources. All information provided as part of
our registration process is covered by our
privacy
policy.
i. You agree to indemnify and hold harmless CreatePrintables and its parent company and affiliates,
and their directors, officers, managers, employees, donors, agents, and licensors, from and against
all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any
violation of this User Agreement or the failure to fulfill any obligations relating to your account
incurred by you or any other person using your account. We reserve the right to take over the
exclusive defense of any claim for which we are entitled to indemnification under this User
Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by
us.
Privacy
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order
to explain in detail how we collect, manage, process, secure, and store your private information.
Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in
its entirety,
click here.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as
available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or
corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own
discretion and risk, and that you are solely responsible for any damage to your computer or other
devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from
CreatePrintables or through any Resources we provide shall create any warranty, guarantee, or
conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and
agree that any claim against us shall be limited to the amount you paid, if any, for use of products
and/or services. CreatePrintables will not be liable for any direct, indirect, incidental,
consequential or exemplary loss or damages which may be incurred by you as a result of using our
Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or
downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on CreatePrintables, including but not limited to text,
graphics, website name, code, images and logos are the intellectual property of CreatePrintables,
and are protected by applicable copyright and trademark law. Any inappropriate use, including but
not limited to the reproduction, distribution, display or transmission of any content on this site
is strictly prohibited, unless specifically authorized by CreatePrintables.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of
our website and Resources with or without notice and for any reason, including, without limitation,
breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds
for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon suspension or termination, your right to use the Resources we provide will immediately cease,
and we reserve the right to remove or delete any information that you may have on file with us,
including any account or login information.
Governing Law
This website is controlled by CreatePrintables. It can be accessed by most countries around the
world. By accessing our website, you agree that the statutes and laws of our state, without regard
to the conflict of laws and the United Nations Convention on the International Sales of Goods, will
apply to all matters relating to the use of this website and the purchase of any products or
services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state
courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional,
venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, CreatePrintables EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can
contact us at:
CreatePrintables
Terms and Conditions of Sale
1. Sale and Purchase of Goods
CreatePrintables ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods
of the
description and quantity described on the checkout window ("Checkout") and incorporated herein by
this reference ("Goods") on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
Pricing on the website excludes taxes which will be displayed upon finalization of payment.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer at Checkout.
4. Delivery
Unless otherwise stated, delivery shall be made within 24 hours. Delivery dates provided by Seller
are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates;
however, Seller will not be liable for failure to deliver as estimated.
5. Limited Warranty
Seller supplies as its sole warranty the following:
If you are not 100% satisfied with your purchase, within 15 days from the purchase date, we will
fully refund the cost of your order.
The warranty shall last for 30 Days.
The warranties provided for herein shall be governed by Seller's warranty policies in effect on the
date of payment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for
any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this
Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL
NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED
EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES,
DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD
PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON
PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY,
PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE
ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS,
DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND
CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY
BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR
ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND
AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR
TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all
or any part of the Goods in the event such failure was due, in whole or in part, to federal,
provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble,
fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing
facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical
power, water or supplies, or any other cause, act of God, contingency or circumstances not subject
to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of
Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause,
contingency, or circumstance that affects the performance of its obligations.
8. General
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended
beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other
agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may
not be modified, altered or amended without the written agreement of Seller. Any additional or
altered terms attached to any order submitted by Buyer shall be null and void, unless expressly
agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the
legality and enforceability of the remaining provisions shall not be affected or impaired. This
Agreement shall be interpreted under the laws of the State of Virginia, without giving effect to
conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the
exclusive jurisdiction and venue of the courts of Ecuador and hereby waives any objection to such
jurisdiction and venue.