You must be 18 years of age or older (or the age of majority, if higher) to order products from Totally Awesome Stickers (“Products”) or to use the StickerMule.com website, as well as any Totally Awesome Stickers social media pages, postings, blogs, videos, or software apps. Collectively, the Totally Awesome Stickers website, social media pages, postings, blogs, videos, and software apps are referred to as the “Website”.
Legally binding agreement
- All prices are in U.S. Dollars (USD).
- We let you preview your custom stickers before we print your order. Your credit card is not charged until you approve the preview.
- We will not produce your order until we receive full payment.
- Changes to artwork, order specifications or production time are not possible once all proofs are approved.
We charge sales tax on orders received from the States of California or New York.
- We require you to approve an online proof for every custom product before we print your order.
- The time it takes us to provide a proof will vary depending on our workload.
- It is your responsibility to review your proof and approve it.
- We are not liable for delays resulting from the proof approval process.
- You are responsible for verifying the accuracy of your proof.
- We will not make changes to your artwork after approval.
- Proofs are not be provided for reorders.
Liability for errors
We are not liable for errors in a final product due to misspelling, bleeds, grammar, punctuation, and size.
Due to our manufacturing process, the final quantity delivered will be within 10% of the number of units order. We do not guarantee that exact quantities will be delivered.
- Production time begins once your proof is approved and full payment is made.
- We are closed Saturdays, Sundays, and during our internally determined holiday schedule. We may also be closed or partially closed during Website outages, Product production equipment outages, weather emergencies, and other situations beyond our control. These days are not considered when calculating production time.
- Production time does not include shipping transit time.
- Production time is an estimate. We are not responsible for expedited delivery costs on orders that do not go out by the ship date.
- We are not responsible for delays caused by shipping carriers, weather, strikes, or other situations beyond our control, or for any damages resulting from the failure to receive an order on time.
- Our responsibility is limited to preparing your order and delivering it for shipping.
- We are not liable for damages that occur in shipping.
By ordering from Totally Awesome Stickers you grant us the right to use your product in our marketing and as product samples. If you do not wish to have your work used let us know and we will gladly comply with your request.
Totally Awesome Stickers, LLC is a limited liability company formed under the laws of the State of California. The internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to that state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in California for all disputes arising out of, or relating to, the Terms and Conditions, the Website and the Products.
Except for materials submitted by you or other persons or entities or taken from the public domain, all text, artwork, graphics and other works of authorship created by or for Totally Awesome Stickers and made part of the Website, together with the selection, arrangement and presentation of such materials, are protected copyrights of Totally Awesome Stickers.
Digital Millennium Copyright Act (“DMCA”) policy
We respect the intellectual property of others. Pursuant to the DMCA, notifications of claimed copyright infringement must be sent to our Designated Agent:
Susan E. Farley, Esq.
Heslin Rothenberg Farley & Mesiti P.C.
5 Columbia Circle
Albany, New York 12203
We will respond to all such notifications in an expeditious manner and take appropriate action. When required and if appropriate, this response may include one or more of the following actions:
- removing the infringing material or disabling all links to the infringing material;
- terminating a user’s access to and use of the website and/or closing an account if the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of others.
If we become aware that one of our users or account holders is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user or account holder. In the case of termination, we have no obligation to provide a refund of any amounts previously paid.
IMPORTANT: The foregoing contact is for copyright claims only. All other inquiries and concerns should be directed to Totally Awesome Stickers via the contact us page of the Website.
To be effective, the copyright claim must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- We may give you notice that we have removed or disabled access to certain material by means of a general notice via the Website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Totally Awesome Stickers may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We may remove any and all content from our website or deny access to the same within our sole discretion. By posting to our website, you expressly consent to and accept our unlimited right to control the content of our website without notice or further warning.
We own the Totally Awesome Stickers trademarks. You may not use, copy or alter any of our trademarks without our prior written consent. Other trademarks and service marks referenced at the Website may be the trademarks of their respective owners.
Use of website materials
You may access, print or download one copy of information from the Website for your personal use only, provided that you maintain all copyright and other proprietary notices contained in the materials. You may not otherwise access, use, copy, distribute, upload, modify, or reuse such information without the express written permission of Totally Awesome Stickers. Examples of prohibited actions include, without limitation, unauthorized copying of the Website content, scraping data from the Website, or using Website materials to create your own website.
Totally Awesome Stickers reserves the right, in its sole discretion and at any time, to disable your access to one or more features of the Website or terminate or suspend your account without notice. If we take action against your account, you will not open another account without our permission.
You may not engage in any activity related to the Website or Products in any manner that is unlawful or that violates the rights of Totally Awesome Stickers or any third party.
You may not remove, circumvent, disable or otherwise interfere with any security-related features of the Website.
You agree not to download or otherwise export any items in violation of United States export controls. Although the Website may be accessed worldwide via the World Wide Web, we make no representation that materials accessed through the Website are appropriate or lawful outside the United States.
Ordering for third parties
If you use the Website to submit requests for or on behalf of a third party (“Third Party”), you are responsible for all Submissions and orders that you transmit. Despite the fact that you are submitting requests on behalf of a Third Party, you are directly responsible under these Terms and Conditions for fulfilling all user obligations and paying all applicable fees, charges and indemnification amounts.
Materials that you transmit
You, and not Totally Awesome Stickers, are solely responsible for all text, photos, images, data, audio, video, and other materials of any kind (“Submissions”) that you upload, post, email or otherwise transmit (collectively, “transmit”) via any portion of the Website. By transmitting your Submissions to Totally Awesome Stickers, you are certifying to us that you have the right to use and submit the Submissions and to authorize us to create the Products you order. You agree not to use the Website to transmit: any Submissions that are unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, or invasive of another’s privacy; impersonate any person or entity, or misrepresent your affiliation with any person or entity; any materials that you do not have a legal right to make available or that infringe any patent, trademark trade secret, copyright or other proprietary right of any party; any junk mail, spam, chain letters, pyramid schemes or materials that contain viruses or other harmful components; or harvest or otherwise collection information about others. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions.
Totally Awesome Stickers does not endorse the contents of any Submissions and expressly disclaims any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove or delete any Submissions that you Transmit or attempt to Transmit, to terminate your access to the Website, to close your account, and to reject any orders, all without giving our reason for doing so.
Totally Awesome Stickers is not responsible for the loss or damage of your Submissions. We are not obligated to store and preserve your Submission. We may delete all Submissions as soon as Products have been shipped. If you desire a copy of your Submission, you should arrange to independently record or preserve your Submission.
When you use the Website or order Products, you represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You must provide a valid email address and any other information requested by Totally Awesome Stickers to complete your order. You are responsible for maintaining the confidentiality of your Totally Awesome Stickers login information and are fully responsible for all activities that occur under your account. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to immediately notify Totally Awesome Stickers of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
You agree to let us, in our sole discretion, display your Submissions and finished Products on the Website and distribute samples of your Products.
Submissions of other users
You acknowledge that in using the Website you will be exposed to Submissions of other users and that Totally Awesome Stickers is not responsible for the content of those Submissions. You further acknowledge that you may be exposed to Submissions of other users that are inaccurate, offensive, indecent or otherwise problematic or objectionable.
Third party products, services and links
Grant of license to you
If from time to time the Website includes a Totally Awesome Stickers app that you are authorized to access (“App”), Totally Awesome Stickers grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the relevant App on one mobile device owned or leased solely by you, for your personal use. You may not: modify, disassemble, decompile or reverse engineer said App except as otherwise provided by law, or rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to a third party, or make any copies of the App, or remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, or delete the copyright and other proprietary rights notices on the App. You acknowledge that Totally Awesome Stickers may from time to time issue upgraded versions of an App and may remotely upgrade the version on your mobile device or require you to do so.
Government end users
If any Totally Awesome Stickers materials (including without limitation the Website and any App) are being licensed on behalf of the United States Government, then the Government agrees that said materials were developed at private expense and are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure of the App by the U.S. Government are subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14 (ALT III)(June 1987), as applicable.
- All sales are final.
- We will reproduce your order if we verify that we made an error.
- We must be notified with 72 hours from delivery of any defects.
- We may request that you return 100% of a defective order within 5 days before we agree to redo your order.
- When reproducing an order, the original production time and shipping method will be used.
- This limited warranty is your sole warranty concerning the Products.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OR AS PROVIDED BY LAW, THE WEBSITE AND THE PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR WARRANTIES RELATED TO BEING ACCURATE, SAFE, AVAILABLE, UNINTERRUPTED, DEFECT-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE TOTAL LIABILITY OF Totally Awesome Stickers, ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM FOR THE SPECIFIC PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM.
EXCLUSION OF DAMAGES
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL Totally Awesome Stickers, ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This Agreement represents the entire agreement between Totally Awesome Stickers and you. If we waive your breach of any provision of this Agreement, we have not waived our rights to pursue your subsequent breach of that provision or any other provision of this Agreement. The determination by a court of competent jurisdiction that any portion of this Agreement is invalid or unenforceable on any ground shall not affect the validity and enforceability of any other portion of this Agreement.