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Terms Of Use
Please read these Terms of Use before enjoying “MASTERPICS”, it applies to and describes the terms, conditions and requirements that govern your use and purchases from “MASTERPICS” website. “MASTERPICS” can and may change any of the Terms of Use by posting an updated version.
By visiting the “MASTERPICS” website and using the products and services, you are signifying your assent to these Terms of Use and to our Privacy Policy.
If you do not agree with any of the Terms of Use, please do not access or purchase any products and services from “MASTERPICS”.
If you have any questions about the Terms of Use please contact “MASTERPICS” at hey@MASTERPICS.com.
You may access and use “MASTERPICS” only for your personal and noncommercial use.
In order to use “MASTERPICS”, you MUST agree not to do any of the following, which are prohibited: (a) transmit any malicious software, scrape, reverse-engineer, duplicate or copy the “MASTERPICS” website, or parts of it; (b) falsely state your identity, use any fraudulent, misleading or knowingly inaccurate contact information; (c) upload or transmit any photograph, image or other content that: (d) you do not own or do not have the lawful and legal right, license or permission to use, reproduce, create, distribute and display; (e) violates the privacy or publicity rights of any person or entity; (f) is false, intentionally misleading or defamatory; (g) violates the intellectual property or proprietary rights of any third-party right; (h) displays or depicts graphic violence or sexual acts; (i) contains material that is unlawful, including illegal hate speech or incitement to violence, threatening or pornographic; (j) displays or depicts inappropriate child nudity or exploits or otherwise harms minors; (k) displays or depicts animal cruelty or violence towards animals; violates or advocates the violation of any applicable federal, state and local laws, regulations and ordinances.
“MASTERPICS” may reject any content and refuse to fulfill any orders which we believe may violate the rights of others.
YOU MUST BE AT LEAST THIRTEEN (13) YEARS OLD TO USE THE “MASTERPICS” WEBSITE. IF YOU ARE UNDER AGE 18 BUT ABOVE 13 YOU ARE PERMITTED TO USE THE “MASTERPICS” WEBSITE, PROVIDED YOU DO SO WITH THE CONSENT OF A PARENT OR LEGAL GUARDIAN WHO ACCEPTS THE TERMS OF USE ON YOUR BEHALF.
Indemnification in case of Terms of Use violation
You agree to indemnify, defend and hold harmless “MASTERPICS” and its employees, officers, contractors, agents, subsidiaries or affiliates from all claims, lawsuits, losses, damages, judgments and expenses, including reasonable attorneys' fees and other litigation or defense costs and expenses, which relate to, arise from or are based on: (a) your violation or alleged violation of the Terms of Use; (b) your right, authority or license (or lack thereof) to use, reproduce, distribute and/or display content that you uploaded or transmitted to “MASTERPICS” or that “MASTERPICS” included in a product that you ordered or purchased through “MASTERPICS”; (c) your violation or alleged violation of any rights of a third-party.
By using “MASTERPICS” to upload content or order any product that includes content, you represent and warrant that (a) you own or have the lawful and legal right or license to use, reproduce, create, distribute and display such content and anything depicted in such content; (b) the content complies with all applicable federal, state and local laws, regulations and ordinances; (c) the content does not violate or infringe intellectual property or proprietary rights of any third-party; (d) the content does not infringe or violate the privacy or publicity rights of any person or entity; and (e) you are at least thirteen (13) years old.
By uploading or transmitting content to “MASTERPICS”, you grant “MASTERPICS” a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from such content for the purposes of (a) creating, producing and fulfilling any products or services that you order or purchase from “MASTERPICS”; (b) marketing or otherwise displaying “MASTERPICS” products and services to you (at the e-mail address you provide to us or from which you upload or transmit the content to us), including creating, displaying and transmitting to you digital representations of “MASTERPICS” products that display your content; (c) “MASTERPICS” internal record keeping, administration, maintenance, research and development; (d) archiving or preserving the content for disputes, legal proceedings, or investigations.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, “MASTERPICS” expressly disclaim any and all warranties or guarantees of any kind whether express or implied, including but not limited to any warranties and remedies.
“MASTERPICS” does not make any warranty that (a) the service will be uninterrupted, timely, secure, or error free, or (b) the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations, or (c) that defects, if any, will be corrected.
You agree that “MASTERPICS” shall have no responsibility for any damages suffered by you in connection with the “MASTERPICS” website, services and products.
You expressly agree that use of the “MASTERPICS” website, including all content, data or software distributed by, downloaded or accessed from or through the “MASTERPICS” website, is at your sole risk. You understand and agree that you will be solely responsible for any damages resulting from your connection with “MASTERPICS”.
You acknowledge that “MASTERPICS” makes no warranty or representation that confidentiality of information transmitted through the “MASTERPICS” website will be maintained, although “MASTERPICS” does follow a Privacy Policy with respect to customer information.
In the event that the “MASTERPICS” website is available through any third-party platform or website, or if the “MASTERPICS” Website provides links to any third-party platform or website, or permits any third party to link to the “MASTERPICS” website, you understand and agree that “MASTERPICS” makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties, their platforms or websites, which are not under the control of “MASTERPICS”.
RETURN AND REFUND POLICY
If the provided product has a defect “MASTERPICS” will resend a replacement.
If the customer simply doesn’t like the product, new (unused items) can be returned to “MASTERPICS” within 30 days of delivery at the expense of the customer.
If you want to return an item, please first reach out to customer support.
Please note that because all of our items are one-of-a-kind, those returns will incur a 50% restocking fee.
CANCELLATION POLICY
Once your order has been submitted we are immediately beginning the process of production of your personalized items.
If you would like to cancel your purchase, the restocking fee is 50% of the total amount of the item.
To cancel your order, please contact our customer support.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, “MASTERPICS” AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING OR MARKETING EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATING TO PRODUCTS OR SERVICES provided by “MASTERPICS”. Including without limitations: (a) the state and quality of products; (b) transport of the products to the address you provided; (c) any physical damage of any kind which occurs while using the products.
Any implied or express information provided by “MASTERPICS” shall not create any warranty, unless expressly stated in these Terms of Use. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY DISSATISFACTION WITH A “MASTERPICS” SERVICE OR PRODUCT IS TO OBTAIN A REFUND AND TO STOP USING THE PRODUCT, SERVICE OR “MASTERPICS” WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE “MASTERPICS” PARTIES ARISING OUT OF OR RELATING TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE FOR THE PRODUCT OR SERVICE THAT YOU PAID TO THE “MASTERPICS” PARTIES.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST “MASTERPICS” AND PARTICIPATE IN SUITS, ACTIONS, LEGAL PROCEEDINGS, OR ARBITRATIONS AGAINST “MASTERPICS”, ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.