TERMS OF SERVICE
These Terms of Service ("Terms") govern your access to and use of the website engravableyou.com (the "Service") operated by Engravable You ("Engravable You," "we," "us," or "our").
By accessing or using the Service, you signify your unreserved agreement to be bound by these Terms, along with our Privacy Policy. Should you disagree with any portion of these Terms, you are expressly prohibited from accessing or using the Service.
1. Acceptance of Terms 1.1. Your use of the Service constitutes your acknowledgment that you have read, understood, and agree to abide by these Terms. 1.2. Engravable You reserves the right to amend or revise these Terms at any time without prior notice. Your continued use of the Service subsequent to any such modifications shall constitute your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
2. Use of the Service and User Conduct 2.1. Engravable You provides a platform for the customization and purchase of engravable products. 2.2. You agree to use the Service solely for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of the Service by, any third party. 2.3. Prohibited Conduct: You agree not to: a. Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. b. Engage in any activity that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. c. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. d. Upload content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. You warrant that any designs, text, or images submitted for engraving do not violate any third-party intellectual property rights. Engravable You reserves the right to refuse to engrave any material it deems inappropriate or potentially infringing without liability.
3. Intellectual Property Rights 3.1. All content, trademarks, service marks, trade names, logos, and intellectual property displayed on the Service, including but not limited to text, graphics, images, software, and underlying code, are the exclusive property of Engravable You or its licensors and are protected by applicable intellectual property laws. 3.2. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms. 3.3. Any content, designs, or materials you submit to Engravable You for the purpose of customization or engraving ("User Content") shall remain your property or the property of your licensors. By submitting User Content, you grant Engravable You a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of fulfilling your order and operating the Service. 3.4. Engravable You shall not be liable for any claims arising from your submission of copyrighted or otherwise protected User Content without proper authorization. You bear sole responsibility for ensuring that your User Content does not infringe upon the rights of any third party.
4. Orders, Payments, and Returns 4.1. All orders placed through the Service are subject to acceptance by Engravable You. 4.2. Prices for products are subject to change without notice. Engravable You reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 4.3. Payment for all orders must be made in full at the time of purchase. 4.4. Information regarding our return and refund policy is available on a separate page of the Service and is hereby incorporated by reference. Due to the custom nature of products, specific return limitations may apply.
5. Disclaimers and Limitation of Liability 5.1. THE SERVICE AND ALL PRODUCTS AND CONTENT PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. 5.2. ENGRAVABLE YOU DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 5.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENGRAVABLE YOU, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. NOTWITHSTANDING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF ENGRAVABLE YOU TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO ENGRAVABLE YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
6. Indemnification 6.1. You agree to defend, indemnify, and hold harmless Engravable You and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: a. Your use and access of the Service, by you or any person using your account and password. b. A breach of these Terms. c. Your User Content. d. Your violation of any rights of a third party, including without limitation any intellectual property right, privacy right, or contractual right.
7. Termination 7.1. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 7.2. Upon termination, your right to use the Service will immediately cease. 7.3. Sections 3 (Intellectual Property Rights), 5 (Disclaimers and Limitation of Liability), 6 (Indemnification), 9 (Governing Law), and 11 (Contact Information) shall survive any termination or expiration of these Terms.
8. Governing Law 8.1. These Terms shall be governed and construed in accordance with the laws of [Jurisdiction, e.g., the State of California, United States] without regard to its conflict of law provisions. 8.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
9. Entire Agreement 9.1. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
10. Severability 10.1. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
11. Contact Information 11.1. For any questions concerning these Terms, please contact us at [email protected].
Date of Last Revision: [Insert Date - e.g., October 26, 2023]