Sticker Mule Terms and Conditions
Table of Contents
- PRIVACY
- ACCESSIBILITY
- ELIGIBILITY
- LICENSE TO USE THE WEBSITE, SOCIAL MEDIA, AND SERVICES
- RULES OF CONDUCT
- YOUR USER ACCOUNT
- TERMS AND CONDITIONS OF SALE
- INTELLECTUAL PROPERTY RIGHTS
- THIRD PARTY CONTENT AND ACTIVITIES
- USER INTERACTIONS
- INDEPENDENT CONTRACTOR STATUS
- WARRANTY DISCLAIMER
- TERMINATION
- INDEMNIFICATION / LIMITATION OF LIABILITY
- ENFORCEMENT OF OUR TERMS
- JURISDICTION
- DISPUTES; CHOICE OF LAW; VENUE; STATUTE OF LIMITATIONS
- ADDITIONAL TERMS
- CONTACT INFORMATION
Date of last revision: June 2024
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE WEBSITE, SOCIAL MEDIA, AND SERVICES.
You are reading these Terms because you are using Sticker Mule, LLC’s (including its affiliates, which we may collectively refer to as “Sticker Mule,” “we,” “us,” or “our”) Website, www.stickermule.com (the “Website”), are interacting with Sticker Mule’s social media platforms, including Sticker Mule’s accounts on Stimulus, Facebook/Meta, LinkedIn, X (formerly, Twitter), Pinterest, Instagram, and YouTube (collectively, “Social Media”), and/or are using Sticker Mule’s manufacturing, printing, and design services, including related tools (“the Services”, and which includes any additional paid services (including offers and subscriptions) we offer subsequent to the date of these Terms).
As used in these Terms, the words “you” and “your” refers to any user accessing the Website or Social Media or using the Services, including without limitation users who are visitors, browsers, vendors, customers, merchants, and/or contributors of content (each a “User” and collectively “Users”).
Certain offline or online services, promotions, events, and/or features may have additional terms and conditions specific to them, and those additional terms and conditions are incorporated herein by reference. If there is a conflict between these Terms and the terms set forth on a specific portion of the Website or Social Media for any product or service offered on or through the Website, the terms listed on the specific portion of the Website or Social Media shall control with respect to your use of that portion of the Website or Social Media.
STICKER MULE GENERAL TERMS AND CONDITIONS
Sticker Mule operates the Website and Social Media and provides the Services, and is responsible for processing any requests made through our Website, Social Media, and the Services. You may access the Website, Social Media, and Services through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device.” Your carrier's normal rates and fees apply to your Device.
Sticker Mule offers the Website, Social Media, and Services, including all products, information, tools, and resources available therein, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the Website, interacting with our Social Media, and/or using the Services, you agree to be legally bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to the Terms, then you may not access the Website or Social Media, or use any of the Services, including those offered via the Website or our Social Media. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current version of the Website, Social Media, or Services shall also be subject to these Terms.
THESE TERMS CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STICKER MULE REGARDING YOUR USE OF THE WEBSITE AND OUR SOCIAL MEDIA AND SERVICES.
Our Terms may change.
We may update these Terms from time to time. If a material change is made, we will post a notice on the Website. Read through any changes, and if you do not agree to them, please stop using the Website, Social Media, and Services. If you continue to use our Website, Social Media, and Services after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you.
PRIVACY
Our Privacy Policy is incorporated herein by reference. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using the Website, Social Media, and Services you agree to the terms of our Privacy Policy.
ACCESSIBILITY
We are dedicated to ensuring our Website is accessible to as many visitors as possible regardless of their ability or technology. We have an active commitment to increasing the accessibility of the Website and it is currently undergoing accessibility remediation.
Our ongoing accessibility remediation efforts work toward conforming the Website to the Web Content Accessibility Guidelines (WCAG) version 2.1, level AA criteria where possible and reasonable. See, https://www.w3.org/TR/WCAG21/.
While we strive to provide an accessible experience for all users, we acknowledge that some limitations may exist. These limitations may result from legacy content, or may be a result of factors beyond our control or knowledge, third-party integrations or content, or technical constraints. We are committed to minimizing these limitations and we welcome your feedback to help us improve.
To access and use our Website optimally, we recommend using the latest versions of popular web browsers, such as Google Chrome, Mozilla Firefox, Apple Safari, or Microsoft Edge. Please refer to your browser for guidance regarding how best to customize your settings for accessibility purposes.
Our Website is periodically checked to ensure its compatibility and functionality in various environments. We strive to provide a consistent experience across different platforms and screen sizes.
We appreciate your support and feedback as we work towards enhancing the accessibility of our Website. Your feedback is invaluable in helping us improve and provide an inclusive online experience for everyone.
If you encounter any difficulties viewing or navigating the content on the Website or wish to submit your feedback regarding the accessibility of our Website, please email our team at [email protected] with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. Alternatively, you may fill out our web form at https://www.stickermule.com/support/contact.
We value your input and will make every effort to address any issues promptly. Please note that any feedback submitted by you will be handled in accordance with our Privacy Policy and these Terms.
ELIGIBILITY
As set forth in more detail below, the Website, Social Media, and Services are not targeted toward or intended for use by anyone under the age of 18. By using the Website, Social Media, and Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Website, Social Media, and Services, or engaged in any activity that could result in suspension or removal from the Website, Social Media, and Services, (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party; and (d) are providing accurate and current information about yourself to Sticker Mule. You may not use the Website, Social Media, and Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of all our services to you.
LICENSE TO USE THE WEBSITE, SOCIAL MEDIA, AND SERVICES
Sticker Mule hereby grants you a limited, non-assignable, non-exclusive license to access the Website, Social Media, and Services subject to and in accordance with these Terms. Any violation of the terms of these Terms is grounds for immediate termination of this limited license and may result in legal action by Sticker Mule.
RULES OF CONDUCT
Your use of the Website, Social Media, and Services is conditioned on your compliance with the following rules of conduct. Sticker Mule reserves the right, in its sole discretion, to determine whether you are interacting with the Website, Social Media, and Services, or any other aspects of our Services in a responsible and appropriate way, in accordance with these Terms.
Users of the Website, Social Media, and Services may not (and may not permit any third party to):
- Use the Website, Social Media, and Services for any unlawful or fraudulent purpose, including to 1) defame, abuse, harass, threaten or otherwise violate the rights of others (including third party intellectual property rights, and rights of privacy and publicity); 2) impersonate any person or entity, including, but not limited to, any Sticker Mule employee, agent, or representative, or transmit any fraudulent, misleading or inaccurate contact information; and/or 3) disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- Express or imply that Sticker Mule endorses any statement you make;
- Access or attempt to access images that are not your images or accounts that you do not own, unless given permission by the owner of the rights to such image (or, in the case of a minor, their parent or legal guardian);
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website, Social Media, and Services;
- Interfere with or disrupt the operation of the Website, Social Media, and Services, including restricting or inhibiting any other person from using the Website, Social Media, and Services by means of hacking, or defacing any portion of the Website, Social Media, and Services;
- Engage in spamming or unsolicited bulk communications;
- Except as expressly permitted herein, copy, reproduce, broadcast, transmit, modify, abstract, create derivative works of, store, archive, aggregate, publicly display, redistribute, share, forward, license, sub-license, publish, sell or in any way commercially exploit any of the Content (defined below) contained within the Website, Social Media, or Services;
- Transmit or otherwise make available in connection with the Website, Social Media, and Services any virus, worm, Trojan horse, defects, root kit or other harmful code;
- Interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about other Users, or about Sticker Mule’s employees and representatives identified on the Website, Social Media, and Services without their express consent;
- Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website, Social Media, and Services;
- Make your user ID for the Website available to other Users or multiple Users, including on a network or within an organization; and
- Frame, mirror, in-line link to, harvest, spider, crawl, or scrape, index, all or any part of the Website, Social Media, and Services, including Sticker Mule’s or any other party’s intellectual property therein, without our prior express written authorization.
YOUR USER ACCOUNT
You may create a user account on our Website (a “User Account”), by registering your name, providing certain information about yourself, and creating a password.
You represent that all information supplied by you in creating a User Account is true and accurate.
You are responsible for safeguarding the confidentiality of your username and password that you use to access your User Account on our Website. You agree not to disclose your username or password to any third party. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, STICKER MULE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DISCLOSURE, THEFT, OR UNAUTHORIZED USE BY THIRD PARTIES, FOR WHATEVER REASON, OF AN ACCOUNT HOLDER’S USERNAME OR PASSWORD.
YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR USER ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS, INCLUDING ANY POSTING OF USER CONTENT (DEFINED BELOW).
You will immediately notify us of any unauthorized use of your User Account on the Website.
TERMS AND CONDITIONS OF SALE
MAKING PURCHASES. If you wish to purchase any products or services from Sticker Mule, we will ask you to send information applicable to your purchase, including, without limitation, payment and contact information. Any such information will be treated in accordance with our Privacy Policy. All information that you provide to us and/or our third-party payment processor(s) must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHODS USED TO INITIATE ANY TRANSACTION. YOU REPRESENT AND WARRANT THAT STICKER MULE AND/OR ITS VENDORS MAY COLLECT PAYMENT FROM ANY PAYMENT METHOD YOU PROVIDE. You agree to pay all charges incurred by you or any operators of your User Account and payment method at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Any declined payment costs shall be borne by you.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Website and/or Social Media. We make reasonable efforts to accurately display the attributes of our products and services, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Website and/or Social Media at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item or service purchased through our Website and/or Social Media. By placing an order, you represent that the products and services ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any User from making any or all purchase(s); and/or to refuse to provide any User with any product or service.
The personalized products we offer are made to order, and we reserve the right to charge your payment account method immediately when you place your order for such products.
- ADDITIONAL PAID SERVICES. In our sole discretion, we may offer additional services (including but not limited to subscriptions) in exchange for a fee. The terms of any such offers will be listed on the specific portion of the Website or Social Media dedicated to such offers.
- LIMITED TIME OFFERS AND DISCOUNTS. In our sole discretion, we may also offer discounts and/or make limited-time offers. The terms of any such discount/offers will be listed on the specific portion of the Website or Social Media dedicated to such discounts/offers. Each discount and/or offer will be valid for the fixed term or, where appropriate, while stocks last. If the discount and/or offer is for a limited time only, the time zone referred to in the discount and/or offered is Eastern Standard Time, unless otherwise specified.
- DELIVERY. Deliveries are made during normal business hours to the address submitted by you at the time of purchase and in the manner specified by you in the order summary. Upon delivery, it is your duty to verify the contents of an order are correct and to specify any anomalies in the delivery form. In case of your failure to collect the products delivered by the deadline set by the applicable carrier, the products will be returned to Sticker Mule, and Sticker Mule will refund the purchase price of the items but not the shipping cost. Sticker Mule will not be responsible or liable for errors in delivery due to inaccuracies or incompleteness in the information supplied at the time of purchase by you, for any damage occurring to products once they are in the possession of a carrier company, or for any delays in delivery attributable to a carrier.
CANCELLATION/REFUNDS. Order and item cancellation requests will not be approved once a User has approved the proof for such order/item.
Sticker Mule accepts refund requests for product purchases (other than label dispensers) based upon quality defects, and when such requests are made within 72 hours from the date of delivery. In order to process a refund request based upon a quality defect, User must contact Sticker Mule at the contact information listed below and provide an accurate description of the defect. To the extent Sticker Mule verifies the product does not conform to its description, the User has the right to repair or replacement of the product. The User also has a right to request a fair price reduction or the termination of the purchase, in the following cases:
- If repair and replacement are impossible or prohibitively expensive;
- If Sticker Mule has not taken steps to repair or replace the product within a reasonable period, not less than 15 days; and
- Whenever a previously carried out replacement or repair has caused significant inconvenience to the User.
Sticker Mule accepts refund requests for label dispensers made for any reason within 14 days from the date of delivery (so long as such products are promptly returned to Sticker Mule as set forth below, and unless the refund request is due to a product defect covered under the applicable warranty, in which case such return shall be subject to the terms of the warranty).
To the extent a User wishes to withdraw from any additional services and/or subscriptions offered by Sticker Mule, the User must inform Sticker Mule in writing prior to the additional services being provided and/or the subscription renewal date. A template withdrawal form is provided below, but User may communicate such withdrawal in any other equivalent way:
Addressed to:
Sticker Mule, LLC 336 Forest Ave Amsterdam, NY 12010
[email protected]I/We hereby give notice that I/we withdraw from my/our contract of sale of the following service/subscription: _____________________________________________ (insert a description of the services/subscriptions that are subject to the respective withdrawal)
Ordered on: ___________________________________________________ (insert the date)
- Name of User(s): ________________________________________________
- Address of User(s): ______________________________________________
- Date: _________________________________________________________
- Signature: _____________________________________________________
With regard to the withdrawal from any additional services and/or subscriptions, all fees paid are non-refundable in the event that:
- the additional services have already been provided at the time of payment; or
- the User has not disabled automatic renewals before the expiration date and the service has been automatically renewed for an additional billing period. The User will be notified prior to any additional services and/or subscriptions being automatically renewed.
EFFECTS OF CANCELLATION/WITHDRAWAL. A User who correctly cancel/withdraw orders, items, or additional services, will be reimbursed by Sticker Mule for all payments made to Sticker Mule, including those covering the cost of delivery (except for additional costs arising from User’s choice of a certain type of delivery other than the standard delivery method, which would have incurred lower delivery costs). Such reimbursement shall be made without undue delay and in any event no later than 14 days from the day on which the cancellation/withdrawal is processed (or within 5 days of us verifying a quality error exists if the cancellation/withdrawal is based upon a quality defect).
Reimbursements will be made using the same method of payment specified by the User for the initial transaction unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement.
Reimbursement may be withheld or delayed until the User returns the products (such as label dispensers) to Sticker Mule, or until the User has supplied evidence of having done so, whichever date is the earliest. As applicable, the User shall send back any all products and return them to Sticker Mule without undue delay and not later than 14 days from the date of the cancellation/refund/withdrawal request. The costs of returning any such products shall be borne by the User but will be reimbursed as outlined herein. The User is solely liable for any diminishing of the value of any products resulting from the handling of the products other than what is necessary to establish the nature, characteristics and functioning of the products.
LIMITATIONS ON THE RIGHT OF RETURN/REFUND. Products returned damaged or used beyond what is necessary to establish their nature, characteristics, and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value. To the extent the User is asked to return products to us, a copy of the delivery receipt should be included with the return.
The right of return/refund is also specifically excluded in all cases relating to:
- Products made to specifications;
- Products which are liable to deteriorate or expire rapidly; and
- Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery.
INTELLECTUAL PROPERTY RIGHTS
OWNERSHIP OF CONTENT. Except for Third-Party Content (defined below), all of the content contained within the Website, Social Media, and Services as provided by Sticker Mule – including, without limitation, the text, information, software, scripts, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by Sticker Mule or others we license Content from, and is protected by copyright, trademark, patent and/or other laws. Sticker Mule reserves all rights not expressly described in these Terms.
- All trademarks, service marks and trade names (e.g., the Sticker Mule logos) are owned, registered and/or licensed by Sticker Mule. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Website, Social Media, and Services.
- You agree not to change or delete any copyright, trademark, or other proprietary right ownership notices from any materials contained in, displayed, downloaded, or printed from any portion of the Website, Social Media, and Services.
- To the extent Sticker Mule approves the download or use of any Content from the Website, Social Media, and Services, which includes materials protected by copyright, Sticker Mule grants you a limited, non-transferable, non-sublicensable, and revocable license to access and use such materials protected by copyright solely for personal, non-commercial, use on your personal device only, for as long as Sticker Mule makes such Content generally available to you and provided ownership attribution requested to Sticker Mule is correctly indicated. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content). Sticker Mule reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Sticker Mule reserves the right to take down any Content in violation of these terms or Sticker Mule’s intellectual property rights. Sticker Mule allowing you this limited use does not constitute a waiver of any of Sticker Mule’s rights to the Content.
- Any expression or result of Sticker Mule’s Services, or the work, findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know-how, programs, tools, templates, layouts, applications, interfaces, enhancements, software, and other technical information (collectively “Work Product”) created by Sticker Mule in the course of performing the Services to a particular User are also the property of Sticker Mule and are licensed to that User, without further license fees, provided, however, to the extent such Work Product provided by Sticker Mule contains the User’s confidential information or User Content, the User shall retain title to such confidential information and User Content. With the exception of User’s confidential information and User Content, User shall have no right to sublicense, transfer, assign, convey or permit any third party to use or copy any Work Product.
- Outside of the specific usage rights granted to you by Sticker Mule in connection with the Website, Social Media, and Services, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on Social Media), without Sticker Mule’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
POSTING CONTENT ON OUR WEBSITE AND SOCIAL MEDIA ACCOUNTS
USER CONTENT LICENSE. You can interact with us via our Website and Social Media by submitting or transmitting text, photos, images, graphics, videos, comments, and/or other content, which we refer to as “User Content.” Sticker Mule is not responsible for User Content others post to our Website and Social Media. User Content is owned by you or whoever created it, but when you post User Content, you license it on a limited basis to Sticker Mule as described below:
- You represent that you own or otherwise possess all necessary rights with respect to the User Content, including any necessary consent from any third parties whose data and/or content you share with Sticker Mule, and that the User Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Content is not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others, or otherwise objectionable.
- You grant Sticker Mule a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you submit on or in connection with our Website, Social Media, and Services, including the likeness of any person that appears in the User Content, for the purpose of fulfilling your order(s) and/or marketing our products and services.
- Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through the Website, Social Media, and Services, are not proprietary to you, and the rights to such template or layout will remain with us.
- Sticker Mule may, in its sole discretion, remove any User Content at any time.
- You may delete your own User Content from the Website, Social Media, or Services At the same time, Sticker Mule reserves the right to remove your User Content without notice to you.
- Sticker Mule has no obligation to monitor User Content, and you agree that neither Sticker Mule nor its parents, subsidiaries, affiliates, employees, or agents will be liable for User Content or any loss or damage resulting from User Content.
- You understand that deleted User Content may persist on our Website, Social Media, and Services to the extent your User Content has been publicly posted.
- You agree that we may (but are not obligated to) filter any User Content (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Content (including, without limitation, suspending processing and shipping of any order relating to any User Content) and/or disclose any User Content and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms, or to comply with legal obligations or governmental requests.
- User Content that violates these Terms may be removed from our Website, Social Media, and Services; however, we have no obligation to remove User Content in response to User reports or requests.
- We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Content from our Website, Social Media, and Services. We recommend you keep back-up copies of your User Content on your hard drive or other personal system.
- CUSTOM DESIGN SERVICES. Sticker Mule offers Custom Design Services whereby you have the opportunity to use the designer tools (the “Design Tools”) on our Website to create a custom design (the “Custom Design”) for a specific product (the “Designed Product”). By using the Custom Design Services and Design Tools, you agree you are solely responsible for the materials and User Content you submit to us to create the Custom Design and Designed Product. You grant us a fully paid, worldwide, non-exclusive right and license to use your User Content, owned or licensed copyrights, logos, insignia, trademarks, and other artistic designs contained in the specific materials submitted to us for the purpose of providing the Custom Design Services, Design Tools, Custom Design, and the Designed Product. You continue to own and retain all rights, title and interest in and to your User Content, trademarks, copyrights, and other intellectual property contained in the Designed Product. Sticker Mule will own and retain all rights, title and interest in and to the Custom Design Services, Design Tools, Custom Design, and Designed Product. We will grant you a fully paid, worldwide, non-exclusive right and license to use the Designed Product, provided you have paid for the Custom Design Services in full. You are not obtaining any intellectual property rights from us with respect to the Custom Design or Designed Product. You may request that the Custom Design be applied to any of our current product offerings. In our sole discretion, and for an additional fee, we may also provide you with an electronic version of the Custom Design for your personal use.
- LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Sticker Mule a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
COPYRIGHT INFRINGEMENT NOTICE. We respect the intellectual property rights of others and expect Users of the Website, Social Media, and Services to do the same. In accordance with the Electronic Commerce Directive 2000 (“ECD”), among other copyright laws), we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Designated Agent”). If you believe that your copyrighted work has been infringed, please submit a written notice to our Designated Agent that substantially includes the following:
i. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
iii. 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;
iv. 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;
v. 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
vi. 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.All notices must be written in the English language. The written notice, along with any accompanying items, must be submitted to our Designated Agent at:
ATTN: Patrick J. Fitzgerald, Esq.
Girvin & Ferlazzo, P.C.
20 Corporate Woods Blvd.
Albany, NY 12211
Email: [email protected]If you send your notice by email, please make sure to write “Copyright Infringement Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the ECD and/or applicable copyright law. Inquiries that do not follow this procedure may not receive a response.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether the material is infringing, please contact an attorney before submitting a notice to us. Fraudulent or abusive notices may result in account termination or other legal consequences.
THIRD-PARTY CONTENT AND ACTIVITIES
From time to time, Sticker Mule may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Website, Social Media, and Services, but this does not mean Sticker Mule endorses, monitors or has any control over these Third Parties or their content, policies, or activities (“Third Party Content”), which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. Sticker Mule is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.
Other sites may provide links to our Website, Social Media, and Services with or without our authorization. We do not endorse such sites and are not, and will not be, responsible or liable for any links from those sites to our Website, Social Media, and Services, any content, advertising, products, services, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
Sticker Mule reserves the right, at any time and in our sole discretion, to block links to our Website, Social Media, and Services through technological or other means without prior notice.
USER INTERACTIONS
To the extent allowed by applicable law, we are not responsible for your interactions with other Users of our Website and Social Media, or any damage or harm you may experience because of these interactions. You acknowledge and agree that you must be responsible and take precautions when interacting with other Users (including Users you do not know) of our Website and Social Media. Sticker Mule is under no obligation to become involved with any dispute between Users but may do so at its own discretion.
INDEPENDENT CONTRACTOR STATUS
Sticker Mule performs the Services as an independent contractor, not as an employee of any User. Nothing in the Terms is intended to construe the existence of a partnership, joint venture, or agency relationship between any User and Sticker Mule.
WARRANTY DISCLAIMER
THE WEBSITE, OUR SOCIAL MEDIA, THE CONTENT, AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL SUPPLIER, NOT BY STICKER MULE. STICKER MULE DOES NOT GUARANTEE THAT THE WEBSITE, SOCIAL MEDIA, AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SOCIAL MEDIA, AND SERVICES ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.
TO THE FULLEST EXTENT PERMITTED BY LAW, STICKER MULE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, SOCIAL MEDIA, SERVICES, CONTENT, AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN, PURCHASE, OR ACCESS THROUGH THE WEBSITE, SOCIAL MEDIA, AND SERVICES, AND/OR VIA ASSOCIATED THIRD PARTY LINKS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
STICKER MULE PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THE WEBSITE AND OUR SOCIAL MEDIA WITHOUT NOTICE. STICKER MULE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE OR OUR SOCIAL MEDIA. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, STICKER MULE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE WEBSITE AND SOCIAL MEDIA. ALSO, NOTHING CONTAINED ON THIS WEBSITE OR OUR SOCIAL MEDIA SHALL BE INTERPRETED AS ADVISING YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT IT CAN UNDER THE LAW.
You are solely responsible for any damage to your Device resulting from accessing the Website or our Social Media and using our Services, to the extent applicable law does not provide otherwise.
We hope you enjoy and get the full benefit of the Website, Social Media, and Services; however, we do not guarantee any results.
TERMINATION
Sticker Mule may terminate or modify the Website, Social Media, Services, Content, or any of our products or services, at any time without notice.
Sticker Mule may delete your User Account and User Content and restrict your use of all or any part of the Website, the Social Media, or Services at any time and for any reason, without any liability to Sticker Mule, subject to applicable law.
You understand and agree that your account username and some of your User Content, particularly that which is displayed in an activity feed or in other public places on our Website or Social Media, may continue to appear publicly even after your User Account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law and our Privacy Policy. These Terms remain in effect even after your User Account with Sticker Mule is terminated and/or you have stopped using the Website/Social Media/Services.
INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to enjoy our Website, Social Media, and Services, but Sticker Mule must also protect itself from any damages you may cause.
- INDEMNIFICATION AND RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to you. To the extent they do apply to you, you agree to indemnify, defend, and hold harmless Sticker Mule, its officers, members, directors, employees, independent contractors, administrators, stockholders, parent entities, sister entities, subsidiary entities, divisions, partners, partnerships, commonly controlled operations, affiliates, attorneys, insurers, accountants, receivers, advisors, consultants, reinsurers, third party administrators, web developers, agents, representatives, licensors and suppliers (the “Sticker Mule Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to (1) User Content, (2) your use of the Website, Social Media, or Services, (3) your conduct in connection with the Website, Social Media, Services, or with other Users, or any violation of these Terms, any law, or the rights of any third party, and (4) your participation in any Sticker Mule activities or events, or Sticker Mule’s partners’ events. You, for yourself and on behalf of your heirs, agents, estate, successors and assigns, hereby fully and forever release and discharge the Sticker Mule Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Website, Social Media, and Services.
LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. To the extent they do apply to you, STICKER MULE WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM, OR ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, SOCIAL MEDIA, AND/OR SERVICES, (2) ATTENDANCE AT, OR PARTICIPATION IN, A STICKER MULE EVENT OR A STICKER MULE PARTNER EVENT, (3) THE CONDUCT OF OTHER USERS OF THE WEBSITE, SOCIAL MEDIA, OR SERVICES (WHETHER ONLINE OR OFFLINE), (4) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY STICKER MULE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE, SOCIAL MEDIA, SERVICES; (5) ANY ACTION TAKEN BY COPYRIGHT OWNERS OR OWNERS OF OTHER INTELLECTUAL PROPERTY RIGHTS AGAINST YOUR USER CONTENT; (6) ANY ERRORS OR OMISSIONS IN THE WEBSITE, SOCIAL MEDIA, OR SERVICE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF STICKER MULE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE, SOCIAL MEDIA, OR SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, SOCIAL MEDIA, AND SERVICES. YOUR ONLY REMEDY AGAINST STICKER MULE IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, SOCIAL MEDIA, AND SERVICES, IS TO STOP USING THE WEBSITE/SOCIAL MEDIA/SERVICES. IF STICKER MULE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, SOCIAL MEDIA, AND SERVICES, STICKER MULE’S LIABILITY SHALL NOT EXCEED $100.00 USD. ANY CLAIMS MADE AGAINST STICKER MULE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.
ENFORCEMENT OF OUR TERMS
Sticker Mule may investigate any reported, alleged or suspected violation of these Terms, and take any action that Sticker Mule, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a User’s access to the Website, Social Media, or Services, or complete termination of such access, at any time. Additionally, Sticker Mule reserves the right to bring suit for any violation of these Terms.
JURISDICTION
We do not represent or warrant that the Website, Social Media, and/or Services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access our Website, Social Media, and/or Services do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Website, Social Media, and/or Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
DISPUTES; CHOICE OF LAW; VENUE; STATUTE OF LIMITATIONS
Please read this carefully. It affects your rights. THESE TERMS AND THE WEBSITE, SOCIAL MEDIA, AND SERVICES ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. ALL CLAIMS AND CONTROVERSIES RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, SOCIAL MEDIA, AND SERVICES SHALL BE RESOLVED MANDATORY BINDING ARBITRATION UNLESS OTHERWISE REQUIRED BY LAW, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES, OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONTGOMERY COUNTY, NEW YORK. YOU CONSENT TO WAIVE ALL DEFENSES OF “LACK OF PERSONAL JURISDICTION” AND “INCONVENIENT FORUM” WITH THE RESPECT TO THE VENUE AND JURISDICTION IN THE FORUM ARTICULATED ABOVE.
YOU AGREE THAT ANY AND ALL RIGHTS AND OBLIGATIONS OF ANY PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM ACCRUAL OF THE CAUSE OF ACTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
ADDITIONAL TERMS
- ELECTRONIC COMMUNICATIONS. By using the Website, Social Media, and Services, you agree to receive certain electronic communications from Sticker Mule, subject to applicable law. You agree that any notice, agreement, disclosure, or other communication that Sticker Mule sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. You also agree that your electronic agreement is the same as your signature on paper.
RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY, ENTIRE AGREEMENT.
- Sticker Mule may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
- Sticker Mule’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Sticker Mule’s rights. Users should always assume these Terms apply.
- If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
- These Terms constitute the entire agreement between Sticker Mule and you in relation to your use of the Website, Social Media, and Services, and supersede all prior agreements and understandings.
AGE REQUIREMENTS. In order to create a User Account or purchase any products or services from Sticker Mule, you must be 18 years of age or over (or of the legal age of majority in your jurisdiction). By using creating a User Account or purchasing any products or services from Sticker Mule, you confirm that you possess the legal authority to enter into these Terms, including instructing us and/or our vendors to collect any payments from a credit or debit card, and to use the Website, Social Media, and Services in accordance with these Terms. You confirm that all information supplied by you in using the Website, Social Media, and Services is true and accurate.
The Website, Social Media, and Services are not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all Users under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that Sticker Mule discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
CONTACT INFORMATION
If you have any questions about these Terms, please do not hesitate to contact us at:
Sticker Mule, LLC
336 Forest Ave
Amsterdam, NY 12010email: [email protected]