Terms and Conditions

Welcome to YooCustom.com. This website is owned and operated by YooCustom. 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).

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) You are solely responsible for the content you upload for custom products.  By uploading content you agree that you are the owner of that content or have permission to use the content to create a custom product.

h) 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:

1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

3. Contains any type of unauthorized or unsolicited advertising;

4. Impersonates any person or entity, including any YooCustom 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.

i) 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 YooCustom.com, 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.

j) You agree to indemnify and hold harmless YooCustomand 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.

Our Offer and Your Order

a) To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. Children under age 13 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.

b) Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.

c) By placing an order using YooCustom’s site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with YooCustom only (no contract exists between the customer and any applicable shop owner). YooCustom sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received.

d) Your order is complete and the contract between us is final once we confirm your order by a complete e-mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Paypall, Visa, Mastercard, American Express and other Credit Cards. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed. The offer is only accepted when YooCustom confirms that production has completed in a second complete e-mail. YooCustom cannot guarantee the continued availability of any products or designs found on its site.

e) Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. YooCustom cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.

f) YooCustom reserves the right to reject orders for any reason or no reason. If YooCustom rejects an order, it will notify the customer.

g) YooCustom’s performance of an order is completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and YooCustom cannot replace the order in a reasonable amount of time, YooCustom will notify the customer immediately.

h) Images and other content may only be submitted in digital format and in JPG or PNG format. You are solely responsible for any content that you submit to YooCustom, and submit it at your own risk. You should only submit images and other content to be printed by YooCustom, if you are properly authorized by the intellectual property owner of such images and content, or if the content is in the public domain. You understand and agree that YooCustom may review, delete, or destroy any content that, in its sole judgment, might be offensive, illegal, inappropriate, or that might violate the rights of, harm, or threaten the safety of others.

i) Customer agrees to indemnify, defend, and hold YooCustom, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any intellectual property infringement claim or demand made by any third party in connection to the Products, provided the claim or demand specifically relates to the image or other content submitted by Customer.

j) All offers of YooCustom are non-binding and may be revoked at any time, unless YooCustom stated otherwise in writing.  Any amendments made by YooCustom in writing shall entail a new offer, automatically revoking the previous offer. Any amendments by Customer of a YooCustom offer will be deemed a new offer by Customer, which YooCustom may accept or reject in its sole discretion. Offers will only be deemed accepted by YooCustom if it does so in writing.

k) Customer hereby understands and accepts that all samples, colors, drawings, models, figures, dimensions, weights or any other specifications for Products are estimates only, although YooCustom will use best efforts to ensure their accuracy. Small deviations, especially in color tones, cannot be deemed a Defect of the Product.

l) Product configurations and prices are subject to change at any time, and YooCustom shall at all times be entitled to modify price lists, brochures, printed matter, quotations and other documents.

m) All prices are exclusive of, and Customer shall pay, all taxes, duties, levies or fees, or other similar charges imposed on YooCustom or Customer by any taxing authority (other than taxes imposed on YooCustom’s income)  related to Customer’s order.  The prices or fees quoted are in U.S. Dollars  or in another currency if stated by YooCustom in writing.

n) All Agreements for the delivery of Products shall be treated as separate agreements.

Delivery and Shipment

All orders are subject to Product availability and YooCustom is entitled to make partial deliveries. Customer is aware that Products may be shipped through third party carriers and that delivery times and dates are merely estimates. YooCustom CANNOT BE HELD LIABLE FOR ANY DAMAGES AS A RESULT OF DELAY IN DELIVERY OF PRODUCTS.

Payment

a) Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. YooCustom reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.

b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for YooCustom to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of YooCustom’s own, the customer agrees that YooCustom may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.

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 https://yoocustom.comor 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. https://www.yoocustom.com 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.

Intellectual Property/Copyrights/Trademarks/Patents

All content and materials available on https://www.yoocustom.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of https://www.yoocustom.com, 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 https://www.yoocustom.com.

All intellectual property rights, e.g., patents, copyrights, trademarks, designs, models, know-how and all proprietary and/or commercial rights and trade secret rights, tools, documentations, etc., in relation to the Products are owned by YooCustom or its licensor(s).  For the avoidance of doubt, YooCustom does not own the images submitted by Customer for use on a Product.  No transfer or other grant of rights is given to Customer, unless explicitly stated in writing.  This applies even if Products have been specifically designed, developed or complied for Customer.

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 https://www.yoocustom.com. 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.

Force Majeure

YooCustom will not be liable for any delay in performing or failure to perform any of its obligations under these Terms or the Agreement caused by events beyond its reasonable control. YooCustom will notify Customer promptly in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.

No Waiver

The failure to exercise, or delay in exercising, a right, power or remedy provided by the Agreement or these Terms or by law shall not constitute a waiver of that right, power or remedy.  If YooCustom waives a breach of any provision of these Terms or the Agreement, this shall not operate as a waiver of a subsequent breach or that provision or as a waiver of a breach of any other provision.

Guarantee

UNLESS OTHERWISE EXPRESSED, https://www.yoocustom.com 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:

https://www.yoocustom.com

support@yoocustom.com