ZAZZLE INC. ("ZAZZLE") PROVIDES ITS WEBSITE AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY OR YOUR EMPLOYER, SUCH THIRD PARTY'S OR EMPLOYER'S) AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW (REFERENCES IN THIS AGREEMENT TO "YOU" INCLUDE YOU AND ANY SUCH THIRD PARTY OR EMPLOYER). ZAZZLE CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND ZAZZLE MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT USER_AGREEMENT@ZAZZLE.COM.
User Account, Password, and Security
To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer.
You agree to (a) immediately notify Zazzle of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Zazzle cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In using this Site, you agree to not:
- upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, download, post, email or otherwise transmit any Content that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
- upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;
- upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, download, post, email or otherwise transmit false or misleading information;
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
- access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
- frame the Site within another Site or webpage or link to the Site except as permitted in writing by Zazzle;
- incorporate images or names that would violate a person's right of privacy or publicity; or
- incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness (for Zazzle Custom Stamps);
- use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service;
- transfer your Zazzle account to another party without Zazzle's written consent;
- copy, modify or distribute rights or Content from the Site, service or tools or Zazzle's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
You acknowledge that Zazzle does not pre-screen submitted Content, but that Zazzle and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Zazzle may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Zazzle and its designees reserve the right to demand confirmation from you in writing of all rights, authorizations, licenses, permissions, and consents owned or obtained by you (if any) with respect to any Content you upload to or transmit through the Site. If you fail to provide us with satisfactory confirmation upon request, we reserve the right to remove or deny access to any or all of your Content available via the Site and to suspend or terminate your account. Zazzle does not endorse any Content submitted to the Site by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Zazzle expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, Zazzle and its designees shall have the right to remove, without prior notice, any Content that they believe may violate the Agreement, is subject to complaint, or is otherwise objectionable to Zazzle. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Zazzle is a marketplace where:
Content owners/creators ("Designers") may make their content and/or product specifications available for use in connection with the sale of certain products; and
Product manufacturers ("Makers") can offer, sell, and/or fulfill their products to Users of this Site.
To help you distinguish among the different types of transactions available on this Site, Zazzle uses the following labels.
- "Made and Sold by Zazzle": This means Zazzle is both selling the product to you and making it.
- "Made by [Maker] and Sold by Zazzle": This means Zazzle is selling this product, but the product is made by a third party Maker.
- "Made and Sold by [Maker]": This means that an independent Maker is both making the product and selling it to you via the Zazzle Maker Platform. The process for placing an order is the same as for products sold by Zazzle, but Zazzle is only facilitating the transaction. Zazzle has no control over the quality, safety, morality or legality of any aspect of the products sold to you by a Maker, the truth or accuracy of the listings, or the ability of the Maker to sell that product. Zazzle does not pre-screen Makers or the content or information provided by Makers for these products, and cannot ensure that a Maker will actually complete a transaction. Zazzle does not transfer legal ownership of these products from Maker to User, and cannot guarantee the true identity of User. Zazzle encourages you to communicate directly with potential transaction partners through the tools available on the Site. You understand and agree that Zazzle is only a venue for these transactions, and as such, you enter into these transactions at your own risk.
- "Designed by [Designer]": This label informs you of the Designer who has published its designs for use on products sold on the Site. Designers represent that they have the right to publish their designs for use on the products they select, and Zazzle makes no representation as to the truthfulness of any such representations.
You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Zazzle nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Zazzle's production of any product depicting your Content does not indicate that Zazzle approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You agree that you are responsible for actions and communications undertaken under your account. Zazzle takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Zazzle and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Zazzle and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Site and any products and Zazzle Custom Stamps, ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
Trademarks and Copyrights
Zazzle's trademarks, trade dress and product images may not be used in connection with any product or service that does not belong to Zazzle, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zazzle. All other trademarks not owned by Zazzle that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zazzle.
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Zazzle, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Zazzle or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to Zazzle, you grant Zazzle a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, Zazzle grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
Zazzle grants you a non-exclusive, revocable and limited license to use the Content and Zazzle's tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the Zazzle website. We reserve the right to terminate this license at any time.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Zazzle (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Zazzle upon their submission or communication to Zazzle, and you do assign all rights therein to Zazzle and agree that the same will automatically become the property of Zazzle and that Zazzle may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Zazzle may elect, forever.
Intellectual Property Policy
Zazzle respects the intellectual property rights of others. We ask our users to do the same. Zazzle may terminate the accounts of users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Zazzle's Copyright Agent, and provide the following information ("Notice"):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
- a description of the copyrighted work and/or trademark claimed to have been infringed;
- a description of where the claimed infringing Content is located on our Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Please note that this procedure is exclusively for notifying Zazzle that your trademark or copyrighted material has been infringed.
Zazzle's Copyright Agent can be reached at: email@example.com or by telephone at: 800-980-9890.
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT THAT YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
You agree to defend, indemnify and hold Zazzle and Zazzle's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys� fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Zazzle 's express written consent.
You agree that Zazzle, in its sole discretion, may terminate this agreement including but not limited to termination of your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Zazzle may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Zazzle may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Zazzle shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The Site may provide, or third parties may provide, links to other websites or resources. Because Zazzle has no control of such sites and resources, you acknowledge and agree that Zazzle is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Zazzle is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that you will not use any Product ordered from the Site in a way that would be damaging to Zazzle's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product including custom postage ordered from Zazzle, in a public setting, including on the Internet, in a way which disparages Zazzle, Zazzle's board members, employees, shareholders or partners, or the United States Postal Service, Zazzle reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law, and, in the case of Zazzle Custom Stamps, to invalidate your Zazzle Custom Stamps via cancellation of the bar code. If Zazzle Custom Stamps are invalidated, Zazzle's sole and exclusive obligation and your sole and exclusive remedy, if any, shall be a full refund of all fees paid by you.
Pricing, Shipping, and Terms of Sale
Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at Zazzle's discretion. Zazzle may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by Zazzle. Title and risk of loss for all products ordered by you shall pass to you on Zazzle's shipment to the shipping carrier. Purchases are subject to Zazzle's Shipping and Return Policy. Zazzle reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
If you participate as a Designer or Associate (as both terms are defined in the Designer License Agreement), Zazzle will pay accrued earnings in accordance with the following section.
Payments for royalties, referral fees, volume bonus and any other compensation owed to you (collectively hereinafter referred to as "Earnings") will be made within forty-five (45) days of the end of the month subject to the following:
- Zazzle maintains a statement of your Earnings. You may check your statement in the "MyAccount" section of your account.
- Zazzle will pay your Earnings in accordance with the selections you make in the "Payment Settings" page in "MyAccount" and Zazzle makes the following options available:
- payment as soon as you have reached the Payment Thresholds (as defined below) set by Zazzle from time-to-time; or
- have your Earnings held in your account until you choose to have your payment made (after reaching the Payment Threshold set by Zazzle); or
- hold your Earnings in your account to apply toward a purchase on the Site.
- On the Payment Settings page in, you may also choose your method of payment (for example, check or PayPal). Zazzle, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances.
- With respect to referral fees, if Products that generated a referral fee are returned by the customer, we will deduct the corresponding referral fee from your next payment. If there is no subsequent payment, we may send you a bill for the fee, which bill must be paid upon receipt.
- Payments that are made using PayPal will be charged a $2.50 processing fee, if your Earnings are less than the Payment Threshold.
- Payment Thresholds mean $100 for payments by check and $50 for payments using PayPal. The Payment Thresholds are subject to change at any time or from time- to-time, in our sole and absolute discretion. You will be notified of any change in the Payment Thresholds.
- You may request payment of your Earnings even if you have not met the Payment Thresholds, subject to payment of the following processing fees: $5.00 for any check under $100; or $2.50 for any PayPal transaction under $50. Payment will be made within 45 days (collectively "Processing Fees").
- If Zazzle owes you any compensation as of June 30th each year, then Zazzle may send you payment of such accrued Earnings (generally on or about August 15th for the 12-month period ending June 30th) even if you have not reached the Payment Thresholds or have chosen to have your payment held. Such annual payments will be subject to the Processing Fees set forth above. If your Earnings are less than the applicable Processing Fee, you will not receive a payment.
- Zazzle will withhold taxes from international payments that are due if Designers do not provide us with relevant documentation such as the W8-BEN form.
- In the event that a check sent to the address listed as the payee address in your account is returned as undeliverable, Zazzle may withhold further payments until you have corrected or updated your address.
- In the event that an order for which you were paid Earnings is either cancelled, returned or refunded for any reason, Zazzle will deduct the relevant amount from your Earnings.
Zazzle attempts to be as accurate as possible to provide a compelling user experience. There are many Designers on the Site and Zazzle does not verify the accuracy of their product descriptions. Zazzle does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Zazzle is not as described, your sole remedy is to return it pursuant to Zazzle's Shipping and Return Policy.
Zazzle prides itself on its relationships with charitable organizations and is pleased that its platform has proven to be an effective fundraising tool for many organizations. From time-to-time, Zazzle participates in specific programs designed to assist charitable organizations to raise funds for their causes. Whenever Zazzle announces these fundraising efforts, you can be assured that Zazzle will ensure that funds will be remitted to the charitable organization as disclosed in such announcements. From time-to-time, Designers may state they intend to donate their royalties or other sums to charities. Zazzle is unable to verify such statements, so please use caution when relying on them.
Zazzle may introduce programs, features and products. At the time of release, Zazzle will publish the governing terms and conditions. You agree that you will be subject to such new terms and conditions to the extent that you participate in such new programs or use such new products.
Age and Geographic Restrictions
You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.
Zazzle only accepts orders for Zazzle Custom Stamps that are shipped to locations within the United States of America and its territories.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
You agree that Zazzle can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.
Correction of Errors and Inaccuracies
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our partners, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you . If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.
Reviews, Comments and Submissions
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZAZZLE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZAZZLE DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR (E) THERE WILL BE NO UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. YOU AGREE THAT ZAZZLE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT ZAZZLE DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ZAZZLE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ZAZZLE MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZAZZLE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL ZAZZLE OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ZAZZLE OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZAZZLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT ZAZZLE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Dispute Resolution and Release
These terms and conditions and your relationship with Zazzle shall be governed by and construed in accordance with the laws of the state of California, without resort to its conflict of law provisions. Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential binding arbitration in the City of San Mateo, Northern California for the maximum judgment enforceable, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under this Agreement shall be conducted pursuant to the existing Commercial Arbitration Rules at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration we each waive any right to a jury trial.
You and Zazzle agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, Northern California.
If you have a dispute with one or more users or Designers you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
If you are using Zazzle Embroidery, your use of this Site is also subject to the terms and conditions set forth in this Section.
You agree to follow the restrictions below in order to purchase items through Zazzle Embroidery or to create any public Zazzle Embroidery products for sale in the Zazzle marketplace. If you want your Content to be embroidered on a product and you do not upload the stitch file to this Site, Zazzle will calculate the price to convert your Content to a stitch file and notify you of the price. For the stated fees, you can then order the stitch file and create a product with the stitch file. If you create a public embroidery product for sale in the marketplace, the product will be published on the Site at the time the stitch file is completed (typically within 24-48 hours but it may be longer). Conversion of your Content to a stitch file is subject to a one-time stitch file conversion fee except that you must pay an additional one time stitch file conversion fee for any resizing of the stitch file.
Zazzle Custom Stamps
If you are using Zazzle Custom Stamps, your use of this Site is also subject to the terms and conditions set forth in this Section.
You agree to follow the restrictions below in order to purchase Zazzle Custom Stamps or to create any public Zazzle Custom Stamps for sale in the Zazzle marketplace and to follow all laws and regulations applicable to United States postage.
You will not assert or suggest in any way that any Zazzle Custom Stamps created by you or any other user has been approved by us or by any other person or entity. In designing or creating any Zazzle Custom Stamps customized postage, you will not use any Content or design element that Zazzle, in its sole judgment and discretion, believes would be controversial or offensive, would subject Zazzle to legal liability, or would cause damage to Zazzle's public reputation or business.
You acknowledge and agree that Zazzle may terminate the Zazzle Custom Stamps service at any time. Any information or Content that you provide through Zazzle Custom Stamps may be provided to Zazzle's licensors and to the United States Postal Service for postage verification purposes.
You acknowledge, agree, and warrant you understand that the Content and design elements of your Zazzle Custom Stamps are not approved or endorsed in any way by the United States Postal Service, and that you will not make promotional references to Zazzle Custom Stamps as "stamps" or "Custom Postage." Zazzle Custom Stamps are valid postage for mailing, but the images are not reviewed or approved by the United States Postal Service. Therefore, you agree to not make any representations which could cause a reasonable person to believe that the Content and design elements included in your Zazzle Custom Stamps are provided, approved, or endorsed by the United States Postal Service.
If Zazzle finds that a postage design in your order is inappropriate, Zazzle will send you an email to notify you that your design has been rejected and that your order has been cancelled. Your design will be deleted from your "Private Products" section, but any images used in the design will remain in your "Image Gallery" for your future use.
A special note about Zazzle Custom Stamps for Business
Zazzle Custom Stamps for Business are a great way for businesses large and small to grow their brand and communicate with customers in a creative and brand conscious manner. Business logos, website addresses, or company names and addresses are all appropriate material for Zazzle Custom Stamps for Businesses.
Promotional messaging is not appropriate and not permitted for Zazzle Custom Stamps for Business, and will not be approved for printing. Examples of promotional messaging include "Buy one, get one free" or "10% off sale" or other similar announcement messaging, including specific pricing information for a product for sale.
It is also inappropriate and not permitted to use Zazzle Custom Stamps for Business as a coupon. Examples of coupon messages are "One free with this ZazzleCustomStamp" or "Present this ZazzleCustomStamp for 10% off".
In addition, Zazzle Custom Stamps for Business are not available for advertising related to the following industries:
- Alcohol and Tobacco;
- Any industry related to human sexual activity, or products, services or entertainment directed to sexual stimulation.
If you have any questions about these Zazzle Custom Stamp guidelines, please don't hesitate to contact Zazzle. We are happy to answer any questions you may have, and are available to provide guidance and support as you create your special products.
Death or Incapacity
In the unfortunate event that a member of our Maker and Designer community who is a natural person dies or becomes permanently incapacitated, Zazzle will take all necessary steps to work with their successors and assigns. However, Zazzle will need the following documentation from such deceased or incapacitated community member's successors, assigns or their legal representatives for verification purposes:
- Death Certificate
- Proof of Succession
- Power of Attorney
In cases of membes that are entities and if such entities cease to exist on account of dissolution, winding up, appointment of a receiver or bankruptcy, we will require the following documentary evidence:
- Appointment of a receiver
- Bankruptcy proceedings
- Winding up proceedings
Please notify us as soon as possible should you become aware of the death, incapacitation, dissolution, winding up or bankruptcy of a Maker or Designer member of our community.
Our community is the most important part of Zazzle. All registered members are part of our community and we value everyone. Zazzle has established multiple ways for members to interact with one another on the Site, including but not limited to forums, our blog and other social media channels. Please remember that these are public spaces, so use common sense when sharing personal information. Zazzle's role is to facilitate open discussion and support our community through constructive communication. We have some general rules for community conduct, and some spaces have additional rules.
- Treat one another with respect. There is a real person behind each name.
- Harassing, insulting, embarrassing or abusing other members is unacceptable.
- The community spaces are not the appropriate channel to express disputes with others.
- Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact Zazzle privately if you need help with a transaction.
- Do not publicly post another person's private information without their explicit consent (for example: email, conversations, letters, phone numbers, addresses or full names).
Violating community policies may result in suspension or termination of certain privileges including account termination.
- No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
- Zazzle may assign its rights and responsibilities hereunder without notice to you.
- These terms and conditions will inure to the benefit of Zazzle's successors, assigns and licensees.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.
- Zazzle's failure to act with respect to a breach by you or others does not waive Zazzle's right to act with respect to subsequent or similar breaches.
- These terms and conditions may not be modified by you.
- The following Sections survive any termination of this Agreement: Intellectual Property Policy, Proprietary Rights, Pricing, Shipping and Terms of Sale, Disclaimer of Warranties, Limitation of Liability, Indemnity, Release and General.
- Zazzle will attempt to notify you when major changes are made to this User Agreement but you should periodically review the most up-to-date version at www.zazzle.com/useragreement. Zazzle may, in its sole discretion, modify or revise these Terms and the associated policies at any time, and you agree to be bound by such modifications or revisions.
- Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.
- Zazzle does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Zazzle's control.
- You agree that Zazzle is a platform and as such is not responsible or liable for any Content.
- You use the Site at your own risk.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
1800 Seaport Blvd
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.