Your Expressions, Inc. Terms of Service
Effective as of November 15, 2016
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE Your Expressions APPLICATION AND ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, you may not access or use the SERVICES PROVIDED BY US.
The Terms of Service (the “Terms”) apply when you view or use Your Expressions, Inc.’s (“Your Expressions”, “we”, “our” or “us”) websites located at www.yourexpressions.net www.3dpixieapp.com (the “Websites” and each a "Website") or by accessing our mobile application called 3D Pixie (the “App”) on your mobile device. The Website, the App and any feature, content, tool and service accessible through the Website or App are collectively referred to as the “Service.”
ABOUT THE SERVICE
The Service allows the users to design unique pieces of personalized jewelry on their mobile devices and have the 3D printed pieces (the “Products”) mailed to them.
Subject to the terms, conditions and limitations set forth in these Terms, Your Expressions hereby grants you a non-exclusive, non-transferable and revocable license to access and use the Service for your personal, non-commercial use only, except as otherwise specifically permitted under a written agreement entered into with Your Expressions. This license does not allow you to use the App on any mobile device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Service). You may not remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the App or the Website. Any attempt to do so is a violation of our rights. If you breach any of the foregoing restrictions your right to use the Services will immediately cease, you will have violated our rights and may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
USER OBLIGATIONS AND LIMITATIONS
Using the App you will be asked to provide personal information, such as name address and contact information, so that we can communicate with you and ship any products you purchased to you. In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted during the checkout process of the Service ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Your Expressions, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to Your Expressions.
You may not use the Service if you are less than 13 years of age. If you are under the age of 18 you may not use the Service without involvement and consent of your parent or guardian.
You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.
Your Expressions is under no obligation to retain a record of your Registration Data or any data or information that you may have stored by means of the account or your use of the Application and Services. You are under no obligation to use or continue to use the App or Services and may cease use of the App or Services without notice to Your Expressions.
CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS
You agree that Your Expressions may collect and use technical data, personal information and related information in connection with your use of the Application including, but not limited to, contact information and technical information about your use, the device, system, software, and peripherals, that are gathered to analyze the use, features and functionality of the App and to facilitate the provision of software updates, product support and other services related to the App. Your Expressions is also authorized to contact you about our Services through the App or by using the contact information provided by you.
PRODUCT DESCRIPTIONS, RETURNS, REFUNDS
Your Expressions attempts to be as accurate as possible when describing the Products marketed and provided in the App. However, Your Expressions does not warrant that the Service or the Products are complete, reliable, current or error-free. Given the nature of the Products as unique and personalized items created by you, we cannot accept returns or refund the purchase price even if the item is not to your satisfaction. You have no right to a refund from us. However, if you have reason to believe that a Product you purchased through the Service is defective or does not meet the claims advertised within the Service your sole remedy is to contact us immediately at email@example.com, and in any case no later than two weeks after receipt of the Product. We will make a determination as to the merits of your claim in our sole discretion. We may in our sole discretion send a replacement item, grant store credit or refund the purchase price of the Product or a portion thereof.
ORDER PROCESSING AND SHIPPING
Your Expressions will make reasonable efforts to manufacture and ship the personalized Products you designed and purchased in the App to you as soon as possible. However, the fact that the Products are all unique and need to be manufactured after the order is processed requires a significant processing time. Other factors, such as heightened order volume or solving technical difficulties processing your order may also require additional time before the item can be shipped. Order processing is estimated to take about 21 days. Orders will be processed in the order received. Actual shipping times vary depending on where the Products are shipped to. We use FedEx, UPS and USPS and other providers for shipments. Your Expressions does ship internationally with a few exceptions. You are responsible for any VAT, tariff, duty, taxes, handling fees, customs clearance charges, etc. required by your country for importing consumer goods. We do not collect this beforehand, and cannot give you an estimate of the cost, because it varies widely around the world.
PAYMENT FOR PRODUCTS
In connection with your payment for Products within the App, you acknowledge that: (a) Your Expressions is using a third party payment service that is integrated into the App, (b) applicable sales tax for the Products may separately be displayed and added in the shopping cart section of the App; and (c) sales tax may be owed by you in accordance with applicable laws, even if it is not displayed in the shopping cart section of the App and not charged during the checkout process.
When you make a purchase within the App you are representing to us that: (i) any credit card information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you, including any applicable taxes, and (iv) that you agree to any additional terms of the third party payment service.
Third Party Content
Your Expressions may display, include or make available content, data, information, applications or materials from third parties (collectively the "Third Party Content"). Your Expressions does not control, warrant, endorse or adopt any Third Party Content and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Part Content, or web sites, or for any other materials, products, or services of third parties. You acknowledge and agree that Your Expressions is not responsible or liable in any manner for any Third Party Content and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Users use such Third Party Content contained therein at their own risk.
You understand that by using any of the Services or Third Party Content, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that Your Expressions shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
COMPATIBILITY WITH MOBILE DEVICES
Your Expressions does not warrant that the App will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
You acknowledge and understand that the Service requires and utilizes mobile phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.
When you use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or through the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
Your Expressions, the Your Expressions logos and any other product or service name or slogan contained in the Website and App are trademarks of Your Expressions and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Your Expressions or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Your Expressions" or any other name, trademark or product or service name of Your Expressions without our prior written permission. In addition, the look and feel of the Website and the App, including all page headers, custom graphics, button icons and scripts, is intellectual property of Your Expressions and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website or in the App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the App, whether in whole or in part, or create any derivative works from or of the App.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND PRODUCTS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND YOUR EXPRESSIONS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND PRODUCTS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOUR EXPRESSIONS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SERVICES AND PRODUCTS, THAT THE FUNCTIONS CONTAINED THEREIN, OR SERVICES AND PRODUCTS PERFORMED OR PROVIDED WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YOUR EXPRESSIONS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL YOUR EXPRESSIONS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF YOUR EXPRESSIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Your Expressions’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree, at your sole expense, to defend, indemnify and hold Your Expressions, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to your conduct, your violation of the Terms, or your violation of the rights of any third-party.
The Terms are effective until terminated by you or Your Expressions. Your rights under these Terms will terminate automatically without notice from Your Expressions if you fail to comply with any of the terms herein. Upon termination of the license, you shall cease all use of the Services, and destroy all copies, full or partial, of the App.
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
U.S. Government Rights
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
GOVERNING LAW AND VENUE
The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Services. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
With questions about these Terms you may contact Your Expressions at the following email address: firstname.lastname@example.org.
Your Expressions, Inc.
1714 Stockton St, #214
San Francisco, CA 94133