Coastermatic Terms + Conditions
By visiting coastermatic.com, you are consenting to our terms and conditions.
The terms "we", "us", “our” and "Coastermatic" refer to Coastermatic Inc. The term the “Site” refers to coastermatic.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Coastermatic provides a service where users can print their Instagram™ photos onto coasters (the “Service”).
Use of coastermatic.com, including all materials presented herein and all online services provided by Coastermatic Inc., is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. If you are at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by our Terms and Conditions. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, please be advised that you are responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. Children under the age of 13 are prohibited from using the Site.
In order to use the Service, you are required to provide information about yourself including the username and password to your Instagram™ account. You agree that any registration information you give to Coastermatic will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).
Refusal of Service
The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you twice after your order is placed. The first email is to confirm the placement of your order and the second email is to confirm the processing of your payment and provide you with an estimate of delivery time. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Cancellations, Refunds & Returns
Coastermatic does not accept returns or offer refunds under any circumstances. Coastermatic does not accept cancellations once your order is placed. However, in the event that you contact us to cancel your order before you receive the second confirmation email notifying you that your credit card has been charged and your order has been processed, we may be able to cancel your order as a courtesy.
Risk of Loss
Title to the products in your order pass to you when we deliver your order to our shipping carrier. The risk of loss including damages and lost shipments pass to you once we deliver your order to our shipping carrier. Coastermatic is not responsible for damaged products. International shipments cannot be tracked. Therefore, Coastermatic provides no guarantees for international shipments.
Intellectual Property Rights to Your Materials
We use materials supplied by users to provide our Service. We claim no intellectual property rights over the material you supply to Coastermatic. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to Coastermatic, remains yours to the extent that you have any legal claims therein. By submitting an order, you agree to hold Coastermatic harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement.
You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
We endeavor to describe and display our product as accurately as possible. We can’t promise that the colors and resolution of the coaster prints will be completely accurate. While we try to be as clear as possible in explaining our product, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and merchandise descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Our Intellectual Property
The Site contains intellectual property owned by Coastermatic Inc., including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content, in whole or in part without our prior written consent.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to order, purchase and distribute the merchandise with the Materials specified on the order, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Trademark and Copyright Notification Process
It is Coastermatic's policy to respond to notices of alleged trademark or copyright infringement that comply with applicable intellectual property law. Be aware that if you materially misrepresent that a product or activity is infringing on your intellectual property rights, you may be liable for any damages (including costs and attorney fees). If you are not sure whether material available online infringes your copyright, we recommend that you first contact an attorney. Trademark and copyright infringement notices may be sent to firstname.lastname@example.org.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Coastermatic is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Coastermatic has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Coastermatic’s cumulative liability to you exceed the total purchase price of products you have purchased from Coastermatic in the last 90 days.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Coastermatic. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or transmission by you through the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Modification; Waiver
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be delivered via regular mail or email to:
217 W. 18th Street #104
New York, NY 10113
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Kings County, New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Entire Agreement and Amendments
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Date: April 2013