FigurePrints® Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you use the services provided to you by FigurePrints® LLC, (“FigurePrints”) provided through www.FigurePrints.com (“the Service” or “the Site”).
FigurePrints may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by FigurePrints will be prospective only. You should periodically check this page to ensure that you understand the current Terms.
By entering and using the Site or the Service, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and FigurePrints that you will use the Site and the Service only in a manner consistent with these Terms. If you do not agree with these Terms, please select “I do not agree” below, and discontinue your use of the Site and the Service.
You must be at least 13 years of age to use the Site or the Service. If you are under the age of 18, you must have the permission of a parent or guardian to use the Site or the Services.
2. Trademarks. All brand, product and service names used in the Site and Service which identify FigurePrints, Blizzard Entertainment, Inc. (“Blizzard”), “Warcraft,” “World of Warcraft,” “World of Warcraft: The Burning Crusade”, “World of Warcraft: Cataclysm”, (collectively, “Warcraft”), Microsoft Corporation (“Microsoft”), Xbox, Xbox 360, Xbox LIVE, (collectively, “Xbox”) or third parties and their products and services are proprietary marks of FigurePrints, Blizzard, Microsoft, and/or the relevant third parties. Nothing in the Site or the Service shall be deemed to confer on any person any license or right on the part of FigurePrints, Blizzard, Microsoft, or any third party with respect to any such image, logo or name.
3. Conduct. You agree that you will use the Site and the Service in compliance with all applicable local, state, national and international laws, rules and regulations. You agree not to use the Site or the Service:
You further agree that you shall not:
4. Eligibility. You must be at least 13 years of age to use the Site or the Service. If you are under the age of 18, you must have your parent’s permission to use the Site or the Service. You or your parent agree(s) that any information that you provide to us will be true, accurate, current and complete. This is especially important with respect to your email address, because that is the primary way in which we will communicate with you about your orders. Your failure to supply accurate information shall constitute a material breach of these Terms.
5. Pricing and Product Information. All prices are stated in U.S. dollars or Euros and are valid until altered by us.
Prices do not include delivery charges or any import duties that may be added by the order destination country.
Postage will be added to your order during the checkout process. FigurePrints makes every effort to provide current and accurate
information about products, services and prices but we do not guarantee the accuracy of such information.
Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order.
In the event that you order products and the price published on the Service was incorrect, FigurePrints will contact you to let you
know the correct price and ask you whether you still wish FigurePrints to fulfill your order at the correct price.
Any dates specified for delivery of any products are intended to be an estimate only.
6. Quality of Products; Right to Alter. FigurePrints is committed to producing quality three-dimensional prints of characters that you design on the Site. Due to technological limitations, your ordered product may not be an exact representation of the character you design. Although FigurePrints will use reasonable efforts to make an accurate representation, FigurePrints reserves the right to make such alterations as it deems necessary to fulfill your order. By using the Site and the Service, you grant to FigurePrints permission to make such alterations to your designed character as FigurePrints deems appropriate, in its sole discretion, to fulfill your order.
7. Return Policy. FigurePrints does not guarantee that your product will be an exact representation
of your designed character, and we will accept no returns due to our failure to perfectly represent your designed character.
You may return any item which was mistakenly shipped or which was damaged during shipping within 30 days of receipt.
Upon return of your product in accordance with these Terms, FigurePrints will offer to either refund your money or replace your product, at its sole option.
All products are shipped with tamper-proof labeling. By removing or tampering with the tamper-proof labeling, you violate these Terms, and forfeit any right to a refund or replacement.
8. Monitoring of Content. FigurePrints has the sole discretion to determine whether any designed character violates these Terms, and any character designed on the Site may be subject to examination from time to time. Notwithstanding the above, FigurePrints has no obligation to monitor any designed characters. Although FigurePrints does not and will not examine or otherwise review all characters designed on the Site, FigurePrints may delete or alter any character for any reason, at any time, without notice, or refuse to complete an order if the designed character is deemed by FigurePrints to violate these Terms. You acknowledge that you are solely responsible for all content you design on the Site.
9. Formation of a Binding Contract. No contract will exist between you and FigurePrints for the supply of any services or products unless and until FigurePrints accepts your order by a confirmatory e-mail or other appropriate means of communication.
10. Copyright. FigurePrints is, unless otherwise stated, the owner or licensee of all copyright and database rights in the Site, the Service and their contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set forth herein.
11. Acknowledgement of no Copyrights. You acknowledge that you have no ownership rights or copyright claims in and to the characters you design on the Site. All designed characters become the property of FigurePrints or Blizzard or Microsoft, as the case may be, and may be used by them for commercial purposes without need for your authorization. These terms shall be deemed your express authorization.
12. Disclaimer of Warranty and Limitation of Liability.
THE SERVICE, THE SITE, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
TO THE FULLEST EXTENT PERMITTED BY LAW, FIGUREPRINTS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES
OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS
ON THIS SITE.
YOU UNDERSTAND AND AGREE THAT THE USE OF THE FIGUREPRINTS SITE, AND THE DESIGN OR ORDER OF ANY CHARACTERS
THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY
RESULT FROM THE DESIGN OR ORDER OF ANY CHARACTERS. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF
YOUR DIGITAL CONTENT. IN THE EVENT OF ANY MISTAKE BY FIGUREPRINTS, SUCH AS THE SHIPMENT OF A DEFECTIVE
PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY, AS SET FORTH IN SECTION 7.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT
OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR
FACILITATED BY THE SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE
OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER
MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF FIGUREPRINTS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, FIGUREPRINTS’ LIABILITY IS LIMITED AND WARRANTIES ARE
EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.
13. Indemnification. You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless FigurePrints, Blizzard, Microsoft, and any of our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Site and the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) material that you design and order through the Site and the Service, (b) any violation of these Terms of Service or (c) any violation of any rights of a third party.
14. Suspension of Access. You agree that FigurePrints may at any time without notice:
15. Applicable Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Washington. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Washington.
16. Miscellaneous. If any provision of these Terms shall be 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. These Terms are the complete and exclusive statement of the agreement between you and FigurePrints concerning the Site and the Service, and these Terms supersede any prior or contemporaneous agreement, either oral or written, and any other communication with regard thereto between you and FigurePrints. The section headings used herein are for convenience only, and shall not be read to have any legal effect.