TERMS OF USE
1. ACCEPTANCE OF TERMS
uberButtons, LLC, a Florida limited liability company (hereinafter referred to as “UberButtons”), makes this website, www.UberButtons.com (the “Site”), including all information, files, images, text, graphics, software, promotional products and services available through the site (collectively, the “Materials”) and all services operated by UberButtons through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that UberButtons may publish from time to time (collectively, the “Terms of Use” or “Agreement”). “UberButtons Content” as used in this Agreement means all Materials and Services provided by UberButtons, LLC through this Site.
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, placing of any orders, or merely browsing the Site, you agree to and are bound by the Terms of Use. A “Customer” as used in this Agreement refers to you if you place an order through the Site for any of the promotional items available on the Site.
UberButtons reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, whether to place an order or otherwise, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.
2. SCOPE
UberButtons offers its services in connection with a variety of promotional item. The services offered through this Site may apply primarily to one or some of these promotional items. Likewise, the terms and conditions in this Agreement may be more applicable to some of UberButtons’s promotional items. For example, UberButtons offers an automated ordering system for placing button orders. Some of the terms outlined in this Agreement apply specifically to this automated system, while other terms are more general and apply to all of UberButtons’s ordering methods and online services. For services that are not fully automated, UberButtons will design a proof based on your negotiation with UberButtons, which it will send to you for your final approval before UberButtons completes the order.
3. AGE
You may not use this Site if you are under the age of 13.
4. INTELLECTUAL PROPERTY OWNERSHIP; LIMITED LICENSE TO USERS
You retain all of Your ownership rights, including all copyright and other intellectual property rights, in the Artwork you submit to the Website
By uploading Artwork to the Website, You grant UberButtons.com a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission (and derivative works thereof) in any media now known or hereafter developed, and further agree that UberButtons.com may: (i) display your Artwork on the Website and in magazines, television shows, movies, on the Internet, and other media; (ii) sell Your Artwork; and (iii) make modifications to your Artwork as necessary to prepare your Artwork for use in a particular product category or for other manufacturing purposes. In addition, you represent that UberButtons.com may legally make and sell merchandise incorporating Your Artwork without being obligated to make any payments to, or obtain any permission from, any third party.
You may request deletion of your Artwork from the Website at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Website. Upon the removal of Artwork by UberButtons.com (by emailing support@UberButtons.com), the licenses above will terminate, except that, to the extent any Artwork has been incorporated into merchandise purchased and/or manufactured by UberButtons.com prior to Your removal, UberButtons.com may sell-through all such merchandise until it is depleted. UberButtons.com may also continue to use your Artwork in marketing and promotional materials if such materials were created prior to Your removal of the Artwork from the Website.
When submitting orders, you may have the ability to upload your design, logo, trademark or other such content to be placed on the promotional items. The intellectual property ownership of all such customer-submitted content will remain yours. UberButtons will claim no rights to your logo, design, slogan, trademark or any other content that you submit with your order. In the event that UberButtons is tasked with the designing of any of the content, UberButtons will be the intellectual property owner of all such content it creates on behalf of its customers, and unless otherwise agreed upon between the parties, UberButtons shall have the right to reuse any such content in the satisfaction of any other order.
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, UberButtons does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, distribute, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
5. TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on this Site, including the UberButtons trademark, are the property of UberButtons or other third parties. You are not permitted to use the Marks without the prior written consent of UberButtons or such third party that may own the Marks.
6. THIRD PARTY MATERIALS
In addition to the Materials and Services offered by UberButtons, this Site may also present the works and designs of customers who have permitted us to present their works on the Site. You agree to respect such intellectual property, to refrain from copyright infringement and to avoid copying our customers’ designs and logos.
7. PERMITTED USES
Except as expressly indicated to the contrary elsewhere on this Site, you may view and use the UberButtons Content available on this Site, and to place orders through the Site, subject to the following conditions:
1. UberButtons reserves the right to revoke the authorization to view, and use the content on UberButtons and to place orders through it, and any such use shall be discontinued immediately upon notice from UberButtons.
2. The rights granted to you constitute a license and not a transfer of title.
8. USER ACCOUNTS
Your access to ordering services and certain content is password protected. In creating the User Account you agree to supply us only with accurate and truthful information. We advise that you do not disclose your password to anyone. In addition, we recommend you sign out of password-protected areas at the end of your session. You are responsible for all actions taken with your login name and password, including any orders placed or approved through your User Account. Your user password should be held in strict confidence. If you lose control of your password, you may lose substantial control over your account. Therefore, if your password has been compromised for any reason, you should immediately change your password. UberButtons offers you the ability to review and change the information you submit by logging into the Site. Once logged in as a registered user, you can change your password and user preferences. Please contact us at support@uberbuttons.com if you are unable to change your password. We will not be liable for any orders placed, loss or damage arising from your failure to comply with this provision.
9. PROHIBITED SLOGANS, LOGOS, DESIGNS AND CONTENT
For some of the promotional products offered by UberButtons, you will have the ability to upload a proposed image, slogan, logo or design (referred to herein as “User Content”) through the Site. You may submit only customer-submitted content (to be placed on the promotional products) that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from placing orders that if fulfilled will be unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic. You are prohibited from submitting User Content that contains falsehoods or misrepresentations that could damage use or any third party. Likewise, you are prohibited from placing orders and submitting customer-submitted content to be placed on the promotional items that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, trade secret protection, and rights of privacy and publicity. Violation of these restrictions may result in an order refusal by UberButtons and may cause UberButtons to limit your access to this Site.
10. MANAGING ORDER CONTENT
UberButtons reserves the right, in its sole discretion, to refuse any order because of the content submitted as part of the order, or for any other reason. We shall have the sole discretion in determining the appropriateness of any User Content and shall have the absolute right to remove or refuse orders containing content we determine is inappropriate for any reason. If any such content is made available on the Site, UberButtons reserves the right to remove any offensive or inappropriate content on the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. UberButtons may, but is not obligated to, monitor or review any submissions made in connection with an order. To the maximum extent permitted by law, UberButtons will have no liability related to the content you submit in connection with a particular order. It is your sole responsibility to ensure that your order, and the content that is submitted with it, complies with relevant law and regulations. UberButtons disclaims all liability with respect to the use or misuse of any items it produces. Please note that User Content does not reflect our opinions or policies, and we make absolutely no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content or any user submitted materials.
11. USER CONDUCT
In using the Site, including all Services and Materials available through it, and when placing orders through the Site you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or to interfere with any other user’s order on the Site; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account or password without authorization from UberButtons; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site. We likewise reserve the right to investigate and take legal action against anyone who, in our sole discretion, violates this Agreement or any law or regulation, or anyone who engages in any prohibited activity as determined by in our sole discretion.
12. PRICING, SHIPPING, AND TERMS OF SALE
Price and shipping terms are described either on the Site or in email sent to you by UberButtons, and all such terms are incorporated by reference into this Agreement. All prices are in US dollars. UberButtons reserves the right to change the prices or any of the products or services available on the Site. UberButtons reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify you that the order has been canceled. Price matching is only for same products, services, and turnaround.
13. ORDERING TERMS AND CONDITIONS
The following are terms and conditions applicable to your orders. These terms are in addition to any other terms and conditions provided to you by UberButtons. All payments are due at time of order. In the event of error, however, orders may be placed over the phone or email, in which case payments will be due over the phone or email at the time of order. If you select PayPal as your form of payment or do not process payment at the time of order, you may be extended a limited line of credit based on the following terms. A credit check may or may not be performed based upon information submitted with your order profile, and an appropriate limited line of credit may or may not be established at our sole discretion. Please note that we will not run a credit check without obtaining your prior consent. In the event that you authorize us to conduct a credit check, you will be charged an administrative fee of $40. We will notify you when your account is approved, generally within one (1) business day from when you submitted your order. In the event that you do not meet our minimum credit requirements, there may be other options available to you. Our Sales or Customer Service Representative will contact you to discuss those options.
All payments are due 15 days from the date of invoice. You will be invoiced immediately upon receipt of your order.
If you have an existing account, there are conditions under which your account may be placed on credit hold:
1. If your account is over 30 days past due
2. If a check is returned for Non Sufficient Funds
3. In the event of a debt being turned over to third party collections
4. If the combined amount of multiple orders exceeds your approved credit limit
You authorize us to investigate your credit history and you understand that we may also utilize other sources of credit that we consider necessary. Such information will be held in strictest confidence. You agree to indemnify and hold us or any other person harmless from all liability, damage, or expense arising from or relating to any and all credit investigation. You understand that the findings of this investigation may not necessarily result in an approved line of credit, and may result in deposit, prepayment, or further security demand, or even termination, regardless of activity status.
You agree to pay the sales tax or other taxes imposed on the sale of goods or provide acceptable tax exemption certificate. Additional freight charges billed us due to audits per ICC regulations will be billed to you promptly.
In all cases where we have a check returned for Non Sufficient Funds we will assess a $50.00 fee.
A 1.5% monthly finance charge or the maximum permitted by law may be assessed against all accounts with past due balances. You agree to pay all of our reasonable attorney’s fees and all collection agency fees incurred in the collection of any amount owed thereunder and not paid when due.
We shall not be accountable for delays in delivery occasioned by acts of God or other circumstances over which we have no direct control. Factory shipment or delivery dates are the best estimates not guarantees, and in no case shall we be liable for any consequential or special damages arising from any delay in delivery even if you notified us of your special or unique circumstances.
Please note that all goods become your property at the time it is accepted by the carrier. Should the goods be damaged, stolen or lost after the time that the carrier accepts the goods, such loss will borne entirely by you. We are not responsible for any occurrences that take place beyond the time of acceptance by the carrier.
The invoice is a conditional acceptance by us of your offer to purchase our goods. The invoice may contain terms, which differ from or add to those contained in your purchase order, and to the extent that this is the case, we hereby expressly condition our acceptance of your offer on your assent to the additional or different terms. Your receipt and retention of the goods covered by the invoice shall constitute acceptance of any such additional or different terms.
14. Shipments
Providing correct shipping information. Your order will be produced and shipped within 5 days business days of design approval. We cannot be held responsible for delays in shipping caused by Natural disasters, Weather Conditions, inaccurate address information, International Holidays, U.S. Customs procedures, the misrouting of your package by FedEx, UPS, or undeliverable shipping addresses.
Undeliverable or Inaccurate Shipping Addresses: If the address provided and approved is deemed undeliverable or inaccurate you will be responsible for any additional shipping fees to reroute this package to the correct location per the carriers list rates.
Failed Delivery Attempts: In most cases our shipper will make 3 attempts to deliver your package. If all delivery attempts fail the product will be returned to our company. You the customer agrees to pay for all shipping cost related to this order including any return charges that may occur. Shipment sent back to Seller does not constitute the right to any refund or credit. If a second shipment needs to be made the shipping costs must be paid by you the receiver
REFUSED SHIPMENTS: Due to the custom nature any refused shipment sent back to Seller does not constitute the right to any refund or credit. Any custom product that UberButtons ships out to a customer comes back to UberButtons as refused delivery, Customer will be subject to additional fees. Shipping fees receiving the package back from the Customer will also be charged
15. Order Changes, Deposits, Cancellations and Refunds
ALL SALES ARE FINAL. Due to the custom nature of the Custom Products we manufacture, all sales and orders placed are final. Once an order has been placed, it may not be canceled for any reason. UberButtons.com does not issue refunds. Returns are only accepted with an RMA. As mentioned previously, we will replace any custom product we manufacture or sell that contains defects in materials or workmanship.
Refunds due to customer errors will not be issued. Such errors include, but are not limited to, Approvals, typos, buyers remorse, incorrect file submission in accordance with our specifications, requesting to pick up from location and not doing so, duplicate orders, misunderstandings of turnaround time stated on any of our pages, slight color variances within industry standards, disregard for cutting and folding tolerances within stated limits on the Site, undeliverable packages/3rd delivery attempts and orders returned without a Return Merchandise Authorization. Other errors that customers are responsible for include blank submissions, borders incorrect image orientation, crop marks, hard to read text and images, missing logos, mini images, images that are not full bleed, colors that are out of gamut, designs that are outside of our stated safe zone and pixelated files.
16. Non Refundable Deposits
Due to the custom nature of the Custom Products we manufacture some items requested may require a non refundable deposit up to 50% of the purchase price for the cost to acquire certain goods or services needed to complete your order. If the order is cancelled, or if the Customer does not make the additional payments when they are due, UberButtons will retain the deposit. The final payment of the balance of the price of the item is due 1 week prior to delivery.
17. Inspection
We inspect only designs and artwork (User Content) submitted in connection with button orders to ensure they image quality and that they meet the specific requirements for applying your design to the ordered buttons. If minor modifications are required, we will make these free of charge. For significant modifications that exceed 10 minutes of our time, we provide art and design services at $30.00 per half hour.
18. Order Proofing, Approvals, and Changes.
All design proofs will be made available online via a secure link that is automatically sent to you. You can at that time Approve designs for production, Request Changes, and or Upload New Artwork. We do not accept changes via Email, Fax, or Phone as it must be stated within the proofing area orresponding to the specific design. Once your proof has been approved it may not be changed for any reason.
19. Taxes
Any tax, duty, custom or other fee of any nature imposed upon the products, their sale, transportation, delivery, use or consumption shall be paid by you in addition to the price quoted or invoiced. If we are required to prepay any such tax or fee, you agree to reimburse us. You must provide us with a resale/exemption certificate in order to avoid the withholding of applicable taxes. No refund or adjustment to previously withheld taxes will be made by us sixty (60) days after the invoice date. Proof of certification should be faxed to us.
20. Over-runs/Under-runs
Although we do what we can to avoid them, in certain instances you may receive an overage or a shortage on your order. Due to manufacturing quality and production standards there may be over runs and occasionally under runs. The industry standard on most products is ± 10%.
21. Acceptance
By submitting a purchase order, phone order, email order, or web order through our Site you agree to all the ordering terms and conditions. By merely browsing the Site or using any of the features on it you agree to the Terms of Use, and Privacy Policy.
We will replace (at no additional charge to you) any products purchased through the Site that are found to have significant defects in materials or workmanship.
Prior to starting production, you will receive an email with a link to the digital proof of your custom product. This proof is a digital representation of the final product. This is to allow you to make any necessary changes or corrections prior to starting production. Prior to production, you have to Approve the design or Request Changes directly in the Order Proofing Area. We do not accept emails for Approval or Changes and must be done through your account only.
22. YOUR WARRANTY
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT IN CONNECTION WITH AN ORDER 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 ANY AGREEMENT YOU HAVE WITH UBERBUTTONS WILL BE DULY AND VALIDLY EXECUTED; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF ANY SUCH AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND WILL 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.
23. DIGITAL MILLENNIUM COPYRIGHT ACT
At times, and with the permission of the customer, we may, for self promotion and to assist our users, allow for the presentation of promotional items that we manufactured for our customers. When placing orders, our customers warrant that the material that they submit (logo, design, slogan, trademark) belongs to them and does not infringe on another’s intellectual property. Nevertheless, we recognize that there is a possibility that infringing material may end up on our website because of the submissions of third parties. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Support@UberButtons.com.
24. WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and UberButtons or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services, including all software, accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, UberButtons makes no warranty that
(i) the Services and Materials, including any ordered promotional items, will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error or virus free; (iii) the results that may be obtained from the use of the Services or Materials will be effective or reliable; (iv) the quality of any Services or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, including the software, will be corrected.
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. UberButtons assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from UberButtons or through or from the Site shall create any warranty not expressly stated in these Terms of Use.
25. PERSONAL INFORMATION AND PRIVACY
You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of UberButtons or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.
26. LIMITATION OF LIABILITY
Except as expressly provided otherwise, in no event, including, without limitation, negligence, shall UberButtons, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not UberButtons has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
27. INDEMNITY AND LIABILITY
You agree to indemnify and hold UberButtons, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.
28. GOVERNING LAW AND JURISDICTION
By accessing this Site, you and UberButtons agree that all matters relating to your access to, or use of, this Site, its Materials, and Services shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof. You and UberButtons also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Florida with respect to such matters.
29. GENERAL
Our failure to insist upon the performance of any of the terms or conditions of this Agreement or to exercise any right thereunder shall not be deemed to be a waiver of such terms, conditions or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this Agreement. No terms other than those stated herein, and no agreement or understanding, in any way purporting to modify these terms and conditions, shall be binding on us without our written consent.
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between UberButtons and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by UberButtons to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.