Sunny Decals Terms of Use
1. INTRODUCTION
Welcome to Sunny Decals (“Sunny Decals”, “we” or “us”)! We look forward to introducing you to our world of wall decals. Sunny Decals delivers unique, modern designs and new levels of personalization for your baby nursery, girl’s room, boy’s room, playroom, and other kid-friendly areas.
2. LEGAL AGREEMENT
These terms of service (the “Terms”) govern your use of our services, products, or websites (collectively, the “Service”). By using and accessing the Service, you agree to be bound by and comply with these Terms. Certain parts of the Service may set out additional terms or guidelines, all of which are incorporated by reference into these Terms. You may not use the Service if you do not accept these Terms.
We may update these Terms without notice to you, so it’s your responsibility to periodically visit these Terms for updates because you must comply with any such updates. If you do not agree with such updates, you may not use the Service. If you have any questions about these Terms please email us at info@sunnydecals.com.
3. COMMITMENT TO QUALITY
We take pride in the quality of our Service and are committed to delivering a great experience. If you would like to return your wall art for any reason, please contact us at info@sunnydecals.com within 14 days and we will refund your payment minus the cost of actual shipping, as long as the product comes back unused, in original packaging and in sellable condition. (Please note actual shipping charges most often is more than the flat rate fee charged for all orders). Custom orders are final and will not be refunded or exchanged. If you request a refund and receive it, you agree your acceptance of the refund constitutes your sole and exclusive remedy with respect to the order refunded. You also agree that you will have no right to use the products or services for which you received a refund and agree to return the products in their original condition to Sunny Decals, 18375 Ventura Boulevard #336, Tarzana, CA 91356.
4. CANCELLATIONS
Typically, we send your order directly to the printer and cannot cancel your order once placed. However, if we have not yet placed your order with the printer, you can attempt to cancel your order by emailing us at info@sunnydecals.com. If your cancellation is successful, we will provide a refund.
5. ACCOUNT; MEMBER INFORMATION
You represent that you are of legal age to form a binding contract. In order to use certain Services, you must provide certain information during the purchase process (“Reg Data”). You agree that your Reg Data will always be accurate and current.
6. PRIVACY POLICY
You consent to the collection and use of your Reg Data and certain other information in accordance with our Privacy Policy.
7. YOUR CONTENT ON THE SERVICE
The Service includes information, data, text, photographs, graphics, creative, video, messages, tags, or other materials (“Content”) from many people and entities, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service, and for the consequences of your actions (including any loss or damage which Sunny Decals may suffer) by doing so. Note that Content is treated differently than “Feedback” which is covered in Section 9.
We do not claim ownership of the Content you submit in connection with the Service. You grant Sunny Decals a worldwide, royalty-free, perpetual, irrevocable, sublicensable and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on and in connection with the Service, in any media, including but not limited to, for our marketing and promotional purposes. You agree that this license includes a right for Sunny Decals to make such Content available to other companies, organization or individuals with whom Sunny Decals has relationships for the provision of the Service.
8. MEMBER CONDUCT
You agree to not use the Service to:
a. harm minors in any way;
b. impersonate any person or entity, or misrepresent your affiliation with a person or entity;
c. engage in any unsolicited or unauthorized advertising, “spamming” or “chain letters,” or any other form of solicitation;
d. stalk or otherwise harass another;
e. transmit or make available 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;
f. interfere with or disrupt the Service or servers or networks connected to the Service; or
g. intentionally or unintentionally violate any applicable local, state, national or international law;
You agree to not upload, post, or transmit or make available any Content that:
h. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
i. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information protected under nondisclosure agreements); or
j. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
You acknowledge that Sunny Decals may or may not pre-screen Content. We have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any Content on the Service. You understand that you may be exposed to Content on the Service that is offensive, indecent or objectionable.
You will not access any of the Services (a) by any means other than through the interface that is provided, or (b) through any automated means (including use of bots, scripts or web crawlers).
You will not override or circumvent any security components or violate any usage rules relating to the protection of digital materials on the Service.
9. FEEDBACK TO SUNNY DECALS
By submitting feedback, ideas, ratings, reviews, or suggestions (“Feedback”) to Sunny Decals, publicly through its suggestion or feedback web pages, or privately through one of our customer service channels (including but not limited to phone, online forms, email, chat, feedback forums, and blogs), you acknowledge and agree that: (a) your Feedback automatically becomes the property of Sunny Decals without any obligation of Sunny Decals to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) Sunny Decals may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) Sunny Decals may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Sunny Decals.
10. PROPRIETARY RIGHTS
All right, title and interest to the Content available via the Service (which includes the Content, the Service’s look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of Sunny Decals LLC, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws. You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Service without the prior written consent of the respective owner.
The foregoing notwithstanding, some purchases on Sunny Decals may include the right for you to freely distribute a low resolution (defined as < 640 x 480 pixels) image of the product purchased so long as the image is not modified in any way. No derivative works may be created from this image.
With respect to any software that we provide to you, Sunny Decals grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use such software provided, for the sole purpose of enabling you to use the Service in the manner permitted by these Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. NO RESALE OF SERVICE
You agree to only use the Service for personal purposes, and not for any unintended use of the Service. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Service’s websites.
12. ADVERTISEMENTS; ANNOUNCEMENTS
The Service may display advertisements. In consideration for Sunny Decals granting you access to and use of the Services, you agree that Sunny Decals may place such advertising on the Services.
13. INDEMNITY
You agree to indemnify and hold Sunny Decals and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
14. MODIFICATIONS TO SERVICE
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Sunny Decals shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further agree that we may limit the number of emails sent via the Service at any time, in our sole discretion.
15. TERMINATION
You agree that Sunny Decals may terminate your Sunny Decals account and access to the Service at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Service, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Sunny Decals account includes deletion of your Content, deletion of your password and all related information, and files and content associated with your account. Further, you agree that Sunny Decals shall not be liable to you or any third party for any termination of your account or access to the Service.
16. LINKS
The Service or third parties may provide links to other websites or resources. We do not endorse and are not responsible or liable, directly or indirectly, for any damage or loss caused by your use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUNNY DECALS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Sunny Decals and its affiliates, members, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; or (ii) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Under no circumstances will Sunny Decals be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. 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.
18. LIMITATION OF LIABILITY
You expressly understand and agree that Sunny Decals and its affiliates, members, officers, employees, agents, partners and licensors shall not be liable to you 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 Sunny Decals has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (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 Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
19. NOTICE
We may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, text message, postings on the Service, or other reasonable means now known or developed later.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at info@sunnydecals.com.
21. PAYMENT; SALES AND USE TAX
You will pay all fees due according to the prices and terms applicable to your Service, including any optional products or services. All fees are immediately due and payable. We accept no liability for information or content that is deleted due to an invalid or incomplete payment. We reserve the right to change our pricing for the Services at any time, with notice to you. We may also, in our discretion, offer discounts or special offers from time to time.
You shall pay or otherwise be responsible for all federal, state, or local sales or use taxes imposed on the Services.
No sales tax is charged when purchasing a gift certificate, though sales tax may be charged when using a gift certificate to make a purchase.
22. DISCLAIMER
Any views, statements, advice or other information made available or expressed by third parties or users including but not limited to bloggers, are those of the respective third party or user and not of Sunny Decals. While we actively seek community participation on our website through these various means, we do not endorse and are not responsible for the reliability or accuracy of any advice, opinion or statement made on the Service.
23. GENERAL
These Terms constitute the entire agreement between you and Sunny Decals and governs your use of the Service, superseding any prior agreements between you and Sunny Decals with respect to the Service. The Terms and the relationship between you and Sunny Decals shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Sunny Decals agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Sunny Decals to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Your Sunny Decals account is non-transferable and any rights to your contents within your account terminate upon your death. You may not assign your rights or delegate your duties under this Agreement either in whole or in part without the prior written consent of Sunny Decals, and any attempted assignment or delegation without such consent will be void. Sunny Decals may assign or delegate this Agreement in whole or part, without restriction. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns. You agree that there shall be no third-party beneficiaries to this agreement. The section titles in these Terms are for convenience only and have no legal or contractual effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
Please report any violations of these Terms to info@sunnydecals.com.
24. CONSUMER RIGHTS INFORMATION
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Pricing information is posted as part of the ordering pages for this site. If you have a question or complaint regarding the Service, please send an email to info@sunnydecals.com. You may also contact us by writing to Attention: Customer Service; Sunny Decals; 18375 Ventura Boulevard #336, Tarzana, CA 91356. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone (916) 445-1254 or (800) 952-5210.