Acceptance of Terms
WELCOME TO STICKERYOU.COM. STICKERYOU INC. (“STICKERYOU”) PROVIDES ITS WEBSITE AND
RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT").
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE
USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL
BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. STICKERYOU
CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS
SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE.
IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED
THE CHANGE. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT
User Account, Password, and Security
You will receive a password and user account upon completing the registration process.
You are responsible for maintaining the confidentiality of the password and account,
and are responsible for all activities that occur under your password or account.
You agree to (a) immediately notify StickerYou of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. StickerYou cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section.
In using this Site, you agree to not:
- upload, download, post, email or otherwise transmit any materials
including but not limited to text, data, photos, graphics, or any of these elements
in combination as a design for stickers available on this Site or otherwise ("Content")
that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory,
obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful,
racially, ethnically, socially, politically, legally, morally, religiously objectionable
or otherwise objectionable, or invasive of another's rights including but not limited
to rights of celebrity, privacy and intellectual property.
- impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- upload, download, post, email or otherwise transmit any Content
that may infringe any patent, trademark, trade secret, copyright or other intellectual
or proprietary right of any party. As a guideline, you may contribute only original
work that you have created yourself from original elements. This means you can't
use images of celebrities or corporate products, nor images, text, or design that
you've copied from a website without written permission from the owner. You cannot
create a "new" image using elements from images other people have created. And you
cannot contribute a quote or a slogan that is substantially the same as something
already written by someone else. By uploading any Content, you represent and warrant
that you have the lawful right to reproduce and distribute such Content and that
the Content complies with all applicable federal, state and local laws, regulations
- upload, download, post, email or otherwise transmit any Content
that would constitute or encourage a criminal offense, violate the rights of any
party, or that would otherwise create liability or violate any local, state, national,
or international law;
- upload, download, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam, chain letters,
or any other form of solicitation;
- upload, download, post, email or otherwise transmit 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;
- upload, download, post, email or otherwise transmit false or misleading
- disrupt or interfere with the security of, or otherwise abuse,
the Site, or any services, system resources, accounts, servers, or networks connected
to or accessible through the Site or affiliated or linked websites.
- access, tamper with or use non-public areas of the Site. Unauthorized
individuals attempting to access these areas of the Site may be subject to prosecution;
- disrupt or interfere with any other user's enjoyment of the Site
or affiliated or linked websites;
- frame or link to the Site except as permitted in writing by StickerYou;
- incorporate images or names that would violate a person's right
of privacy or publicity.
You acknowledge that StickerYou does not pre-screen submitted Content, but that
StickerYou and its designees shall have the right (but not the obligation) in their
sole discretion to reject or remove any Content that is available via the Site.
Upon placing your order, you acknowledge that StickerYou may review your order and
the Content it contains, for adherence to our guidelines and compliance with the
terms and conditions set forth in this Agreement. Without limiting the foregoing,
StickerYou and its designees shall have the right to remove any Content that violates
the Agreement or is otherwise objectionable to StickerYou. 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. You acknowledge
that you may not rely on any Content, created by or submitted to, StickerYou. You
acknowledge and agree that you are responsible for the creation and compilation
of your Content, and that neither StickerYou nor any other party involved with the
production of any product incorporating such Content assumes that responsibility.
StickerYou's production of any product depicting your Content does not indicate
that StickerYou approves of the Content, that the Content obeys all applicable laws,
or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that StickerYou may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce
this Agreement; (iii) respond to claims that any Content violates the rights of
third-parties; or (iv) protect the rights, property, or personal safety of StickerYou,
its users and the public.
You understand that the technical processing and operation of the Site, including
your Content, may involve (i) transmissions over various networks; and (ii) changes
to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under
your account. StickerYou takes no responsibility and assumes no liability for any
Content uploaded or otherwise transmitted by or to you or by or to any third-party,
or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement,
obscenity, pornography or profanity you or a third party may encounter. You agree
to waive any claims against StickerYou and its affiliates, contractors, agents and
employees for losses, damages and injuries which are based on or relate to communications,
Content or materials on the Site. You agree to indemnify StickerYou and its affiliates
from all claims and expenses, including reasonable attorney's fees, which claims
are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Site and any stickers ordered on this Site in accordance
with all applicable United States federal, state and local laws, statutes, regulations
and ordinances and will not take any action that harms or violates the rights of
any person or entity.
Your privacy is very important to StickerYou. Users of this Site should refer to
collects and uses personal information. By accepting this Agreement you expressly
consent to StickerYou's disclosure and use of your personal information as described
You acknowledge and agree that any Content, including but not limited to text, data,
photos, graphics, etc. or other material contained or distributed on or through
the Site, by StickerYou, its advertisers or other third parties, is protected by
trademarks, service marks, patents, copyrights, or other proprietary rights and
laws. You may not use or distribute any Content received through the Site without
the authorization of the Content owner. You agree not to publish, reproduce, copy,
in whole or in part, nor upload, download, post, email, sell, or otherwise distribute
Content available through the Site, in violation of applicable copyright and other
intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting
Content to StickerYou and posting it, you grant StickerYou a nonexclusive, worldwide,
transferable license to use, copy, reproduce, modify, publicly display, and distribute
You acknowledge and agree that the Site and any software provided to you or used
in connection with the Site, including, for example and without limitation, any
API's or other scripts ("Software") contains proprietary and confidential information
that is protected by applicable intellectual property and other laws. Except to
the extent that a separate click on agreement applies to a particular piece of Software,
subject to your compliance with the terms and conditions of this Agreement, StickerYou
grants you a non-exclusive, non-transferable, non-sub-licensable license to use
the Software solely as necessary to use this Site and provided that you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages,
e-mails, postings, letters, ideas, suggestions, concepts or other written materials
which you submit or communicate to StickerYou (excluding your Content you submit)
will automatically be deemed to be assigned, granted and transferred by you to StickerYou
upon their submission or communication to StickerYou, and you do assign all rights
therein to StickerYou and agree that the same will automatically become the property
of StickerYou and that StickerYou may use, exploit, copy, publish, implement, transfer
and in all other ways deal with such materials and all of the intellectual property
rights therein in any way and for any purpose StickerYou may elect, forever.
Intellectual Property Policy
StickerYou respects the intellectual property rights of others. We ask our users
to do the same.
StickerYou may terminate the accounts of users who appear to infringe the copyright
or other intellectual property rights of others.
If you believe that your Content has been copied in a way that constitutes copyright
and/or trademark infringement, please notify StickerYou's Legal Department, and
provide the following information ("Notice"):
- an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright/trademark interest;
- a description of the copyrighted work and/or trademark claimed
to have been infringed;
- a description of where the claimed infringing Content is located
on our Site;
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright/trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are authorized to act on behalf
of the owner of the copyright/trademark interest involved.
StickerYou's Legal Department can be reached at: Legal@StickerYou.com
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT
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 THIS AGREEMENT HAS BEEN DULY AND VALIDLY
EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION,
ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY
AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER;
HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL
OR CONSENT OF NO OTHER PERSONS; AND 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.
You agree to defend, indemnify and hold StickerYou and StickerYou's officers, directors,
employees, agents and licensors harmless from all judgments, awards, damages, losses,
liabilities, costs and expenses, including but not limited to reasonable attorney's
fees, expert witness fees, and costs of litigation arising out of or based on (a)
Content you submit, post to or transmit through the Site, (b) your use of the Site,
(c) your connection to the Site, (d) your violation of the Agreement or (e) your
violation of any rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the Site or access to the Site without
StickerYou 's express written consent.
You agree that StickerYou, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Site, and remove and discard any Content
you may have contributed to the Site, at any time for any reason or no reason. StickerYou
may also in its sole discretion and at any time discontinue providing the Site,
or any part thereof, with or without notice. You agree that any termination of your
access to the Site under any provision of this Agreement may be effected without
prior notice, and acknowledge and agree that StickerYou may immediately deactivate
or delete your account and all related information and files in your account and/or
bar any further access to such files of the Site. Further, you agree that StickerYou
shall not be liable to you or any third-party for any termination of your access
to the Site. Should you object to any terms and conditions of the Agreement or become
dissatisfied with the Site in any way, your only recourse is to immediately discontinue
your use of the Site and/or terminate your account.
You acknowledge and agree that you will not use any sticker ordered from the Site
in a way that would be damaging to StickerYou's public reputation or that of its
employees, board members, shareholders, licensors, or solution partners. Additionally,
you acknowledge that if you choose to display any sticker ordered from StickerYou,
in a public setting, including on the Internet, in a way which disparages StickerYou,
StickerYou's board members, employees, shareholders, licensors, agents or partners,
StickerYou reserves the right to demand immediate return of the stickers, to furthermore
pursue all recourses and remedies available under the law.
Pricing, Shipping, and Terms of Sale
You can buy stickers by using our online purchasing service. Online sticker purchases
may be made by credit card.
Credit card processing services are provided by third-parties which have their own
credit card service provider is not shared with StickerYou unless necessary for
processing and completing your purchase transaction.
- Sale of Products: All sales are final. Prices for stickers are
described on the Site and are incorporated into this Agreement by reference. All
prices are in US dollars. Prices and stickers may change at StickerYou's discretion.
- End User: The stickers are offered for sale to customers only and not for commercial resale purposes.
- Additional Terms: In addition to these Terms of Sale, your purchase
of any sticker, or your participation in any promotion, may be subject to any terms
and/or conditions which are specified on the Site at the time you place an order
to purchase a sticker or participate in any promotion.
- Payment Methods: Products may be purchased using credit cards.
Before processing any order, StickerYou obtains pre-approval, from the financial
institution which issued the user’s credit card, for the cost of the stickers together
with all applicable taxes and shipping charges. Your credit card will be charged
after we e-mail you that your order has been processed and shipped.
- Formation of Contract / Order and Shipping Confirmation: We reserve
the right to reject, cancel, correct and/or terminate any order for any reason whatsoever
in our sole discretion. Should there be an error in the price of the stickers, we
will notify you, and you may either choose not to purchase the stickers, or purchase
the stickers at the correct price.
We will e-mail you once your order has been received; this e-mail is only our confirmation
that our servers have received your order. Your order is deemed to be an offer to
purchase the stickers. Your order is deemed to be accepted only if we send you an
e-mail confirming that your order has been processed and shipped (by Canada Post),
and our said e-mail constitutes our acceptance of your offer. Until you receive
an e-mail from us confirming that your order has been processed and shipped, no
legally binding or enforceable contract exists between you and StickerYou.
We ship Stickers by Canada Post. Stickers are normally shipped within two business
day after the order has been processed and completed. We do not represent, warrant
or otherwise guarantee the length of time it will take for your order to be processed,
shipped or delivered.
Accuracy of Information: In order to complete your order, we rely on the information
which you provide to us. By placing an order you represent, warrant and covenant
that the information provided to us is complete, true, accurate and up-to-date.
You are responsible for any costs which you or we incur as a result of incomplete,
untrue, inaccurate or out-of-date information which you provide to us.
StickerYou reserves the right to cancel any order for any product that may violate
the intellectual property rights of a third party and will notify the purchaser
that the order has been cancelled.
Age and Geographic Restrictions
You must be at least 13 years of age to use this Site. Please refer to our Privacy
Policy or contact us if you have any concerns or questions about this restriction.
Correction of Errors and Inaccuracies
The information and stickers listed on this Site may contain typographical errors
or inaccuracies and may not be complete or current. We therefore reserve the right
to correct any errors, inaccuracies or omissions and to change or update information
at any time without prior notice (including after you have submitted your order).
Please note that such errors, inaccuracies or omissions may relate to sticker description,
pricing and availability. We also reserve the right to limit or restrict quantities
of stickers (including after you have submitted your order) for any reason, including,
without limitation, if the sticker violates any terms of this Agreement.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES,
PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STICKERYOU AND ITS
AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
STICKERYOU DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET
YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY STICKERS, PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS,
OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT STICKERYOU SHALL
HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE
OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING
ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH
THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT STICKERYOU DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS
OTHERWISE AGREED IN WRITING, STICKERYOU AND ITS AFFILIATES ASSUME NO RESPONSIBILITY
FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,
RELIABILITY OR USEFULNESS OF CONTENT OR STICKERS DISTRIBUTED OR MADE AVAILABLE BY
THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT STICKERYOU MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY
OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STICKERYOU OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL
STICKERYOU OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS,
LICENSORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
TRANSMITTING, OR DISTRIBUTING STICKERYOU PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, MORAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF STICKERYOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, OR INFORMATION
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER
MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
If any provision of this Agreement is invalid, illegal or unenforceable under any
applicable statute or rule of law, such provision shall be deemed amended to achieve
as nearly as possible the same economic effect as the original provision and the
remaining provisions of this Agreement shall in no way be affected or impaired.
These terms and conditions and your relationship with StickerYou shall be governed
by and construed in accordance with the laws of the Canada, without resort to its
conflict of law provisions. You and StickerYou agree to submit to the personal and
exclusive jurisdiction of the courts located within the Province of Ontario. No
agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship
is intended or created by this Agreement. StickerYou may assign its rights and responsibilities
hereunder without notice to you. The failure of a party to exercise or enforce any
right or provision of this Agreement will not constitute a waiver of the right or
provision. StickerYou's failure to act with respect to a breach by you or others
does not waive StickerYou's right to act with respect to subsequent or similar breaches.
This Agreement constitutes the entire agreement between you and StickerYou, and
supersedes all other communications, written or oral, with regard to the Site and
services provided by StickerYou.