The following terms and conditions (the “Agreement”) govern all use of this website, our mobile application(s) and all services provided by AwesomeBox (together, the “Service”) and any of our products (“Products”). The Service is owned and operated by The Muse Factory, Inc. (“AwesomeBox”).
The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be published from time to time on the Site by AwesomeBox (“Policies”) – including, without limitation, AwesomeBox’s Warranty and Return Policy. To the extent any of the Policies conflict with this Agreement, such Policies shall control.
If you have copyright concerns regarding any content on the Site or associated with our Products, please refer to our “Copyright Notice” at the end of this Agreement.
Subject to the terms and conditions of this Agreement, the Service is provided solely for the User’s own personal, non-commercial use only and is not for the use or benefit of any third party. AwesomeBox may change, suspend or discontinue the Services at any time, including the availability of any feature or content. AwesomeBox may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
The User certifies to AwesomeBox that if the User is an individual (i.e., not a corporation) the User is at least 14 years of age. The User also certifies that they are legally permitted to use the Service and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
AwesomeBox reserves the right to, at its discretion, modify this Agreement at any time by posting a notice on the Site or by sending the User a notice via email or postal mail. The User shall be responsible for reviewing and becoming familiar with any such modifications. The use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of this Agreement as modified.
As a condition to using certain features of the Service, the User will be required to register with AwesomeBox via a third-party social networking site (“SNS”). For example, User may register for the Service via Facebook Connect. The User shall only register with the Service using User’s personal SNS account – and not the account of any third party. AwesomeBox reserves the right to refuse sign-up in its discretion.
If the User purchases a Product, the User authorizes AwesomeBox to charge the User (per the payment method selected by the User through the Site) for the price of the product and all related fees, taxes and shipping costs. If the User ships to an address in California other than San Francisco, the User will be responsible for any additional sales taxes that he or she may owe that surpasses a sales tax of 7.5% that may be charged by AwesomeBox. Product prices shall be as set forth by AwesomeBox on the Site and are subject to change at any time.
Purchases are subject to AwesomeBox’s Warranty and Return Policy. The risk of loss and title for the Products ordered by the User shall pass to the User upon AwesomeBox’s delivery of the items to the carrier. Replacement of products claimed as damaged, and credits to the User’s account claimed as not received, are subject to AwesomeBox’s investigation and discretion.
The content on the Service (with the exception of any and all User Submissions - as defined below), including without limitation, the text, metadata, software, scripts, graphics, files, images, interactive features and the like (collectively known as "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to AwesomeBox. AwesomeBox reserves all rights to but not expressly granted in and the Service and the Content. The User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any Content or Marks for any purposes whatsoever without the express prior written consent of the respective owners.
AwesomeBox grants the User a limited non-exclusive, non-transferable, non-sublicensable right to display and view the Content for personal, non-commercial use. If the User downloads or prints a copy of the Content for personal use, the User must retain all copyright and other proprietary notices contained therein. Copying, using or storing any Content for reasons other than non-commercial use is expressly prohibited without prior written permission from AwesomeBox or from the applicable copyright holder.
The User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
The Service may also permit the submission of images, text or other communications by the User and other users ("User Submissions"). User Submission may be for the purpose (i) being printed on Products, or (ii) sharing and/or publishing through the Service.
In connection with the User’s User Submissions, the User affirms, represents, and warrants (and the User can and will demonstrate to AwesomeBox's full satisfaction upon its request) that (i) none of such User Submissions will violate any laws or regulations, (ii) none of such User Submissions will be defamatory, obscene or otherwise offensive, and (iii) the printing of the User Submission on Products, and the sharing/publishing of the User Submission through the Services, does not and will not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity.
By making submitting the User Submissions to the Service, the User hereby does and shall grant AwesomeBox a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, reproduce and distribute the User Submissions for the purpose they are submitted. For example, if User submits User Submissions to be printed on Products, AwesomeBox shall have the right to so. User also grants Awesomebox a license to use User Submissions printed on products for the purposes of promoting the Service.
In connection with User Submissions, the User further agrees that the User will not: (i) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (ii) publish falsehoods or misrepresentations that could damage AwesomeBox or any third party; (iii) post advertisements or solicitations of business; or (iv) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to submit the material and to grant AwesomeBox all of the license rights granted herein.
The User shall be solely responsible for the User’s own User Submissions. The User agrees that AwesomeBox has no liability with respect to any User Submissions, including and without limitation, the User’s own User Submissions, and the User hereby irrevocably releases AwesomeBox and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to the User Submissions or any part thereof.
AwesomeBox expressly disclaims any and all responsibility or liability in connection with User Submissions. AwesomeBox reserves the right, in its sole discretion, to reject, refuse to print or post any User Submissions. Notwithstanding the foregoing, AwesomeBox assumes no responsibility for monitoring User Submissions for inappropriate content.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service.
The User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. AwesomeBox reserves the right to bar any such activity.
The User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any AwesomeBox server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
The User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service nor breach the security or authentication measures on the Service or any network connected to the Service. The User shall not reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Service, or any other customer of AwesomeBox, including any AwesomeBox account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the User’s own information, as provided for by the Service.
The User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or AwesomeBox’s systems or networks, or any systems or networks connected to the Service or to AwesomeBox.
The User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
The User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to AwesomeBox on or through the Service. The User shall not, in connection with the Service, pretend (e.g. through impersonation) that The User is any other individual or entity.
The User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of AwesomeBox or others.
The Site may permit the User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under AwesomeBox’s control, and the User acknowledges that AwesomeBox is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by AwesomeBox. The User further acknowledges and agrees that AwesomeBox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
The User is responsible for all of its activity in connection with the Service. The User shall defend, indemnify, and hold harmless AwesomeBox, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with: (i) the User’s use or misuse of the Service; (ii) the User’s access to any part of the Service, (iii) any of the User’s User Submissions or (iv) the User’s violation of this Agreement.
AwesomeBox provides a limited thirty (30) day warranty on Products purchased from AwesomeBox, as described in our Warranty and Return Policy.
EXCEPT FOR THE FOREGOING LIMITED PRODUCT WARRANTY, THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (BUT, FOR CLARITY, THE PRODUCTS ARE CAN BE RETURNED/EXCHANGED PURSUANT TO AWESOMEBOX’S RETURN POLICY). THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL AWESOMEBOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT, IN THE EVENT THE APPLICABLE CLAIM/DISPUTE DIRECTLY RELATES TO PRODUCTS USER PURCHASES FROM AWESOMEBOX, SUCH DAMAGES CAP WILL BE EQUAL TO THE MONETARY VALUE OF THE APPLICABLE PRODUCTS AND ASSOCIATED SHIPPING). THE FOREGOING LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
AwesomeBox may terminate the User’s access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to the User (provided that, if AwesomeBox determines there may be an immediate threat to AwesomeBox, it may terminate such access without notice). Upon termination notice from AwesomeBox, the User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
The User is solely responsible for the User’s interactions with other Service users. AwesomeBox reserves the right, but has no obligation, to monitor disputes between the User and other Service users. If the User has a dispute with one or more users of the Service, the User shall and hereby does release AwesomeBox (and its officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If the User is a California resident, the User waives California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
The User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.
AwesomeBox makes no representation that the Service is appropriate or available for use in the country, geographic area or jurisdiction where the User is located, and accessing the Service from territories where any of the content accessed via the Service may be illegal is prohibited. The User is responsible for compliance with local laws when the User accesses and uses the Service.
All content included on the Site, such as text, graphics, logos, button icons, images, and software, is the property of AwesomeBox or AwesomeBox’s licensors and other content suppliers - and protected by United States and international copyright laws. All software used in connection with the Site is the property of AwesomeBox or its software suppliers and protected by United States and international copyright laws.
When the User visits the Site or send e-mails to AwesomeBox, the User is communicating with AwesomeBox electronically. The User hereby consents to receive communications from AwesomeBox electronically. AwesomeBox will communicate with the User by e-mail or by posting notices on the Site. The User agrees that all agreements, notices, disclosures and other communications that AwesomeBox provides to the User electronically satisfy any legal requirement that such communications be in writing.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by the User except with AwesomeBox’s prior written consent. AwesomeBox may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Notwithstanding the foregoing sentence, (but without limiting either party’s right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California, using the English language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement and, except as otherwise provided herein, that all modifications must be in a writing signed by both parties.
AwesomeBox has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of AwesomeBox’s Designated Agent to Receive Notification of Claimed Infringement is listed at the end of this policy (“Designated Agent”).
It is AwesomeBox’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the AwesomeBox web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is AwesomeBox’s policy:
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, AwesomeBox’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AwesomeBox’s discretion
Please contact AwesomeBox’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Attn: Designated Agent (Copyright Notice)
1242 Market Street Ste. 300, San Francisco, CA 94102
The Muse Factory, Inc. (“AwesomeBox”) warrants to the original end user (“Customer”) that new AwesomeBox products will be free from defects in workmanship and materials, upon delivery by AwesomeBox, for thirty (30) days from the date on which AwesomeBox ships the product to the Customer.
This warranty excludes (i) damage caused to the products after delivery and (ii) defects caused by content submitted by Customer, or any third party in connection with Customer, to be printed on the products.
Should a covered defect occur during the warranty period and the Customer notifies AwesomeBox, the Customer’s sole and exclusive remedy shall be, at AwesomeBox’s sole option and expense, to replace the product. If AwesomeBox cannot reasonably replace the product then AwesomeBox may, in its sole discretion, refund the purchase price paid for the product. AwesomeBox warrants any replaced or repaired product or part for a period of thirty (30) days from shipment.
To obtain warranty service for any product that is subject to the foregoing warranty, the Customer must comply with the return procedures specified (i) in the documentation provided by AwesomeBox in the product’s shipping package or (ii) otherwise made available by AwesomeBox at www.AwesomeBox.com. Returns will be at AwesomeBox’s expense – provided that Customer complies with all of AwesomeBox’s return procedures. Products shipped by the Customer to AwesomeBox must be sent using the postage-paid label provided by AwesomeBox and packaged in the original packaging or otherwise in a manner appropriate for safe shipment. AwesomeBox is not responsible for Customer products received in non-compliance with its return procedures and may reject such products. Replacement products will be shipped to Customer at AwesomeBox’s expense. All damaged or defective products or parts that are returned to AwesomeBox become the property of AwesomeBox once the Customer has received their replacement products.
For further information on product returns (including return labels) – please refer to our FAQ.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, ALL PRODUCTS ARE PROVIDED “AS IS”. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THESE INCLUDE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY AWESOMEBOX AND ITS SUPPLIERS.
NEITHER AWESOMEBOX NOR ITS SUPPLIERS SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING FROM OR IN CONNECTION WITH THE SALE OR USE OF THIS PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF AWESOMEBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AWESOMEBOX’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT AWESOMEBOX’S SOLE OPTION
Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. When implied warranties may not be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights; you may have other rights that may vary depending on local law. Your statutory rights are not affected.
This Limited Warranty shall be governed by the laws of the State of California, USA, and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.
The Muse Factory, Inc.
1242 Market Street, Ste. 300
San Francisco, CA 94102