TERMS OF AGREEMENT
Sticky-This.com
The Sticky-This website is located at Sticky-this.com, it is operated as a marketplace and services community, that brings together, independent artists who create graphic and creative art work, to display, create customized products and sell the products to buyers that can view these works, browse galleries of these work(s), order and purchase, reproductions and customized products for their personal pleasure it is owned and operated by 14754093 Canada Inc.
General
For the following text the term ((user(s)) implies, an individual that uses or interacts, submits their graphic image or creative image work, namely, hand made, mechanical, photographic, digital media, painting or drawing, through their account or submit directly with hard copies of to the owner operators of Sticky-This.com for the display, manufacturing and selling of reproductions and custom products with their graphic and creative work with this sites services and users that use the forementioned online website to view the work of others, browse collections, comment work, customize orders for products, order and buy products that have the graphic and creative work of others, on the Sticky-This website and with the sites services,. User(s) will be used in the following text to signify both seller and buyer or either one. The term (you) in the following text will be used to imply the individual that uses this site and its services. The word (we) in the following text will be used to imply, Sticky-This and the owners operators of the Sticky-This.com website. For the following text, the word (work), implies a product, graphic image or creative image, namely, hand made, mechanical, photographic, digital media, painting or drawing or all of them together. The term (product) will be used to imply products that are submitted for sale and or those on which graphic or creative work is reproduced on.
By using this website Sticky-This.com or any of it’s services, you the user agree to all the conditions of this user agreement and guidelines of this website. If you do not agree to all the terms and conditions of this agreement and the website policies, you can not use the site or any of its services.
By using this website and its services as a user you enter with the owners and operators of the Sticky-This.com website into the present agreement.
Users agree that they have read this sights guidelines and that they agree to adhere to them on this site.
The terms of this agreement are written in the English language, we are not responsible for any misunderstanding or misrepresentation that may occur from the translation of this agreement to another language, by any means including but not limited to, written, automatic translation device, website that offers translation services or software used for a translation of this text.
Users that have an account with a password take responsibility for the actions that are taken on their account, when it is accessed with a password. Keep you’re password safe and do not divulge it to anyone else. You are responsible for your password. If you think that you’re password is known to someone else, change you’re password immediately.
Users agree that the information they provide to this website and its services and for their accounts is correct and true, That Sticky-This and its owner operators are not responsible for omissions, errors or falsehoods in the information the user has provided, for actions that could be taken by third parties, and they the user forfeit all recourse including but not limited to losses, damages, towards Sticky-This and it’s owner operators for omissions, errors or falsehoods in this information towards them. They are responsible for any losses or damages that could sought by third parties from Sticky-This, by a third party, for any such omissions, errors or falsehoods.
Sticky-This and it’s owner operators have no political affiliation to a political party, cause, company, lobby group, foundation or government, nor do they promote any such entities that have been forementioned. Opinions or statements that are written or depicted in the any of the work of the users and their account, are entirely theirs and are not those of Sticky-This and it’s owner operators.
Sticky-This and it’s owner operators have the right to close an account, remove an account, without notice and bar it’s operator from this site, for reasons we deem to be are own, without the burden of proof or providing proof, if we doubt to the legality of an action that has occurred, is currently occurring or is to occur at a future time, through its accounts or it’s website and services. Sticky-This and it’s owner operators have the right to close an account, remove an account, without notice and bar it’s operator from this site, for reasons we deem to be are own, without the burden of proof or providing proof, if we have the doubt, that a past, present or future action is of fraudulent, malicious or illegal in nature. Users agree that, they forfeit all recourse including but not limited to losses, damages, towards Sticky-This and it’s owner operators for having closed removed or barred a user from this site and/or its services.
Users that submit their work to this website and use it’s services that have their account closed, removed or are barred from using this site by its owner operators, forfeit all their rights to litigation, including but not limited lost revenue, breach of contract, defamation. They accept their liability of their actions or comments, that cause Sticky-This and its owner operators, to the loss of revenue and accept to make restitution for these losses.
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Age
To use this website and its services, you must be of legal age to enter a legal contract or the minimum age of sixteen years of age, which ever is greater.
Modification of agreement
We reserve the right to modify the terms and conditions of this agreement at any time. The modification(s) to this terms of agreement will be viewable on this website, users may be notified by writing or e-mail. By continuing to use this website and its services, you agree to the changes made to the terms of this agreement and the policies of this website.
Export and trade and economic sanctions laws
Sticky-this and the owners and operators of the Sticky-This.com website act in accordance with all applicable export and trade and economic sanction laws, that it is subject to. The user agrees to act in accordance with all applicable export and trade and economic sanction laws, when using this site and its services, to not use this website or its services in a country or region ( Cuba, Iran, North Korea, Syria and the Crimean region of Ukraine )or country that could be added to the list at a further date. To use this website and its services, take actions directly or indirectly, that would contravene applicable export and trade and economic sanction laws. The user is not on a list of sanctioned banned or denied list, that the user will not directly or indirectly, facilitate the use of this this site or its services by persons on sanctioned, banned or denied list, to break any sanctions or laws. If you are unsure, that you can ascertain that you are not in violation of any applicable export, trade or sanction law before using this site or its services or take action that would be a violation, do not use this site or its services.
Users agree that, they forfeit all recourse including but not limited to losses, damages towards Sticky-This and it’s owner operators for any 2 of nature, event or action, that would cause loss or damage, directly or indirectly to the user of this site and its services.
Users agree that, they forfeit all recourse including but not limited to losses, damages towards Sticky-This and it’s owner operators for damages or losses that could be sustained by the use of this site and its service, by a third party including but not limited to malware, virus or trojan or malicious code.
Users agree that, they will not start or join any group or class action suit towards and/or against Sticky-This and it’s owner operators for including but not limited to losses, damages, hurt, injury, liability, loss of rights, breach of rights, defamation, for the use of this site and its services, the purchase and the use of the products obtained on this site and its services or the operation of this site and its services by Sticky-This and it’s owner operators.
Users agree that, they forfeit all recourse including but not limited to losses, damages, hurt, injury, liabilities, loss of rights, breach of rights, defamation, towards Sticky-This and it’s owner operators for the use of this site and its services, the purchase and the use of the products obtained on this site and its services or the operation of this site and its services by Sticky-This and it’s owner operators.
Users, Submitters of graphic and creative work, product providers
Users agree that the information they provide as to their accounts is correct and true, That Sticky-This and its owner operators are not responsible for omissions, errors or falsehoods in the information the user has provided or actions that could be taken by third parties, and they the user forfeit all recourse including but not limited to losses, damages, towards Sticky-This and it’s owner operators for omissions, error or falsehoods in this information.
Licensing Permission of use
By using the Sticky-This website and it’s services, you the user agree to license the use of your graphic and creative work that has been submitted via your account or hard copy, for its display, copy, reformat, transfer, merchandising, advertising, make contract of sale, shipment and its general use in the operations of the website and its services, by Sticky-This and it’s owner operators, free of charge, to the exception of the mark up, that was been agreed to between the artist as user and sticky-this for each sale of one unit of product, through this site and its services. The right to third parties contracted by Sticky-This and its operators, to produce products with you’re work, to download, duplicate, reformat and produce products, distribute and use in the process of manufacturing of a product, you’re graphic and creative work that you have submitted.
Providers of products agree that they have been paid for the purchase of their product by Sticky-This and its owner operators for this product and that we can resell it as is our right for the payment of this product, with no additional fees due for its sale.
Users that submit their work through their account on the Sticky-This website or by hard copy to Sticky-This and its owner operators, are responsible to ascertain that they have all the rights including but not limited to, intellectual property rights, copyright ownership and/or licensing rights to image(s) that they submit for use, display, manufacturing of products and sale on this website. They agree, the user and the licenser or both, if the work is subject to a pay to show or licensing agreement, that Sticky-This and its owner operators do not enter as a party or agree to any past or current or future, licensing agreement to which the image is subject to for its use, reproduction, sale. That Sticky-This website and its owner operators, do not enter into any form licensing agreement with fees or pay to show agreement, including but not limited to use, displaying the image(s) of the work or product. That Sticky-This website and its owner operators, do not enter into any form of licensing agreement or pay to show agreement, by accepting versions in physical or digital format of works submitted by the user. Any fees or royalties to be paid for the use, display or sale of this work on this website or its services are to be paid by the user that submits the work for its use, display and/or sale. The fees that are paid to the submitter of the work for the sale of a reproduction or product containing the reproduction of the work is the mark up that has been preestablished between the submitter and we, before the sale has been concluded. The mark up that we engage ourselves to pay for the sale of reproductions of this work or its reproduction on products, is a mark up fee for the sale of one unit of this product.
The user agrees to pay Sticky-This and its owner operators for any fees, that would be requested by a third party for the showing and/or selling of the work, if this third party owns the intellectual property rights or licencing rights to these works and request dues to be paid.
The mark up is decided by the submitter of the work within the guidelines established by Sticky-This. com and its owner operators. The mark up is a chosen percentage on the base price of the product, the cost, we pay for the manufacture. The sum of the mark up is added to the base price to become the selling price, applicable taxes are added to the selling price, to become the total price, lastly, shipping fees and their applicable taxes are added to the total price, to become the all included price. The base price is the cost to us for the cost of manufacturing and other applicable costs and taxes or the charges of a third party to produce the product including all applicable taxes, plus a service fee that includes applicable taxes for the services of sale of the product through the website. If there are any taxes to be retained at the moment of sale that are required by law, these will the sum of these taxes. Taxes on the mark up fee will be deducted from the mark up and forwarded to the authorities that collect these applicable taxes for the sale. The mark up payment paid for the sale of a product, will be the mark up minus the applicable taxes due for that mark up, that must be retained and sent to the authorities, due by law. Any taxes due that are not required by law to be retained and forwarded by us by law, are the responsibility of the user that receives the mark up payment, in regards to the remitting of these dues.
Sticky-This and it’s owner operators, believe in freedom of expression and of free speech, that remains in the rule of the law. Users that submit work are obliged to auto evaluate their work and deem that it does not contravene any laws that it would be subject to, including but not limited to, freedom of expression, free speech, and hate laws, before they submit it. They, the user accept that the graphic and creative work they submit is entirely of there making and that Sticky-This and it’s owner operators, have not suggested to the user it’s making, commissioned it, have not paid for it, ordered it or have any other implication in it’s making.
Users Customers
Users that use this site and its services, to view, to browse, customize products, purchase products on this site, agree, that the graphic and creative work on this site is the work of others, that it is protected by intellectual property laws, including but not limited to, copyright laws and licensing laws. Please, respect these facts, so that artists can make a living. You agree that when purchasing a product from this site, you do not purchase any rights to the commercial use of the works or products or reproduction, without the written permission of the owner of the copyright, licensing or trademark rights.
Users agree that when purchasing a reproduction of the work or the reproduction of the work as part of a product, they purchase solely the right to the use of this work and product on which it is produced for personal non commercial use only. The user does not acquire the right, to sell the intellectual property rights to this work, enter into a licensing agreement for the work, reproduce the work, make a derivative of the work, sell the work or a derivative of the work by their purchase, without the written permission of the person or persons who own intellectual property rights including but not limited to, copyright or licensing rights to the image, products or both. If there is unauthorized use, they agree to cease action(s) for which they are at fault, they agree to pay to the person(s) or licenser(s) that owns the intellectual property rights or licensing rights to this graphic or creative work, fees, right fees and punitive fees, if any profits have been made, are being made or will be made from the selling of the a derivative of the work and/or product with the work.
Users agree that the work or product purchased is for individual, non commercial use only, that it will not be used in the promotion of including but not limited to commercial advertising , political campaign, campaigns of protestation or fund raising campaigns, in it’s entirety or in part, or as a part of another so called work or product, without the written permission of owner of the work’s copyright or\and licensing rights.
Sticky-This and it’s owner operators have the right to cancel or annul a sell/buy transaction, without burden of proof or providing that proof, if we have a doubt that it is a case of fraud, malicious, or illegal in nature. Users agree that, they forfeit all recourse including but not limited to losses, damages, towards Sticky-This and it’s owner operators for the action of cancelling or annulling, a transaction on this site and/or its services.
Users agree that , after having received an order to purchase a product, we will do are best to complete the order for the customer. If there are actions or events that are not of are making and that cause us not to be able to complete the order, we will reimburse the cost of the order at the moment of purchase, agreed to on this site and its services. If it comes to our knowledge, that there will be a prolonged delay in the manufacture and/or shipping of an ordered product, due to actions or events that are not of are making, we will communicate with the purchaser to notify them of this delay and offer to them, the reimbursement of for their purchase. Users agree that, they forfeit all recourse including but not limited to losses, damages towards Sticky-This and it’s owner operators for the action of cancelling and/or reimbursing an order.
Users agree that, when, Sticky-This and it’s owner operators have delivered to a shipper, products purchased by the customer for delivery, Sticky-This and it’s owner operators are not responsible for any losses, damages, delays, detentions or seizures of product there after. Any additional fees that are requested by the provider of shipping service or government agencies, are the responsibility of the customer that has ordered these products. All actions to notify, recuperate or contest these action(s) or events, are to be taken towards the shipper that is providing the service or government agencies that have taken action(s) toward the product(s) and the sole responsibility of the customer that has ordered the products.
Users agree that the information they provide as to the name and address of user and/or purchaser and name and address for the delivery of the products is correct and true. That Sticky-This and its owner operators are not responsible for omissions, errors or falsehoods in the information the user has provided or actions that could be taken by third parties, and they the user forfeit all recourse including but not limited to losses, damages, towards Sticky-This and it’s owner operators for omissions or errors in this information.
Users agree that by using a third party for the payment of their purchase, that any fraud or losses incurred by the use of this and/or these services is the sole responsibility of this and/or these provider(s), that they the users forfeit all recourse, towards Sticky-This and it’s
owner operator for but not limited to loss or damages incurred.
We agree to replace an article that is returned due to errors made at moment of choice of sizing or color at the moment of purchase and for defects that may be found to have been made during production of product, that have been overlooked. Products will be exchanged for another, one of the same type of article that was ordered, with a price that is less or equal to the selling price or by a credit for the total price, which is the price before shipping charges at the moment of purchase. In the case that we can not replace the article by one of the same type, due stock or production issues, purchasers will be given a credit or reimbursement for the total amount paid at the moment of purchase, the all included price. Products must be returned in their original state to be accepted for exchange or credit.
Users agree that damage caused during the shipping, unpackaging or installation of product, is not the responsibility of Sticky-This and it’s owner operators. The products sold have no protective values or safety values, unless stated in information sheet(s) supplied with product. If there are safety and installation instructions, that the user will read them, before use or installation. When unpackaging, open package with care, do not use sharp or cutting objects or tear, in an unreasonable fashion. If installing a sticker, decal or vinyl sticker, read instructions and safety guidelines, before installing, if you think that you are not able to install properly, consult a professional installer.
Privacy of information
Sticky-This and its owner operators will not collect and/or retain any other personal information of user other than what is required for the operations of this site and its services. Users that use this site agree willingly to submit personal information, for the operations of this site and its services. They agree that personal information that is necessary for actions in the operation of this site, can be transmitted to third parties. We will not sell any of this information to third parties. We can not vouch as to the collection of personal data by third party sites that have been used to arrive to this site, payment services or the providers of the hosting of this site. Upon written request they may request that their personal information that could be in the possession of Sticky-This and its owner operators, be erased if there is found to be any, by communicating their request in writing.
Litigation
In the case of dispute that can not be resolved between Sticky-This.com and its owner operators, the user agrees to resolving issue(s) in the jurisdiction of Montreal , Canada, and under the rules and laws, that it is governed by. Users agree to firstly try to resolve the dispute out of court by negotiating an agreement to this dispute, if this does not permit the resolution of the dispute, then arbitration will be used; arbitration, by written submission and to agree to the conclusion of this arbitration, for the resolution of this dispute. If the dispute, is of the type that can not be resolved by arbitration, that it will be resolved by judgment from a court in the jurisdiction forementioned. The user forfeits their right to a trial by jury.
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