Terms

TERMS OF USE

(LAST UPDATED: July 1, 2013.)

Thank you for shopping on Crushstuff.com. Before you use the Crushstuff.com web site, please read the terms and conditions that govern your use of the site. By using and shopping on the Crushstuff.com web site, you agree to follow and be bound by these terms. If you do not agree to these Terms, please do not use our Services. Please note that any violation of these Terms may result in termination of your ability to access and use of our Services. We reserve the right at any time to change all or any part of this Terms of Use Agreement. Any changes we make will be effective immediately upon notice. Your continued use of our Services after amendments are posted constitutes an acknowledgement and acceptance of the modified Terms. Please refer to the “LAST UPDATED” legend at the top of these Terms to determine the date of most recent revision.

When you, the Member, set up your CRUSH account, you agree to provide accurate and complete information about yourself (including your email address). Our Services are not intended for use by children under the age of 13 and are not directed at such children. If you are under the age of 13, please have a parent or guardian register for you.

YOUR USE OF OUR SERVICES

You, the Member, may view images from this site solely for personal, non-commercial purposes. You may NOT otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from this site without the express permission of CRUSH.

While using our Services, you agree to comply with all applicable laws, rules and regulations. You agree NOT to harass, abuse or otherwise violate the rights of others; impersonate any person or entity; access or use another user’s content without permission; express any statements that is endorsed by us, without our prior written consent; engage in “hacking” or defacing any portion of our Services; upload and/or transmit any material that is unlawful, fraudulent, obscene or otherwise objectionable; transmit any materials that contain any viruses, worms, trojan horses, or other items of a destructive nature; data mine, modify, or disassemble any portion of our Services; collect information about or from users of our Services without expressed consent; commit any act constituting a removal of any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Services.

CRUSH is committed to protecting copyrights and expects users of our Services to do the same. Information and images contained in this site are copyrighted. Title to images and all associated intellectual property rights is retained by CRUSH and/or its licensors. Except as specifically authorized, you may not make copies of any of the images except for personal, non-commercial purposes.

All products produced by CRUSH are for personal, non-commercial use and may not be reproduced in any form without express permission from CRUSH. All products, including customized designs, produced by CRUSH are copyrighted and all rights belong to CRUSH.

CRUSH welcomes your comments about our Services. However, any comment, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to CRUSH shall be and remain the exclusive property of CRUSH. Your submission of any such Comments shall constitute an assignment to CRUSH of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. CRUSH will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose, without restriction and without compensation.

All rights not expressly granted hereunder are expressly reserved. Any failure to comply may result in termination of your access to our Services.

GARMENT BRANDS

CRUSH has the right to interchange the brand of garment for another of like quality. We do this based on inventory requirements.

INACCURACY DISCLAIMER

From time to time there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. CRUSH reserves 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).

SHIPPING

CRUSH’s personalized products are custom made to order by a team of professional designers. When calculating time to receive your order, please include 5-7 business days of processing and production time in addition to shipping time.

CRUSH offers standard shipping to arrive in 5-7 business days to destinations within the continental U.S.A. Delivery times are calculated based on a Northern California Bay Area shipping origin. When placing an order, please take into account shipping delays, such as holiday, weekend, and weather-related. Once your order ships, you will receive an email confirmation. For international delivery, please contact us at store@crushstuff.com and we will discuss with you our terms and conditions of shipment to your particular international destination.

RETURNS AND CANCELLATION

We stand behind our products and the custom decoration that goes into each and every item. It does not happen often, but if we do make a mistake with your order, we will replace your items. Please review your order, customization and the product size chart prior to ordering, as each order is made individually to your specifications and cannot be resold. For this reason, we cannot exchange or refund orders based on size discrepancy or customer errors (such as spelling, colors, etc). Please be sure to carefully review the personalized text and photos you input during the ordering process. Please do not hesitate to contact us at store@crushstuff.com.

If you find a problem with your order, please contact us at orders@crushstuff.com within 10 days of receiving your order and we will promptly address the issue.

If you wish to cancel an order, you may do so within 24 hours of placing the order. Past 24 hours of order placement, we are unable to cancel or refund your order as it is already in process.

DAMAGED PRODUCT

From time to time, product may be damaged in shipping. If you receive a damaged item, please contact us at store@crushstuff.com. Replacement of damaged items will only be given for items packaged in the original packaging. We will need specific details of the damage prior to sending a replacement.

ACCURACY OF COLORS

Crushstuff.com has displayed as accurately as possible the colors and graphics of the products that appear on the site. However, we cannot guarantee that your monitor’s display of any color and or graphic will be accurate. The colors shown on the site are for reference only. The colors you see will depend on your monitor and may be slightly different from the actual colors of the products. We will have no liability whether for damages, return of merchandise for credit or otherwise, as a result of any variances between the appearance of colors and or graphics displayed on your monitor and on any finished product purchased by you from Crushstuff.com.

GOVERNING LAW

These Terms will be governed by the laws of the State of California, and any action brought pursuant to this agreement shall be brought in California.

You assume all knowledge of applicable law and are responsible for the compliance with any such laws. You may not use our Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 VALIDITY OF AGREEMENT

If any provision or provisions of this Terms of Use Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No modification or amendment to this Terms of Use Agreement shall be of any force or effect unless in writing executed by you, the Member and CRUSH. You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of personally identifiable information and other practice described in our Privacy Statement.

PRIVACY

As a user of Crushstuff.com, you acknowledge that you may provide to Crushstuff.com information regarding yourself including your name, address, and email address. We are committed to protecting your privacy and any information that we collect about you will not be used outside our company without your notification and permission. We do not buy, sell, rent, lease, hock, barter, donate, or share email addresses and other personal information in any way.

LEGAL COMPLIANCE

You shall use Crushstuff.com for lawful purposes only. You shall not transmit through Crushstuff.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to Crushstuff.com for any breach of this provision or any other provision of this Agreement.

WARRANTY AND DISCLAIMER OF LIABILITY

YOU ACKNOWLEDGE THAT USE OF THE OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT CRUSHSTUFF.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of Crushstuff.com. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.

 

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