USER CONTENT

A.  User Content.

“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile, photographs, or other postings).  You are solely responsible for your User Content and assume all risks associated with use of your User Content.  You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy.  You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Create and Engrave.  Because you alone are responsible for your User Content (and not Create and Engrave), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.  Create and Engrave is not obligated to backup any User Content and User Content may be deleted at anytime.  You are solely responsible for creating backup copies of your User Content if you desire.

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B.  License

You hereby grant, and you represent and warrant that you have the right to grant, to Create and Engrave an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your and/or your child’s name, voice, photograph, and likeness) and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site, Services, Create and Engrave’s other products and services, and Create and Engrave’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

C.  Acceptable Use Policy.

The following sets forth Create and Engrave’s “Acceptable Use Policy”:  You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

D.  Enforcement.

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Create and Engrave Account, and/or reporting you to law enforcement authorities.

E. Other Users.

Each Site or Service user is solely responsible for any and all of its User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.  Your interactions with other Site or Service users are solely between you and such user.  You agree that Create and Engrave will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.

Release.  You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

III. TERMS AND CONDITIONS OF SALE

A. CERTAIN PRODUCT DISCLAIMERS.

WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS.  ALL CHILDREN SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT WHEN HANDLING OUR PRODUCTS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS.  IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, CREATE AND ENGRAVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.

B. Products and Pricing.

All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change.  Create and Engrave reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice.  You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section V).  In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged.  If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.

C. Orders.

When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance.  Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason.  We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.

D. Payment Terms.

For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below).  If you order a subscription to a Product (with a monthly term, or a term of 3 months, 6 months or twelve months) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. 

 

Your next billing date will be set from the date you subscribe (it will be the same each month) and you will receive an email each time you are charged. We reserve the right to change the timing of our billing. If your Payment Method has not successfully settled, your box will automatically not be sent the following month. 

 

To switch your Subscription from your current brand (a “Single Child Subscription”) to another brand (e.g. a "family subscription") you need to get in touch at contactus@createandengrave.co.uk to cancel your existing plan. You then need to re-subscribe to a new plan.  Please also note that if your original Subscription includes a discounted Product Price for a promotion, that discount is only valid with that original subscription, and will expire upon cancelling that subscription. Renewals and upgrades can only be offered at their existing price.  As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this site, you hereby authorize, agree and assent to the Create and Engrave automatically billing your credit card submitted as part of the order process for such amounts that are due.  You will be solely responsible for payment of all taxes (other than taxes based on Create and Engrave’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Create and Engrave, including, without limitation, all Product purchased pursuant to any Updated Subscription. 

 

All payments are non-refundable (except as expressly set forth in this Section II).  You agree to pay for all collection costs, legal fees, and court costs incurred in the collection of past due amounts.

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E. Shipping Policy.

Products will be shipped by Royal Mail 48 hour Parcel service. You can expect to receive boxes in the first week of every month.  Any delivery dates provided by Create and Engrave are estimates.  Create and Engrave reserves the right to make deliveries in instalments.  

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F. Cancellation and Membership Pausing Policy.

You can pause your membership at any time, for as long as you like. If you wish to pause, you can do so here. We will keep your card details on file and re-activate your membership on the date you ask us to. During the time that your membership is paused, you can get in touch at any point to re-activate it sooner, pause for longer, or cancel altogether. 

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You can cancel a monthly subscription at anytime. This can be done via this link, or by contacting us directly at contactus@createandengrave.co.uk. You are only committed to the following month's box once you have made a payment for it. If you cancel after payment has already been made for the next box, and you will still receive that final box.

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G. Return Policy.

(i) Return Policy.  Unless the Product information page states that a Product is a Final Sale, Create and Engrave will accept returns in exchange for store credit and only in accordance with the Return Procedures below.  If a Product is a Final Sale, then the sale is final and no returns will be accepted.  Provided that Create and Engrave confirms that your Product was not a Final Sale and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that we will issue you a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable.  Store credit may only be used for future purchase of Products on the Site (excluding gift cards) and are not transferable.

(ii) Exchanges.  We do not accept any Product exchanges.

(iii) Damaged Products.  If the Product arrives damaged or not substantially as described on the Product information page (“Damaged Product”), Create and Engrave will accept returns for a full refund only in accordance with the Return Procedures below.  Provided that Create and Engrave confirms that your Product was a Damaged Product and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card in the amount charged for the Damaged Product (if your credit card has already been charged for the Product) or (b) we will not charge your credit card for the Damaged Product.  The refunded amount will include the applicable Delivery Fee.

(iv) Return Procedures.  The following sets forth the required “Return Procedures”:  All returns must be made within 14 days after the Product shipment date.  All returned Products must be unused and returned in accordance with the instructions received from contacting customer service at contactus@createandengrave.co.uk.  You are solely responsible for the cost of shipping the returned Product.  All Products not returned in accordance with the Return Procedures shall be sent back to you and no credit or refund will be issued. 

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H. Promotions.

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers.  Limit one promotion per order.

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IV.  DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

A.  Limited Warranties

THE SERVICE, THE SITE (INCLUDING THE DOWNLOADABLE TOOLS), ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS (EXCEPT AS SET FORTH IN SECTION III. F) ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.  THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE OUR SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT.  WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS.  WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.

 

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION.  WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES.  YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU.  ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.

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B.  Limitation Of Liability

USE OF OUR SERVICE, THE SITE (INCLUDING ANY DOWNLOADABLE TOOLS), AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.  IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY POUNDS (GBP £50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO CREATE AND ENGRAVE IN THE PRIOR 6 MONTHS HEREUNDER.

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE (INCLUDING ANY DOWNLOADABLE TOOLS), AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.

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C. Exclusions.

THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.  CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

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D.  Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR APPLICABLE LAW OR YOUR USER CONTENT.

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V. TERM AND TERMINATION

These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labelled “I Agree”) (which ever occurs first).  We reserve the right to terminate these Terms, your Subscription, and your access to the Site and the Service at any time without notice.  You may ask to have your data removed from the website at any time, by using the "unsubscribe" link in your emails or asking us to at contactus@createandengrave.co.uk  If we have suspended or terminated these Terms, the Site, or the Service other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Subscription to the Service (if any).  You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases.  Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.  The provisions of sections I.C, I.D, I. E, II, III.A., IV, VI, and VII will survive the termination of these Terms.

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VI. COPYRIGHT POLICY

Create and Engrave respects the intellectual property of others and asks that users of our Site and Services do the same.  In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:

1. your physical or electronic signature;

2. identification of the copyrighted work(s) that you claim to have been infringed;

3. identification of the material on our services that you claim is infringing and that you request us to remove;

4. sufficient information to permit us to locate such material;

5. your address, telephone number, and e-mail address;

6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that,  any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and legal fees incurred by us in connection with the written notification and allegation of copyright infringement.

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The designated Copyright Agent for Company is contactable at contactus@createandengrave.co.uk

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VII. MISCELLANEOUS MATTERS

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A.  Modifications to Terms

We may change these Terms from time to time.  Any such changes will become effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site or Services.  If you object to any such changes, your sole recourse will be to cease using the Site and the Services (including the Downloadable Tools).  Continued use of the Site or the Services (including any Downloadable Tools) following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.  In addition, certain features of the Services may be subject to additional terms of use.  By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features.  In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

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B.  Modifications to Services.

We reserve the right to modify the Site and/or Services at any time without notice.  If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Subscription for future boxes, or not renew the Subscription (if applicable).  Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified.  We also reserve the right to discontinue the Site and/or Services at any time without notice.  We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth in Section V.

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E.  General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services (including the Downloadable Tools) and the Products.  Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect.  The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation.  These Terms constitute the entire agreement between you and us with regard to the matters described above.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Create and Engrave’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.