Terms & Conditions
- 1. Introduction
- 2. Definitions
Throughout this Agreement, we use certain words or phrases which are explained below. The list is not all-encompassing and no definition is binding to the point that it renders this Agreement nonsensical:
- “App” refers to our Templi mobile device software application, which offers the ability to request on-demand services and perform other functions;
- “Templi” refers to our company, Templi, LLC, a limited liability company organized under New Jersey law; our Site: our Service; or a combination of all or some of the preceding definitions, depending on the context.
- “Service” refers to the services that we provide, including our Site, App, the sale of tangible goods (such as coffee cups, coasters and fry scoops), our on-demand manufacturing services or any other services we may provide in the future.
- “Site” refers to our website, www.templi.com
- “User” refers to unregistered, registered, paid, and unpaid users and customers of the Service and visitors to the Site;
- “You” refers to you, the person who is entering into this Agreement with Templi.
- 3. What Templi Does
Templi is a platform that allow our Users to design and print their own custom branding pieces to echo their brand's identity. Our Site is an ecommerce store that sells physical products which are custom printed.
- 4. Eligibility
To use our Service, you must meet a number of conditions, including:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Templi, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you may not use our Service.
- You must be at least 18 years of age.
- If you are signing up on behalf of a legal person other than yourself (such as a corporation, limited liability company, etc.), you must be authorized by that person to create its Templi account and bind it to this Agreement.
- You must provide us with accurate personal information, payment information, and other information that we deem necessary to provide you with our Service.
- You may use Templi on behalf of any natural person other than yourself.
- 5. Nature of Service
We are not responsible if a User prints images for which they do not own the appropriate intellectual property rights or licenses. You should not rely on us for printing where a potential rejection of your submission—which we may do for any reason at our sole discretion—would cause a loss to you. You release us from any liability for any losses arising from your relations with Templi and the Service that we provide.
- 6. Limited License
Templi users may not distribute, reverse engineer, or otherwise copy or tamper with the Templi website. Templi may revoke ordering capabilities at any time for any reason without compensation, or any time after the initial issuance for an actual or imminent breach of this Agreement or any applicable laws.
- 7. Rules of Use
In using our Service you may not:
- Violate the laws of the United States, its states, or any other entity having jurisdiction over this Agreement.
- Send or upload anything violent, threatening, pornographic, racist, hateful, or that is in our opinion otherwise objectionable, whether on our blog, our forum, or elsewhere.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Use our Service to publish racist, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive images or writings.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Templi Site, Service, or its Users’ computers.
- Do anything else which we believe could bring Templi into disrepute, or which violates the rights of any person.
We may refuse to provide you with our Service if you fail to abide by these Rules of Use, or for any other reason. We are not required to give any reason for our refusal.
- 8. Pricing, Payment & Shipping
Pricing is as provided on the Site unless an offline price quote is requested for special printing needs. We may change our pricing policies at any time for any reason.
Payment can be made by credit card. All prices are listed in United States dollars.
Products ship to addresses within the continental United States through United Parcel Service (UPS) or any other means we choose. If a package is returned to us as undeliverable or unclaimed, the User must pay shipping and handling fees before we can resend the freight.
Additional payment terms listed on our Site are hereby incorporated by reference. You are responsible for all reasonable expenses (including attorneys' fees and costs) incurred by us in collecting unpaid amounts under this agreement.
- 9. Refund Policy
We do not accept returns. We will provide refunds only if the product arrives with physical damage. To be eligible for a refund, you must provide at least six photographs of the damage and alert us of the damage within five business days after delivery. If a package is lost in transit, we will provide a replacement at our expense, but you may be required to pay shipping and handling fees. We do not guarantee that a replacement product will be immediately available. We do not provide refunds or replacements if you find the product you ordered to be unsuccessful.
- 10. Discounts
We may offer coupons or other types of discounts, which are subject to any specific terms announced at the time of their issue. We may refuse to honor discounts for any reason including fraud, our publication mistake, actual or expected financial hardship or from the sale of all or part of our business.
- 11. Chargebacks and Disputes
If you provide payment to Templi, and that payment is subsequently reversed due to a chargeback or dispute, you are responsible for the full reversed amount as well as any fees or expenses incurred in that reversal as well as any legal costs incurred by enforcing our rights.
- 12. Our Copyright
We rely heavily on our content to distinguish ourselves from competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information or photographs from our Site without first receiving our written permission.
- 13. Your Copyright
Templi must be assured that it has the right to use the content that is posted to its Site by its Users. Content may include photographs, videos, text, audio, and other materials. By submitting content to us or our website, you grant us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and noncommercial right to print, use, sell, publish on Templi marketing materials, and otherwise make use of the content that you submit to us, to the extent necessary to provide you with our Service. By submitting any content, you represent and warrant to us that you have the right to grant us these rights and agree to indemnify us, defends us and hold us harmless for any loss (including legal fees and expenses) resulting from a breach of this warranty.
- 14. Trademarks
“Templi” is a trademark used by us, Templi, LLC, to uniquely identify our Site, Service, business, and for which we have filed a trademark registration application. You may not use our mark, our trade dress, or copy the look and feel of our website & its design, without our prior written consent. You agree to these terms, even though this paragraph may exceed law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own print-on-demand business.
- 15. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. If we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
- 16. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message to us at email@example.com which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to firstname.lastname@example.org.
U.S. law does not provide for a similar procedure for trademark infringement, but we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will attempt to address it as soon as practicable.
- 17. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at email@example.com if any of our Users have posted anything that you believe is defamatory.
- 18. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU RELEASE US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING THE CREDIT CARD COMPANY OR BANK THAT YOU USE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
- 19. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
- 20. Choice of Law
This Agreement shall be governed by the laws in force in the State of New Jersey. The offer and acceptance of this contract are deemed to have occurred in the State of New Jersey.
- 21. Law; Forum
The Service and Site are provided from the United States of America and all servers which make them available reside in the U.S.A. We make no representations regarding any other country. You are responsible for ensuring that your use complies with all applicable laws outside of the U.S.A.
Any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of New Jersey. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the small claims court of the State of New Jersey (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
If you could otherwise bring a dispute in the Small Claims Court but for the fact that you have already initiated two actions in the Small Claims Court within the same year, you agree to bring the dispute in the next lowest court of competent jurisdiction and indemnify Templi for any increased legal fees and other expenses that it incurs as a result of defending against your claim in a higher court.
The unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
- 22. Force Majeure
We are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
- 23. Severability
If any provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Templi shall have the sole right to elect which provision remains in force.
- 24. Non-Waiver
We reserve all rights afforded to us under this Agreement and any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
- 25. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet entered the first stage of production, except where the termination or cancellation was due to your breach of this Agreement, in which case we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
- 26. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
- 27. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. By accessing Site or using our Service you have agreed to read this page, and your continued use of our Site constitutes your agreement to any such amendments.
- 28. Interpretation
Whenever we use the words “including” or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term, they will not limit its meanings. Terms other than those defined above will be given their plain English meaning. A reference to a person includes a natural or other person and a reference to either party includes the party’s successors or permitted assigns. Unless otherwise stated, when any number of days is prescribed in the terms the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply.
Questions: Contact us with questions regarding this agreement at firstname.lastname@example.org
- Last Modified: August 22, 2017