TERM AND CONDITION
Welcome to Casemoon.com, These “Terms of Conditions and User Registration Agreement” are a legal contract between Casemoon and you, the user of Casemoon.com services. Please let us know if you have any questions about this document.
Age. You must be at least eighteen (18) years of age to enter into a contract with Casemoon.com If you are under the age of 18, you must have a parent or legal guardian sign this Agreement. In no case are persons under the age of thirteen (13) years permitted to use the Site.
“Signing” of Agreement. You “sign” and accept this Agreement by (a) clicking “I agree” at the bottom of this Agreement, or (b) uploading content to the Site, or (c) using the method expressly provided by Casemoon’s mobile (or other) application.
Creation of Your Account.
To share your images, text, and other content (“Content”) and to access some features and services offered by Casemoon at the Site (“Services”),you will have to create an account. You promise that (i) the information you provide to Casemoon is accurate and complete, (ii) you will be the only person uploading Content and engaging in transactions through that account, (iii) you will keep your pasC.cord secure, and (iv) you will notify Casemoon of any suspected breach of security or unauthorized use of your account. If you wish to delete your account, please contact Casemoon at sales@Casemoon.com. Your account is personal to you and not transferable or sublicensable to third parties
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including by e-mail, text message, sms, posting notices on this Site, or any other method of communication agreed upon by you and Casemoon you agree that all such communications meet the legal requirement of a “writing” or “document.”
Content. You are solely responsible for the Content and the decision to upload it to the Site. With respect to the Content, you represent and warrant:
You own all rights, including copyright, in the Content, or you otherwise have sufficient legal rights to use the Content as enabled by the Site.
It does not contain personally identifiable information about a child under the age of thirteen (13) years that can be viewed by visitors at the Site.
It does not disseminate another person's personal information without his or her permission and does not disclose confidential information of a third party.
It does not promote unlawful activities.
It does not violate the privacy rights (including publication of private facts, intrusion into a place of seclusion, portrayal in a false light, or false endorsement), or rights of publicity of any person.
License to Use Your Content; Release.
By uploading Content, you authorize Casemoon to use the Content, and the intellectual property rights relating to the Content, for the purposes of producing Products (defined below) and for sharing with the public if you authorize through the “Share” or “Share Now” feature at the Site. For the Content that are shared, you authorize Casemoon to display the Content in connection with its dissemination of information about, and promotion of, its Site, products and services. Without limitation, you grant Casemoon the right to reproduce copies, display, edit, index, host, store, cache, and transmit the Content. This license is nonexclusive, perpetual, worldwide, royalty-free, and transferable. It is for all formats and media now known or later developed.
You may terminate the license you have granted to Casemoon by removing or deleting (or writing to Casemoon to remove or delete) your Content. Copies of your Content may remain on Casemoon servers until such time as the Content is overwritten or otherwise deleted.
You retain ownership of the intellectual property rights in the Content that you upload and nothing in this Agreement transfers to Casemoon ownership of such rights.
Casemoon reserves the broadest rights allowable under law and this Agreement to take actions it deems appropriate with respect to the Content and conduct at the Site. Visitors and users may contact Casemoon to complain, in writing, of any conduct that they believe is inconsistent with the obligations under this Agreement. You acknowledge that Casemoon may take actions with which you disagree, and it may (by way of example and not limitation) remove Content, destroy electronic files that you have posted or transmitted, report content to law enforcement, notify third parties of the Content posted, and terminate your access to the Site. You legally release Casemoon from any claims that you might have arising from such actions of Casemoon.
Casemoon Intellectual Property. Casemoon retains ownership of all intellectual property rights relating to Casemoon , the Site, and the Services, including software, text, images, graphics, logos, user interface, videos, and sound recordings. You are authorized to use Casemoon materials only as part of your creation of collages and other activities expressly authorized at the Site.
Integrity of the Site. You agree not to take any action to harm the Casemoon, interfere with its operation, access or its underlying technology, copy its underlying technology, or copy third party Content. You agree not to use any automated system (crawlers, robots, bots, spiders, extractors, etc.) at the Site; circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site. You agree not to use the Site or information gathered at the Site for advertising or commercial purposes, or to send unsolicited communications. In your use of the Site, including the uploading and posting of Content, you agree to comply with all applicable laws. From time to time, the Site will be inaccessible for purposes such as maintenance. Casemoon does not warrant that the Site will operate without error or interruption.
Third Parties. The Site may contain links to third party websites that are not owned or controlled by Casemoon . Casemoon does not control the content, privacy policies, or practices of any third party websites. Please review the terms of service, including privacy policies, of such third-parties.
Prices. As the Services of Casemoon change and expand, Casemoon will post descriptions of such Services and the terms of those Services, including fees. You will have the opportunity to review and separately accept the terms of such Services. The listed price for products offered for sale at this Site (“Products”) is the retail price. The price for an order placed by you (“Order”) will include additional costs, such as taxes, shipping, and handling. The full price of the Order will be displayed to you before you legally accept the Order.
Risk of Loss. The risk of loss and title for Products pass to you upon our delivery to the carrier.
Product Acceptance; Remedy for Delivery of Nonconforming Product. You shall inspect all Products upon receipt, and report any Product defects to Casemoon in writing within ten (10) days after receipt. Products are deemed Accepted thirty (30) days after receipt unless, within those thirty (30) days, you notify Casemoon in writing that the Products do not conform to their description at the Site and provides Casemoon with documentation of such nonconformance. Casemoon shall remedy any nonconformance as set forth below in “Limited Remedies.” Those remedies are your sole and exclusive remedies in the event of the delivery of nonconforming Products.
Limited Warranty. Casemoon warrants to the original purchaser that its Products are free of manufacturing defeat in materials and workmanship for a period of one hundred eighty (180) days after shipment. You shall submit in writing to Casemoon any warranty claim. Failure to give written notice of claim within the warranty period, or attempts by persons other than Casemoon to repair the Products, shall be deemed an absolute and unconditional waiver of the warranty claim.
Exclusions from Warranty. This limited warranty is void if the Products are subject to damage, abuse, or misuse; or modified by a person other than Casemoon; or not used in accordance with written instructions provided by C.C.
Exclusive Remedy. Casemoon will use its best efforts to correct any Product defect within thirty (30) business days after receipt of written notice of such defect and your provision of any documentation or description of the defect. You shall return the Product to Casemoon and pay the shipping and other costs related to the delivery of the Product to Casemoon. Casemoon shall repair or replace the defective Product and ship it to you, at no additional cost to you. If Casemoon is not able to resolve the defect, it shall issue a full refund of the paid purchase price.
Disclaimer. The foregoing product warranty and remedies are exclusive and are in lieu of all other warranties and representations, express or implied, arising by law or custom, including implied warranties of merchantability and fitness for a particular purpose, which implied warranties are expressly disclaimed by Casemoon and waived by customer.
U.S. Dollars; Revisions. Unless otherwise stated, all fees are in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Casemoon Services at the point of purchase, with a valid payment method. Fees and services are subject to revision from time to time, and you will be advised of significant changes and required to accept those changes to continue with the Services.
Product Contact. For any questions regarding the terms of your Product purchase, you may contact Casemoon by as set forth on the Site (email, telephone, or first class mail).
Limitation of Liability for Damages.
To the maximum extent permitted by law, in no event shall Casemoon be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from this agreement, activity at the site, the services, operation of the site, actions regarding your content, or actions regarding third parties, regardless of the theory of liability, including express contract, implied contract, negligence, warranty, or misrepresentation, and whether or not c.c is advised of the possibility of such damages.
Terms and Conditions
As used in this section, “Casemoon” includes Casemoon, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, clients, and producers.
Arbitration; Venue for Dispute Resolution. You and Casemoon shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator, in Ann Arbor, Michigan, in accordance with the then effective commercial rules of the American Arbitration Association. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. Litigation to enforce the arbitrator’s award shall be brought only the U.S. Court for the Eastern District of Michigan, Southern Division, or the Circuit Court for the County of Oakland; the parties stipulate to personal jurisdiction and venue in such court, and agree to waive the application of forum non conveniens. The prevailing party shall be awarded attorneys’ fees and expenses in connection with any such motion to enforce the arbitration award.
General Legal Terms.
No Implied Waiver. No waiver by Casemoon shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of Casemoon
Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) years after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
Assignment. Casemoon may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party.
Force Majeure. Neither party shall be liable if its performance is delayed or made impossible or commercially impracticable due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, breakdown or accident, delay in transportation, plant shutdown, compliance with governmental requests, laws, regulations, order or actions, unforeseen circumstances, or causes beyond such party’s reasonable control..