You will have the option of setting up a user account through the Site. By doing so, you agree that (a) you are at least 18 years of age or you have the necessary consent from your parent or guardian and (b) you have provided us with true, accurate and current information about yourself when requested during the registration process (including your name and email address). You will be solely responsible for all activities conducted through your user account, including but not limited to any purchases from and submissions to the Site.
The Services and Products (the "Products") offered on our Site are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any content of the website or the technologies that we use. The images, photographs, designs and other content (collectively, the "Content") contained on our Site may consist of the copyrights, trademarks, service marks, trade names or other intellectual property of third parties. You should use any third party intellectual property, only with the needed authorization.
In accessing the Site and using the Services, you may submit to us your own images, photographs, text or other content (collectively, "Your Content"). By submitting Your Content to us, you grant us a perpetual, worldwide, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of Your Content for the purpose of processing your order, producing the custom design case. It is not required, but you are welcome to allow us to use your content for distribution, advertising or promoting the Services. You further represent and warrant that you either own Your Content or have written permission from the applicable intellectual property rights owner to make Your Content available to us for use on the Site and with the Services. You are and will be completely responsible for the use of Your Content in connection with the Site and the Services.
We reserve the right to reject any or all of Your Content if we determine, in our sole discretion, that such content is inappropriate or otherwise not consistent with the exercise of good judgment. For example, and without limitation, we may reject any content that we believe:
- infringes the copyright, trademark, patent, trade secret, right of publicity or any other right of a third party;
- is or may be libelous, defamatory or slanderous;
- denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged;
- is designed to or will harass, threaten, defame or abuse others;
- exploits images or the likeness of individuals under 18 years of age;
- characterizes any other unlawful activity as acceptable, glamorous or desirable; or
- contains viruses, worms, Trojan horses or any material which may compromise the Services.
From time to time, our Site may include links to third party sites or products that we think may be of interest to you. We include these links only as a matter of convenience for you. We make no representations or warranties concerning such third party sites or products, and your use of such third party sites and products will be governed by the policies and rules of such third parties.
If we are required to provide you with notice of a particular event or incident, we will send you such notice by email.
Due to the personalized nature of the Products, all sales are final when you submit your order, and no cash refunds will be given. Please carefully review all proofs before finalizing your order.
In case of any quality issues, We guarantee to unconditionally replace your item within 30 days from the order date. Just send your item back to us, mentioning clearly your full name, order number, your full contact information (phone, email), and clear explanation on the quality issue. Feel free to contact us anytime at support@Customcase.com.ua, with any concerns or questions.
You will defend and hold harmless us and our owners, directors, officers, employees, representatives, agents and affiliates against any third party claim, action, suit or proceeding that arises from, is based on or connected with Your Content or your access of the Site or use of the Services, and indemnify us for all losses, damages, expenses, and costs (including reasonable attorney's fees and costs) incurred by us in connection with any such claim, action, suit or proceeding.
You acknowledge that the site, services and products available through customcase are provided "as is, as available" without any warranty of any kind. CUSTOMCASE hereby disclaims all warranties (express, implied, statutory or otherwise), including without limitation, all warranties (a) with respect to the site, services and products (including without limitation their quality, availability, performance or functionality, (b) with respect to the quality or accuracy of any information obtained from or available through use of the site or services, (c) that the services will be uninterrupted, error-free or free of viruses or other harmful components, (d) of non-infringement, (e) of merchantability and (f) of fitness for a particular purpose. No advice or information given by CUSTOMCASE or CUSTOMCASE's representatives shall create a warranty.
CUSTOMCASE shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. Under no circumstances shall CUSTOMCASE be liable for any damage to any phone or mobile device on which a CUSTOMCASE case is used. In no event shall CUSTOMCASE be liable under contract, negligence, tort, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary, punative, special or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information, or loss of business goodwill or opportunity) whether or not CUSTOMCASE has been advised of the possibility of such loss or damages. CUSTOMCASE shall not be liable for the cost of procurement of substitute goods or services. CUSTOMCASE's entire liability and your exclusive remedy with respect to any use of the site and the services is the cancellation of your user account. In no event shall CUSTOMCASE's liability to you exceed the amount actually paid by you to CUSTOMCASE for the services or products in dispute. No action, regardless of form, arising out of these terms or out of the services may be brought by you more than 30 days after the event which gave rise to the cause of action.
We respect the intellectual property rights of others and ask you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information at copyright@Customcase.com.ua:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the sole and exclusive right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. All prices and features of the Site, Services and Products are subject to change without notice. We reserve the right to terminate your user account or your use of the Site and Services, and discard Your Content at any time without notice.
All disputes arising out of or otherwise relating to these Terms, the Site, Services and Products shall be resolved under Ukrainian law, irrespective of its choice of law rules. You hereby irrevocably consent to the exclusive personal jurisdiction and venue by the courts in Kiev, Ukraine.
These Terms constitute the entire agreement between you and us governing your use of the Site and the Service and Products. If there is any conflict or inconsistency between these Terms and any other terms or conditions available elsewhere regarding the Site, Services or Products, these Terms will prevail and be given precedence.
CUSTOMCASE sells cases for mobile devices, not the mobile devices themselves.
The waiver of any right under these Terms shall not operate as past, present or future waiver of that right or of any other right.
If any provisions of these Terms should be held by a court of competent jurisdiction to be contrary to law, or to be invalid or unenforceable, the other provisions shall remain in full force and effect.