Terms of Service
Terms of Service for Gradient Labels LLC
Effective Date: 10/01/23
Welcome to Gradient Labels LLC (“we,” “our,” or “us”). By using our website and services, you agree to comply with the following Terms of Service. Please read these terms carefully before using our services. If you do not agree with these terms, please do not use our services.
1. No Refunds
All sales made through our website are final, and we do not offer refunds or exchanges. It is your responsibility to review and approve the design and specifications of the custom stickers you order before completing your purchase. We are not responsible for errors or issues with the design, artwork, or any other aspect of the product after the purchase is completed.
However, in the event that Gradient Labels makes a mistake in the production of your custom stickers, we are committed to making it right for you. If there are any errors or defects in your order that are our responsibility, we will work with you to correct the issue and provide a satisfactory resolution. Please contact our customer support team promptly if you encounter any such issues.
This ensures that we stand behind the quality of our products and are willing to address any errors or mistakes that may occur during the production process to the satisfaction of our customers.
2. Copyright and Artwork Ownership
You are solely responsible for ensuring that any artwork, designs, or other content (“Artwork”) you submit to us for the creation of custom stickers is either copyright-free or owned by you in whole. By submitting Artwork to us, you represent and warrant that you have the legal right to use and reproduce the Artwork and that it does not infringe upon the intellectual property rights of any third party.
3. As-Is Production
The custom stickers you order are produced as-is, based on the specifications provided at the time of purchase. We do not make any alterations, corrections, or modifications to the Artwork unless specific changes are requested and paid for during the checkout process. It is your responsibility to review and specify any desired changes in the designated checkout area of our website.
4. Use of Product for Marketing
Gradient Labels LLC reserves the right to use any product made by us for marketing purposes, including but not limited to email campaigns, social media posts, advertisements, and other promotional materials. By using our services, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and promote the products we create using your Artwork for marketing and promotional purposes.
5. Limitation of Liability
To the fullest extent permitted by law, Gradient Labels LLC, its officers, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your use of our services or the products we provide.
6. Changes to Terms of Service
We may update these Terms of Service from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any material changes by posting the updated Terms of Service on our website.
7. Contact Us
If you have any questions or concerns about these Terms of Service, please contact us at:
Gradient Labels LLC
contact@gradientlabels.com
8. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.
9. Venue and Jurisdiction
Any legal actions or proceedings arising out of these Terms of Service or related to your use of our website and services shall be brought exclusively in the state or federal courts located within the State of North Carolina. You consent to the personal jurisdiction of such courts and waive any objection to venue in those courts.
10. Consumer Rights Notice
Pursuant to North Carolina General Statute § 75-1.1, Gradient Labels LLC notifies you that certain business practices may be subject to the Unfair and Deceptive Trade Practices Act, N.C. Gen. Stat. § 75-1.1 et seq.
11. Contact for Complaints
If you have any complaints or disputes, please contact us using the contact information provided in Section 7 above. We will make good faith efforts to resolve any disputes promptly.
These additional terms ensure compliance with the legal requirements specific to the state of North Carolina. If you have any further questions or need clarification, please consult with a legal professional to ensure full compliance with North Carolina state law.
12. NSFW Content
- NSFW Content Prohibition: By utilizing our custom product design and upload services, you agree to adhere to the following terms and conditions, which include the strict prohibition of NSFW (Not Safe For Work) content. This encompasses any material that is sexually explicit, offensive, or otherwise inappropriate for a general audience.
- Definition of NSFW Content: NSFW content includes, but is not limited to, explicit nudity, sexual content, violent or graphic imagery, hate speech, and any material that violates applicable laws or regulations. We reserve the right to interpret and enforce this definition at our discretion.
- Zero Tolerance Policy: We maintain a zero-tolerance policy for NSFW content. Any attempts to upload, share, or create custom products featuring such content will result in immediate action, including but not limited to account suspension, removal of the offending content, and potential legal action.
- User Responsibility: You, as the user, are solely responsible for the content you upload or create using our services. You affirm that you have the necessary rights, permissions, and authority to upload any content, ensuring that it complies with our NSFW content prohibition and all applicable laws and regulations.
- Monitoring and Reporting: We employ automated and manual content monitoring mechanisms to detect and remove NSFW content. Users are encouraged to report any violations by using the provided reporting mechanisms.
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Consequences of Violation: In the event of a violation of this NSFW content prohibition, we may take the following actions:
- Immediate content removal.
- Account suspension or termination.
- Reporting of illegal content to the appropriate authorities.
- Appeals and Dispute Resolution: If you believe your content has been wrongly flagged or action has been taken against your account, you may contact our customer support for dispute resolution. We will review your case and respond accordingly.
- Continued Compliance: You are expected to regularly review and comply with our terms of service, including this prohibition on NSFW content. Failure to do so may result in ongoing consequences, including the permanent suspension of your account.
- Right to Modify: We reserve the right to modify these terms of service, including the NSFW content prohibition, at any time. It is your responsibility to stay informed about any updates.
By using our custom product design and upload services, you acknowledge your acceptance of this “Prohibition of NSFW Content in Custom Product Uploads” line item, and you commit to complying with its terms. Failure to adhere to these terms may result in the consequences outlined above.
Thank you for choosing Gradient Labels LLC. We look forward to providing you with high-quality custom stickers and excellent service.