Use of StickyCoders.com implies acceptance of the terms below.
Welcome to StickyCoders.com. StickyCoders.com (“StickyCoders”) provides its website and related services (“Site”) to you subject to the following user Agreement (“Agreement”). If you do not agree with any of the terms of this Agreement, do not access or otherwise use this Site or any information contained on this Site. Your use of this Site shall be deemed to be your Agreement to abide by each of the terms set forth below. StickyCoders can change this Agreement at any time by posting an updated user Agreement on this Site. If any modification is unacceptable to you, you shall cease using this Site. If you do not cease using this Site, you will be conclusively deemed to have accepted the change. If you have any questions about the Agreement, you may contact us at info@StickyCoders.com.
User Account, Password, and Security
You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify StickyCoders of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. StickyCoders cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
In using this Site, you agree to not:
- Upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for stickers available on this Site or otherwise (“content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, download, post, email or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Upload, download, post, email or otherwise transmit any content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, download, post, email or otherwise transmit false or misleading information;
- Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
- Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- Disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
- Frame or link to the Site except as permitted in writing by StickyCoders; or
- Incorporate images or names that would violate a person’s right of privacy or publicity.
You understand that the technical processing and operation of the Site, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under your account. StickyCoders takes no responsibility and assumes no liability for any content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against StickyCoders and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, content or materials on the Site. You agree to indemnify StickyCoders and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Site and any stickers ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
You acknowledge and agree that any content, including but not limited to text, data, photos, graphics, etc., or other material contained or distributed on or through the Site, by StickyCoders, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received through the Site without the authorization of the content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the Site, in violation of applicable copyright and other intellectual property laws.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to StickyCoders will automatically be deemed to be assigned, granted and transferred by you to StickyCoders upon their submission or communication to StickyCoders, and you do assign all rights therein to StickyCoders and agree that the same will automatically become the property of StickyCoders and that StickyCoders may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose StickyCoders may elect, forever.
Intellectual property policy
StickyCoders respects the intellectual property rights of others. We ask our users to do the same. StickyCoders may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other Agreement, document or instrument applicable to you or binding upon you.
You agree to defend, indemnify and hold StickyCoders and StickyCoders’s officers, directors, employees, agents and licensors harmless from all judgments, awards, damages, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without StickyCoders’ express written consent.
You agree that StickyCoders, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. StickyCoders may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that StickyCoders may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that StickyCoders shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any Terms and Conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
You acknowledge and agree that you will not use any sticker ordered from the Site in a way that would be damaging to StickyCoders’s public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any sticker ordered from StickyCoders, in a public setting, including on the Internet, in a way which disparages StickyCoders, StickyCoders’s board members, employees, shareholders, licensors, agents or partners, StickyCoders reserves the right to demand immediate return of the stickers, to furthermore pursue all recourses and remedies available under the law.
Pricing, Shipping, and Terms of Sale
You can buy stickers by using our online purchasing service. Online sticker purchases may be made via PayPal and forms of payment accepted through PayPal’s payment process, including credit cards.
- Sale of Products: All sales are final. Prices for stickers are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and stickers may change at StickyCoders’s discretion.
- End User: The stickers are offered for sale to customers only and not for commercial resale purposes.
- Additional Terms: In addition to these Terms of Sale, your purchase of any sticker, or your participation in any promotion, may be subject to any terms and/or conditions which are specified on the Site at the time you place an order to purchase a sticker or participate in any promotion.
- Payment Methods: Products may be purchased using PayPal. StickyCoders uses PayPal for secure processing of payments, including payments made via credit card. StickyCoders does not have access nor the ability to store any bank or credit card information.
- Formation of Contract / Order and Shipping Confirmation: We reserve the right to reject, cancel, correct and/or terminate any order for any reason whatsoever in our sole discretion. Should there be an error in the price of the stickers, we will notify you, and you may either choose not to purchase the stickers, or purchase the stickers at the correct price.
We will e-mail you once your order has been received; this e-mail is only our confirmation that our servers have received your order. Your order is deemed to be an offer to purchase the stickers. Your order is deemed to be accepted only if we send you an e-mail confirming that your order has been processed. Until you receive an e-mail from us confirming that your order has been processed, no legally binding or enforceable contract exists between you and StickyCoders.
We ship stickers by United States Postal Service (USPS). Stickers are normally shipped within two business days after the order has been processed and completed. We do not represent, warrant or otherwise guarantee the length of time it will take for your order to be processed, shipped or delivered.
Accuracy of Information: In order to complete your order, we rely on the information which you provide to us. By placing an order you represent, warrant and covenant that the information provided to us is complete, true, accurate and up-to-date. You are responsible for any costs which you or we incur as a result of incomplete, untrue, inaccurate or out-of-date information which you provide to us.
StickyCoders reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been cancelled.
Age and Geographic Restrictions
Correction of Errors and Inaccuracies
The information and stickers listed on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to sticker description, pricing and availability. We also reserve the right to limit or restrict quantities of stickers (including after you have submitted your order) for any reason, including, without limitation, if the sticker violates any terms of this Agreement.
Disclaimer of Warranties
Your use of the Site is at your sole risk. This Site and the information, services, products, programs and materials available through it are provided on an “as is” and “as available” basis.
To the fullest extent permissible pursuant to applicable law, StickyCoders and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.
StickyCoders does not make any warranty that (a) the Site or its content will meet your requirements, or (b) that the Site or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any stickers, products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or (d) that defects, if any, will be corrected. You agree that StickyCoders shall have no responsibility for any damages suffered by you in connection with the Site or any content contained therein. You expressly agree that use of this Site, including all content, data or software distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.
You acknowledge that StickyCoders does not control in any respect any information, products, or services offered by third parties on or through this Site. Except as otherwise agreed in writing, StickyCoders and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or stickers distributed or made available by third parties through this Site.
You acknowledge that StickyCoders makes no warranty or representation that confidentiality of information transmitted through this Site will be maintained. No advice or information, whether oral or written, obtained by you from StickyCoders or through or from the Site shall create any warranty not expressly stated in the Agreement.
Limitation of Liability
Under no circumstances including, without limitation, its own negligence, shall StickyCoders or its parents, subsidiaries, officers, employees, affiliates, directors, licensors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing StickyCoders products be liable for any direct, indirect, incidental, moral, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if StickyCoders has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, or information purchased or obtained or messages received or transactions entered into through or from the Site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Site or (e) any other matter relating to the Site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
These terms and conditions and your relationship with StickyCoders shall be governed by and construed in accordance with the laws of the United States, without resort to its conflict of law provisions. You and StickyCoders agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. StickyCoders may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. StickyCoders’s failure to act with respect to a breach by you or others does not waive StickyCoders’s right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire Agreement between you and StickyCoders, and supersedes all other communications, written or oral, with regard to the Site and services provided by StickyCoders.
Updated April 26, 2016