Terms of service

 

This agreement, referred to as the “Terms of Service,” is between Sticky Holdings LLC, doing business as Customizable (“STICKY”), a Delaware Limited Liability Company, and you, the user (“Customer”). These Terms of Service govern both your use of STICKY'S website and online services, and the terms and conditions of any purchases you make through our website. By accessing, using, or making purchases on our website, you acknowledge and agree to be bound by these terms.

 

  1. Use of Website - Customers may access and use our website solely for lawful purposes and in a manner consistent with the intended functionality of the website. You agree not to use the website to violate any applicable laws, to infringe upon the rights of others, or to transmit harmful or malicious content.
  2. Account Registration and Data Privacy - To access certain features of our website, Customers may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy. We are committed to protecting your privacy and personal data in accordance with our Privacy Policy.
  3. Links to Other Websites - Our website may contain links to third-party websites. These links are provided for your convenience only. STICKY is not responsible for the content or privacy practices of these third-party sites.
  4. Quotation - A written quotation not accepted within 30 days is subject to increase or decrease based on any changes in the cost of labor and materials at the time of acceptance. Prices indicated by our online price calculator are estimates and are not binding as written quotations. They are subject to change and not guaranteed until a formal written quotation is provided and accepted.
  5. Accuracy of Specifications - Quotations, whether generated by an online price calculator or furnished in written form are based on the accuracy of the specifications provided. STICKY may re-quote a job if files, or other input materials do not conform to the information on which the original quotation was based.
  6. Orders Acceptance - of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, act of God, and other causes beyond STICKY'S control. Canceled orders require compensation for incurred costs and related obligations.
  7. Experimental Work - Experimental or preliminary work performed at the Customer's request will be charged at current rates and may not be used until STICKY has been reimbursed in full for the amount of the charges billed.
  8. Creative Work - Creative work, such as programming, sketches, copywriting, dummies, and all preparatory work, electronic or conventional, created or furnished by STICKY, shall remain its exclusive property and no use of the same shall be made, nor any ideas obtained therefrom be used, except upon compensation based on current rates charged for various services.
    All content, features, and functionality of our website are the exclusive property of STICKY, including but not limited to all digital products, services, and the intellectual property rights therein. Unauthorized use of any content or features is strictly prohibited.
  9. Condition of Copy - Upon receipt of digital files or other Customer-furnished artwork, if it is evident that the condition of the copy differs from what was originally described and quoted, the original quotation shall be voided and a new quotation issued.
  10. Preparatory Materials - Electronic files, images, artwork, type, plates, negatives, positives, and other items supplied by STICKY shall remain the property of STICKY. Dies, and other Printing Aids are considered sold to the Customer prior to physical use.
  11. Electronic Manuscripts/Document Files/Images - It is the Customer's responsibility to maintain a copy of the original file. STICKY is not responsible for accidental damage to media supplied by the Customer or for the accuracy of furnished input or final input. Additional translating, editing, or programming needed to utilize Customer-supplied files will be charged at prevailing rates.
  12. Alterations - Any work performed in addition to the original specifications will be charged at STICKY'S current rates for labor and materials.
  13. Proof Approval - Prior to Production Online “soft proofs” shall be submitted to the Customer for approval, unless the job is quoted for hard copy proofing, or unless the Customer has instructed STICKY to proceed without proofs. In the case of hard copy proofs, corrections are to be indicated by Customer on one set and returned marked "O.K." or "O.K with corrections" and signed and dated by Customer. STICKY shall not proceed with work until proofs are returned. If revised proofs are desired, request must be made when proofs are returned. STICKY regrets any errors that may occur undetected through production, but cannot be held responsible for errors if the work is printed per Customer's O.K.; or if changes are communicated verbally. STICKY shall not be responsible for errors if the Customer has refused to accept or return proofs, or has instructed STICKY to proceed without submission of proofs. Customer understands that online “soft proof” approval, as well as other forms of electronic proof review and approval (such as emailed PDF), are considered final OKs. STICKY regrets any errors that may occur undetected through production, but cannot be held responsible for errors if the work is printed per Customer's electronically transmitted O.K.
  14. Press Proofs - Unless specifically provided in writing in STICKY'S quotation, no press proofs will be provided. An inspection sheet of any form or signature can be submitted for Customer review and approval, at no charge, provided the Customer is available at STICKY'S facilities during the time of press makeready. Any changes, corrections or lost press time due to Customer's change of mind or delay will be charged for at STICKY'S current rates for labor and materials.
  15. Color Proofing - Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance.
  16. Overruns or Underruns - Overruns or underruns will not exceed 10 percent of the quantity ordered. STICKY will bill for the actual quantity delivered within this tolerance. If the Customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
  17. Customer's Property - STICKY shall charge the Customer at current rates, for handling and storing customer's stock, printed matter or other materials held for more than 30 days.
    STICKY will maintain fire and extended coverage on all property belonging to the Customer, while such property is in STICKY'S possession. STICKY'S liability for such property shall not exceed the amount recoverable from such insurance.
    It is understood that the gratuitous storage of Customer’s property is solely for the benefit of the Customer.
  18. Delivery - Unless otherwise specified, the price quoted is for single shipment, without storage, F.O.B. STICKY'S loading dock. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise, and shall be charged for at STICKY'S current rates. Charges related to delivery from Customer to STICKY, or from Customer’s supplier to STICKY are not included in any quotations unless specified. Materials delivered from Customers or their suppliers are verified with delivery tickets as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and STICKY cannot accept liability for shortage based on supplier's tickets. Title for finished work shall pass to the Customer upon delivery to the carrier at shipping point or upon payment of invoices for finished work or segment, whichever occurs last.
  19. Production Schedules - Production schedules, if and when established, will be adhered to by the Customer and STICKY, provided that STICKY shall not incur any liability or penalties for delay due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government or civil authority and act of God or other causes beyond the control of STICKY. Any cost due to delay caused by Customer shall be charged at STICKY'S current rates. Delay caused by Customer may result in the rescheduling of work to the available open production time frame.
  20. Customer Furnished Materials - Physical or digital artwork, special dies, paper stock, and other Customer furnished materials shall be manufactured and delivered to STICKY'S specifications. Additional cost due to delays or impaired production caused by deficiencies in Customer supplied materials shall be charged to the Customer at STICKY'S current rates.
  21. Taxes - All taxes and assessments levied by any governmental authority are the responsibility of the Customer. All amounts due for taxes and assessments will be added to the Customer's invoice. No tax exemption will be granted unless the Customer's "Exemption Certificate" (or other official proof of exemption) accompanies the purchase order. If, after the Customer has paid the invoice, it is determined that more tax is due, then the Customer must promptly remit the required taxes to the taxing authority or immediately reimburse STICKY for any additional taxes paid.
  22. Terms - Unless otherwise specified, payment shall be made in advance of processing of the order. Claims for defects, damages, shortages must be made by the Customer in writing within 14 days after delivery. Failure to make such a claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. STICKY'S sole liability shall be limited to the stated selling price of any defective goods, or replacement of defective goods at STICKY'S option. As security for payment of any sum due or to become due under terms of any Agreement, STICKY shall have the right, if necessary, to retain possession of and shall have a lien on all Customer property in STICKY'S possession including work in process and finished work, whether related to this job or not. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security interest and lien.
    Customer agrees to pay interest on all accounts 30 days past due at the rate of 1.5% per month. If legal action is brought to enforce the terms of this contract, Customer agrees to pay all court costs and reasonable attorney's fees. Customer agrees to pay a reasonable returned check fee of not less than $40, in accordance with § 1301A of the Civil Code of the State of Delaware.
  23. Liability
    1. Disclaimer of Express Warranties
    STICKY warrants that the goods are as described in this Contract, but no other express warranty is made with respect the goods. If any sketches, copy, dummies, samples, and/or all preparatory work was shown to Customer, such were used merely to illustrate the general type and quality of the goods and not to represent that the goods would necessarily conform to them.
    2. Disclaimer of Implied Warranties
    STICKY'S sole warranty is that the services will conform to the description contained in this contract and will be free of defects of materials and workmanship, conforming to STICKY'S standard quality, as per the Uniform Commercial Code (U.C.C. § 2-316). There are no warranties which extend beyond the description or the face hereof.
  24. Indemnification
    General Indemnity - The Customer shall indemnify, defend, and hold harmless STICKY from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against STICKY on any grounds. This indemnification applies regardless of responsibility for negligence and might arise in connection with the agreed work.
    Scope of Indemnity - This indemnification includes, but is not limited to, allegations or claims that the printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to privacy or other personal or economic rights.
    Customer’s Defense Obligation - The Customer agrees to promptly and continuously defend any such claim, demand, action, or proceeding that may be brought against STICKY, at the Customer's sole expense. STICKY shall promptly notify the Customer with respect thereto.
    Reasonable Time for Defense - STICKY shall give the Customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
    STICKY’s Rights - STICKY reserves the right, in its sole discretion, to refuse to print any matter which, in its judgment, it deems improper, libelous, or scandalous.
    Limitation of Liability for Website Use - Furthermore, STICKY shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of its website.
  25. Venue - The parties agree that this contract is entered into in Kent County, Delaware. If legal action is brought on behalf of either party to enforce its terms, the proper venue shall be in the County of Kent, Delaware.
  26. Amendments to Terms - STICKY reserves the right to modify these Terms at any time. We will notify Customers of any changes by updating the date at the top of the Terms and, where feasible, through other communication methods. Continued use of our website after changes have been made will constitute your acceptance of the revised Terms.
  27. Accessibility - STICKY is committed to making our website accessible to all users, including those with disabilities. We strive to adhere to the relevant standards for accessibility and welcome feedback on how we can improve.