Welcome to the Flickerss Website, operated by Ecommerce Productions. The following Terms of Service (“TOS”) outline the conditions governing your use of the Flickerss website and services. Your use of the Ecommerce Productions website signifies your acceptance of these TOS. Flickerss is a registered trademark of Ecommerce Productions.
Ecommerce Productions reserves the right to modify, delete, or amend any terms and conditions within this TOS at its sole discretion. Changes will be posted through a notice or a new agreement on the Ecommerce Productions website.
This TOS constitutes the complete agreement between you (referred to as User) and us and overrides all prior agreements, representations, warranties, and understandings.
Ecommerce Productions collaborates with affiliated companies or third parties to offer certain products and services through the website. We do not control these third parties or their services. Users acknowledge that Ecommerce Productions is not responsible for the terms and conditions of these affiliates or third parties. In case of conflicts, users must adhere to Ecommerce Productions’ TOS.
Eligibility to use the Website:
Ecommerce Productions will provide services only to customers who can legally enter into contracts under applicable law. If a user is under 18 but at least 13 years old, they may use Ecommerce Productions services under parental or legal guardian supervision after agreeing to these TOS. The Ecommerce Productions website is not intended for children under 13.
Ecommerce Productions grants users a limited, revocable license to access and use the website for its offered services, subject to compliance with these TOS. Users are not allowed to collect or use information from the website to compete with Ecommerce Productions or create derivative works without proper authorization. Ecommerce Productions reserves the right to revoke access and take legal action if the information is used in violation of these TOS.
Prohibited Use:
Users may only use the website as explicitly permitted by Ecommerce Productions. Prohibited actions include interfering with website performance using viruses or other technologies, modifying technology, and collecting user information without authorization.
Copyright:
All content on the website, including design, graphics, organization, and digital conversion, is protected by applicable copyright, trademarks, and other property rights. Unauthorized copying, downloading, or redistribution of such content is strictly prohibited.
Users retain ownership of the content they use or upload on the website. By using external content, users grant Ecommerce Productions a nonexclusive, worldwide, transferable license to use, display, sell, and distribute the design in various contexts. Ecommerce Productions may make modifications to user designs with prior approval.
If a user believes their work has been copied in a way that constitutes copyright infringement, they should contact our copyright agent at sales@flickerss.com, providing the necessary information for prompt action.
Reservation of Rights:
Ecommerce Productions reserves the right, though not obligated, to monitor transactions and communications on the website. If a user breaches these TOS, Ecommerce Productions may cancel transactions and restrict access. The website may be modified at any time without prior notice, and Ecommerce Productions incurs no liability for such modifications.
Representation and Warranties:
Users represent and warrant to Ecommerce Productions that their use of the Flickerss website will not infringe on the rights of any third party. Users further warrant that there are no pending claims or litigation related to their content. Ecommerce Productions is not obligated to pay any third party related to user content.
Disclaimer and Exclusions:
Flickerss services are provided on an “as is” and “as available” basis. Ecommerce Productions does not guarantee uninterrupted, error-free, accurate, reliable, or timely services. Ecommerce Productions disclaims all implied warranties, including fitness for a particular purpose, merchantability, and noninfringement.
Ecommerce Productions is not liable for any consequential, incidental, indirect, punitive, or special damages arising from the use of the website or any related services.
Limitation of Liability:
In no event will Ecommerce Productions’ liability exceed the value of the signs ordered or services rendered. The value is limited to the stated value on the Flickerss website or charged to the customer.
Indemnification:
Users must indemnify and hold Ecommerce Productions, its employees, partners, and affiliates harmless from any damage, loss, or expenses incurred due to third-party claims related to a user’s breach of these TOS.
Registration:
Users may be required to register on the site, providing accurate and complete information. Registrations are for personal use only, and access should not be shared. Ecommerce Productions does not allow the use of the registration section by anyone other than the registered user.
Color Issues:
Ecommerce Productions uses standard industry software for design and printing, but cannot guarantee exact color matching. Slight color variations are possible and considered acceptable, not eligible for refund or return.
Production:
Ecommerce Productions utilizes production facilities inside and outside the USA. The location of production for each product and order is not guaranteed. Orders may be manufactured in the USA or elsewhere.
Design Proofing:
Ecommerce Productions does not proofread user designs. Users are responsible for double-checking designs before submitting an order. Ecommerce Productions will print the submitted file as is. Any mistakes or changes in a proof must be addressed before approval.
Response Time:
Users are required to respond to information or proof approval requests within three days. Failure to respond may result in Ecommerce Productions using its best judgment on how to proceed.
Delays:
Estimated delivery dates on the Flickerss site are indicative and based on production-ready orders, excluding public holidays or shipping delays. Shipping delays must be addressed directly with the shipping company.
Refund and Returns:
For reprint or refund requests related to defects, users can contact cs@flickerss.com, providing digital images of the damage or defect and a clear description of the problem. Returns can be initiated by sending images to cs@flickerss.com, and if deemed a manufacturing defect, a Return Authorization number will be issued to the customer. Returns are accepted within 90 days from the receipt of the order, and refunds are issued to the original payment method within 7 business days. Return shipping costs are covered by Flickerss.
Miscellaneous:
These TOS are binding on each party and governed by the laws of the State of South Carolina. They may not be assigned or transferred without the written consent of Ecommerce Productions. These TOS constitute the entire agreement between the parties, superseding all prior agreements. User and Ecommerce Productions are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created.
Notice:
All notices under these TOS must be in writing and delivered by US mail, courier, or electronic mail to cs@flickerss.com. Hard copies with signatures and contact information should also be sent to the company address.
Dispute Resolution:
Any disputes arising from these TOS or the use of the Flickerss service will be exclusively resolved through confidential binding arbitration according to JAMS commercial arbitration rules. Disputes will be arbitrated individually, not consolidated, and not pursued as a class action. Either party may bring suit in court to enjoin intellectual property rights infringement. Equitable relief may be sought without posting a bond or proving insufficient damages.
Newsletter Subscription:
By placing an order, you agree to receive promotional emails and newsletters from Flickerss regarding order confirmations.
