CHASING RAINBOWS TERMS AND CONDITIONS
Effective Date: May 16, 2022
Table of Contents
1. Acceptance of Terms and Conditions
2. Chasing Rainbows’ License to You
3. Restrictions on the User License
4. Your License to Chasing Rainbows
5. Privacy Policy
6. Orders and Fees
7. Term, Modifications, and Termination
8. Fonts
9. Security of Data Transmission and Storage
10. Third Party Links
11. Ownership of Intellectual Property
12. Intellectual Property Disputes
13. Disclaimer of Warranties
14. Limitation of Liability
15. Indemnification
16. International Access; Import and Export
17. Miscellaneous Provisions
18. Contact Information
Welcome to Chasing Rainbows!
These Terms and Conditions apply to the Chasing Rainbows website (www.sensorystickers.io or our “Site”) provided by Chasing Rainbows, LLC (“Chasing Rainbows” or “we”) to you.
We understand that legal contracts may not be fun to read, but please review these Terms and Conditions as well as our Privacy Policy closely before you use our Site or any of the products and services offered by Chasing Rainbows (collectively, our “Services”).
The Terms and Conditions set forth the agreement between you and Sensory Stickers (each, a “Party” and collectively, the “Parties”) with respect to each Party’s rights and responsibilities regarding our Services. Your use of our Services constitutes your agreement to be bound by these Terms and Conditions and thus it is important that you read and understand these Terms and Conditions.
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.
1. Acceptance of Terms and Conditions
By using our Services, you understand and agree that these Terms and Conditions are a legally binding agreement between you and Sensory Stickers that is the legal equivalent of a written contract signed by both Parties.
Your agreement to these Terms and Conditions is confirmed by clicking on the “I Agree” or “Accept” or other similarly worded entry field, “button”, or banner (among other similar similar functions) on the Site as well as by your continued use of our Services. You agree that such affirmations and use are legally binding statements indicating agreement to be bound by these Terms and Conditions that are enforceable as the legal equivalent of your handwritten signature. You further consent to electronic communication with Sensory Stickers and agree that transmitting electronic communications to Sensory Stickers will be considered “in writing” for purposes of these Terms and Conditions.
By using our Services, you agree that you have received, reviewed, and understand these Terms and Conditions and that you agree to be bound by these Terms and Conditions after consideration of the information and restrictions on your use of our Services contained herein.
If you do not agree with these Terms and Conditions, we ask that you please discontinue all further use of our Services and delete your account, if applicable.
2. Sensory Sticker’s License to You
a) Grant. Sensory Stickers hereby grants to you and you accept a non-exclusive and non-transferable personal license to access and use our Services (the “User License”) in the manner described in these Terms and Conditions and subject to payment of applicable license, subscription, or product fees. This User License is expressly conditioned on your continued compliance with these Terms and Conditions and on timely payment of applicable fees for the User License. All rights not expressly granted in these Terms and Conditions are reserved to Sensory Stickers. Nothing in these Terms and Conditions obligates Sensory Stickers to continue providing access to our Services beyond the date when Sensory Stickers ceases to provide access to our Services to users generally.
b) Prohibition on Transfer. Any attempts to transfer the User License to another party without the express written consent of Sensory Stickers will be invalid and void, including without limitation, any attempt to rent, lease, share, sell, transfer, redistribute, or sublicense the User License to any other third party.
3. Restrictions on the User License
You agree to be bound by and comply with the following restrictions on the User License.
a) You agree to use our Services only in a manner and for the purpose for which our Services was designed, including the design and purchase of stickers and other products and services offered by Sensory Stickers. All other uses of our Services must be expressly approved by Sensory Stickers in writing. Further, you will not use our Services for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or otherwise objectionable to Sensory Stickers or harmful to the goodwill of our business, as determined in our sole discretion and at any time. Sensory Stickers expressly reserves the right to terminate your account, if applicable, and stop providing you with access to our Services as a result of any such behavior.
b) Your use of our Services is limited to only your own voluntarily provided data, information, and content, which where applicable, includes designs that you voluntarily submit to us for printing on a sticker.
c) You will not use, upload, post, reproduce, or distribute any information, content, or other material from our Services that is protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of Sensory Stickers or the appropriate owner in writing.
d) You will not collect or store personal data, or attempt to do the same, of other users of our Services.
e) You will not take any action or upload any content that may interrupt, limit, or interfere with the functionality of our Services, or of any service, network, or hardware that supports our Services.
f) You will use the Services in a manner consistent with applicable laws and regulations and in accordance with these Terms and Conditions, as they may be amended by Sensory Stickers from time to time.
g) You will not decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, create unauthorized copies, or create derivative works of our Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). You will not access our Services for any competitive purpose. You also agree that you will not assist third parties in such prohibited acts.
h) You will take reasonable measures to maintain the security of your account, including, but not limited to, protecting your account credentials, selecting a secure password, and using your account only on devices that you own or control.
i) You will not provide access to, or allow, unauthorized third parties to use your account. Authorized third parties, such as your employees or family members, may use your account with your express permission except if such use would otherwise violate these Terms and Conditions and our Privacy Policy. As a non-limiting example, you will not provide access to our Services to children under the age of 13. However, you understand and agree that you are solely responsible for any actions taken and fees due that originate from your account, including actions by you, your authorized third party users, and unauthorized third parties. You agree to defend and hold Sensory Stickers harmless from any disputes regarding actions on our Services that originate from your account.
j) You will not use, or attempt to use, automated programs or software to access our Services. Automated access to the Services is strictly prohibited.
Violation of the restrictions on the User License above, or of any other provision of these Terms and Conditions, will be considered a default of these Terms and Conditions and Sensory Stickers reserves the right, in its sole discretion, to take appropriate corrective action, including but not limited to, disabling or deactivating, either temporarily or permanently, any accounts that fail to comply with these Terms and Conditions.
4. Your License to Sensory Stickers
Through your use of our Services, you may choose to submit product reviews, feedback, suggestions, sticker design ideas and designs, and other like content (collectively, “User Content”). Sensory Stickers does not claim ownership of User Content. However, by providing User Content to Sensory Stickers, you hereby grant Sensory Stickers and our affiliates, and we hereby accept, a world-wide, royalty-free, perpetual, non-exclusive, transferable, and fully sublicensable right and license to store, use, access, reproduce, distribute, edit, translate, adapt, prepare derivative works of, display, perform, sell and publish the provided User Content (the “Sensory Stickers License”).
Further, you represent and warrant that any such User Content is an original work of your own authorship that does not violate copyrights or other intellectual property rights of any third party. Sensory Stickers expressly reserves the right to review, moderate, and reject User Content that may be unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or otherwise objectionable to Sensory Stickers or harmful to the goodwill of our business, as determined in our sole discretion and at any time. You agree to defend and hold Sensory Stick harmless from any all claims relating to intellectual property infringement, as well as any other claim for the rejection of User Content.
Should you develop one or more sticker designs, you agree that the above Sensory Stickers License will provide Sensory Stickers with the right to store, use, and access the sticker designs, as well as other information and data associated with the User Content for any activity that is within the scope of our business. By uploading User Content, including sticker designers, you agree that Sensory Stickers has the right to sell access to this information or products embodying these designs to third parties, such as to our other customers.
Further, you understand that posting User Content is solely at your own risk and that you are solely responsible and liable for the consequences of doing so.
5. Privacy Policy
Your use of our Services is also governed by our Privacy Policy. The Privacy Policy is hereby incorporated in these Terms and Conditions in its entirety, as the same may be modified from time to time.
6. Orders and Fees
Sensory Stickers may, from time to time, require payment of fees for certain products and services. For example, Sensory Stickers may charge a fee for a subscription service or for the sale of our products. You agree to pay the indicated fees at the time they are due. The amount of fees due and the type of fee are determined by Sensory Stickers in their sole discretion according to market factors and may be changed from time to time. Sensory Stickers reserves the right to charge late charges in an amount determined in the sole discretion of Sensory Stickers on any fees that have not been paid within 30 days of the original fee due date, and to terminate provision of, or otherwise restrict access to, our Services if such fees are not timely paid. Access to our Services may be reinstated by making payment in full of any current and past fees due on your account.
When we update our pricing structure and the amount of fees due, we will use reasonable efforts to provide you with advanced notice of the same so that you may decide whether to continue using our Services. For example, before taking an action through our Site that requires payment of a fee, the user may be prompted to confirm acceptance of the stated fee for the associated products or services. However, the above will not be construed as creating an obligation for Sensory Stickers to provide you with a set amount of, or any, advance notice regarding a change in fees due for use of our Services.
The fees due from your use of our Services and for ordering certain products from our Site may be collected and processed by a third party payment processor, such as Squarespace and others. Our use of your payment information is governed by our Privacy Policy, but the use of such information by others is in accordance with their own privacy policies and terms and conditions to which we are not a Party. You agree to defend and hold Sensory Stickers harmless from any and all claims relating to payment of fees and disclosure of such information that did not directly originate from Sensory Stickers.
Sensory Stickers reserves the right, in our sole discretion, to refuse, cancel, adjust, modify, limit, or otherwise change any order placed through our Services that does not comply with these Terms and Conditions. In addition, Sensory Stickers does not permit orders placed by third party distributors (dealers, resellers, distributors, etc.) to protect the integrity of our products without express written permission from an authorized representative of Sensory Stickers. Sensory Stickers likewise reserves the right to refuse, cancel, adjust, modify, limit, or otherwise change any order that we receive that we determine may be placed by such a party in our sole discretion. If you would like to resell or distribute our products, you are welcome to contact us at the information provided below. In the event we make a change to your order, we will attempt to contact you within a commercially reasonable time.
Your carrier’s data rates may apply to your use of our Services. Sensory Stickers has no responsibility or obligation to pay your carrier service charges or data charges related to your use of our Services.
7. Marketing
By agreeing to these Terms and Conditions, providing certain information to Sensory Stickers, and using our Services, you acknowledge and agree that we may send you marketing communications about our products and services, including but not limited to, emails and text messages. We may also share your information with, and send messages with assistance of, third parties such as Squarespace and others in accordance with our Privacy Policy. You can opt out of these communications by accessing the “unsubscribe” link found in our emails or by replying to text messages with STOP, or as otherwise instructed in the message. We will resume sending these marketing communications when you affirm your consent to receive the same and we will continue sending such communications until you opt out.
Message and data rates may apply for these communications that you are solely responsible for. You agree to defend and hold Sensory Stickers harmless for any such message and data rates, or other costs, fees, and expenses associated with our marketing communications.
8. Term, Modifications, and Termination
These Terms and Conditions will be effective as of the date of your first use of our Services or the date of your agreement to these Terms and Conditions, whichever is earlier, and continue in perpetuity until the earlier of (i) deletion of your account; or (ii) discontinuation of our Services by Sensory Stickers.
These Terms and Conditions may be updated, edited, modified, changed, or revised at any time and from time to time in the sole discretion of Sensory Stickers. Changes to these Terms and Conditions become effective when an updated version of the Terms and Conditions are posted to our Site. As such, we ask that you check these Terms and Conditions periodically for updates. We will use reasonable business efforts to provide you with notice of an update or change to these Terms and Conditions, but we are not obligated to provide notice to you. Each use of our Site constitutes a separate affirmation or acceptance of the Terms and Conditions in effect at that time, including any changes to these Terms and Conditions that went into effect since your prior use(s). The most recent version of these Terms and Conditions supersedes all previous versions.
Any new features that are added to our Services, including the release of new features, integrations, tools, resources, or applications, will be subject to these Terms and Conditions. Your continued use of our Services after any such change(s) will constitute your full consent to these Terms and Conditions with respect to such changes and new features.
You may terminate this agreement at any time by deleting your account and discontinuing all access and use of our Services. Sensory Stickers may terminate this agreement at any time in their sole discretion. Sections 4, 5, 11, and 13-16 of these Terms and Conditions will survive termination by either Party.
9. Security of Data Transmission and Storage
When you upload or create User Content on our Site, we may transmit that data and information to remote servers and certain third parties, such as our manufacturer(s) and Squarespace (our website hosting provider), to provide our full range of Services. You expressly consent to storage of User Content on our servers or third party servers and transmission of User Content between Sensory Stickers, the servers, and to these third parties. Not all communications or transmissions of data are encrypted. Submitting User Content through our Site is solely at your own risk and you understand and agree that we may store User Content for future access, use, and sales in accordance with these Terms and Conditions and our Privacy Policy. Please see our Privacy Policy for more details regarding how we store and protect your information.
10. Third Party Links
Our Services may contain links to other third party websites or applications, or we may have a relationship with certain third parties for provision of our Services to you, as described herein. While Sensory Stickers endeavors to work with companies that meet our standards for our customers, Sensory Stickers does not control such other parties and their websites or mobile applications, and Sensory Stickers and its affiliates and agents make no representations whatsoever concerning the content, accuracy, or security of those sites. The fact that Sensory Stickers has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its affiliates or its providers. Your use of third party websites and mobile applications is solely at your own risk and you agree to defend and hold Sensory Stickers harmless from any loss or damage caused to you or your business through third party websites or mobile applications.
11. Ownership of Intellectual Property
Our Site is owned by Sensory Stickers or its affiliates, but is operated by Squarespace. Certain aspects of our Site and our Services, including but not limited to the SENSORY STICKERS name, the source and object code, software, user interface, images and other like material are protected by applicable United States intellectual property laws and corresponding international treaty provisions. All content, software, trademarks, services marks, trade names, logos, and icons are proprietary property of Sensory Stickers or its affiliates or agents (such as Squarespace), or are used by Sensory Stickers with permission from third party owners. Nothing contained on our Site, these Terms and Conditions, or the Privacy Policy should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property displayed or contained in our Site without the written permission of Sensory Stickers or such third party that may own the relevant intellectual property. Your use of any intellectual property displayed or contained in our Site, or any other content in our Site, except as provided herein, is strictly prohibited.
12. Intellectual Property Disputes
If you believe your work has been copied in a way that constitutes copyright infringement, or if you believe your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or protected work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on our Site;
d) Your address, telephone number, and e-mail address;
e) 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; and
f) 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 owner's behalf.
Our Copyright Agent for notice of claims of copyright or intellectual property infringement on our Site can be reached as follows:
Attn: Sensory Stickers Legal
Sensory Stickers, LLC
P.O. Box 1884
451 E North Bend Way
North Bend, WA 98045
email: help@sensorystickers.io
It is Sensory Stickers’ policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or who are repeatedly charged with infringement.
13. Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS ENTIRELY AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED BY SENSORY STICKERS ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. SENSORY STICKERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SENSORY STICKERS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) PRODUCTS AND SERVICES PURCHASED FROM THE SITE WILL MEET YOUR STANDARDS AND BE FREE FROM ERRORS OR DEFECTS; (iii) THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENSORY STICKERS, OR THROUGH USE OF OUR SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SENSORY STICKERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, PRODUCT LIABILITY DAMAGES, GOODWILL, LABOR, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SENSORY STICKERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR ANY OTHER MATTER RELATING TO THE SITE OR ORDERED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT SENSORY STICKERS WILL NOT BE LIABLE FOR ANY DAMAGES, SUCH AS ANY OF THE TYPE ABOVE.
In no event will Sensory Stickers be liable to you for any amount of money greater than the amount of fees that you have paid to Sensory Stickers, which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.
You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
15. Indemnification
You agree to indemnify and hold Sensory Stickers and its affiliates, agents, employees, owners, directors, managers, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of these Terms and Conditions, state or federal securities laws or regulations, your use of the Services, or any other person’s rights, including but not limited to infringement of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Sensory Stickers or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use the Services.
16. International Access; Import and Export
We understand that the Site may be accessible worldwide, including in locations outside the United States. However, we make no representation that the Site is appropriate or available for use in any location outside the U.S. We do not represent that Sensory Stickers, these Terms and Conditions, and our Privacy Policy will comply with local laws, rules, and regulations in any locations outside the U.S. You understand and agree that your attempt to access, or your use of, the Site is solely at your own risk and that you are responsible for compliance with local laws, rules, and regulations in your jurisdiction. If our Site does not comply with your local laws, rules, and regulations, we ask that you stop using or attempting to access the Site.
You further agree not to import or export products through the Services in violation of any applicable laws or regulations of the United States. You agree to indemnify, defend, and hold Sensory Stickers harmless from liability for any violation of any such laws or regulations.
17. Miscellaneous Provisions
a) Applicable Law and Jurisdiction. These Terms and Conditions and all future agreements you will enter into with Sensory Stickers, unless otherwise indicated on such other agreement, will be governed by the law of the United States of America and the state of Washington, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Sensory Stickers or any of its affiliates or agents in the State of Washington or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.
b) Severability. If any provision of these Terms and Conditions will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect.
c) Waiver. The failure of Sensory Stickers to exercise or enforce any right or provision of these Terms and Conditions will not operate as a waiver of such right or provision. Any waiver of these Terms and Conditions by Sensory Stickers must be in writing and signed by an authorized representative of Sensory Stickers.
d) Relationship of the Parties. Nothing contained in these Terms and Conditions or your use of our Services will be construed to constitute either Party as a partner, joint venturer, employee or agent of the other party, nor will either Party hold itself out as such. Neither Party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other Party, it being intended by both Parties that each will remain independent and responsible for their own actions.
e) Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Sensory Stickers and govern the terms and conditions of your use of our Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sensory Stickers with respect to the Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including, but not limited to, the Privacy Policy), guidelines, or rules that may apply when you use our Services.
18. Contact Information
We would love to hear from you! If you have any concerns or questions about these terms and conditions or other matters, please direct your inquiry to:
Sensory Stickers, LLC
P.O. Box 1884
451 E North Bend Way
North Bend, WA 98045
email: help@sensorystickers.io