Terms Of Use

[title text=”Terms of Use”]

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE OR CLICKING TO ACCEPT AND AGREE TO BE BOUND SHALL BE YOUR AGREEMENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

1. Acceptance of the Terms of Use

These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), are a legally binding contract between you and sparklesvgpng.com, doing business as Thetumblerdesigns (the “Company”, “Thetumblerdesigns”, “we” or “us”). They govern your access to and use of Thetumblerdesigns.com, including any content, functionality and services offered on or through Thetumblerdesigns.com (the “Website”), whether as a guest, customer, seller, or other registered user (“User” or “you”). By using this site or by clicking to accept or agree to these Terms of Use, you accept and agree to be bound by these Terms of Use and our Privacy Statement, incorporated herein by reference.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security

The Website is a platform that allows designers to market and sell their graphics, designs, fonts and other related products (collectively, “Items”) directly to buyers. The Website contains contributor or designer web pages that are accessible on personalized platforms (“Designer Shops”) for vetted and approved designers or contributors (collectively referred to as “Sellers”) to sell their designs or other contributions, and other interactive features that allow Sellers to post, submit, publish, display, host or transmit content or materials on or through the Website, including monthly Item bundles that are curated and featured by The Website (together with Designer Shops, the “Interactive Services”).

To access the Website and some of the resources it offers, whether as a Seller or a User, you will need to create an account and provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to and on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including without limitation through the use of any of the Interactive Services on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

To create and maintain your account with the Website, you must agree to and abide by the following rules:

You must be 18 years of age or older.

You must provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.

If you’re registering as a business entity, you personally guarantee that you have the authority to agree to any terms on behalf of the business.

You are solely responsible for:

Your account and any activity on your account.

Making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you sign out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including Sellers.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us , at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Rights and Obligations of Sellers

If you are interested in opening and hosting a Designer Shop on the Website, please contact us to negotiate a Seller’s Agreement.

All Sellers and Items must comply with the Content Standards set out in these Terms of Use. The following are additional rules and information for Sellers:

5. Content Standards

These content standards apply to any and all Items and use of the Interactive Services. Items must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Items must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Statement.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Give the impression that the Items or Interactive Services emanate from or are endorsed by us or any other person or entity, if this is not the case.

6. Intellectual Property

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers, and such material is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Website or any content on the Website is transferred to you by these Terms of Use, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

We grant you a limited, non-exclusive, non-transferrable right and license to use the Website for your personal use only, except as otherwise provided in the General Commercial Use License. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company’s material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

If you purchase any Items from the Website, including from any Designer Shop, you may use such Item in accordance with the General Commercial Use License contained in these Terms of Use.

Except as otherwise provided for in the General Commercial Use License contained in these Terms of Use, you must not:

Modify copies of any materials from this Website, including any Designer Shops.

Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark or other proprietary rights notices from copies or materials from this site.

Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

7. Trademarks

The Company name, the terms Thetumblerdesigns, and the Thetumblerdesigns Logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

8. General Commercial Use License

If you make a purchase from or submit an order to the Website, you are granted a license that entitles you to certain personal and commercial uses related to the Item that you purchased or ordered, with the exception of print-on-demand and high-volume production orders.

If you will be using an Item for high-volume production (defined as more than 500 copies) or have made a print-on-demand order, you must purchase an enterprise license from the Website for each individual Item. If you have any additional questions that are not answered by this section, please contact us.

A.Permissible Uses:

You may use any purchased Item for personal and commercial use. This means you may use it for yourself or create a product with or using the Item that you hold for sale.

The purchased Item may be used on a physical product as long as the Item has not been altered or modified.

Example: You purchase a graphic of an elephant from a Seller. You may make a t-shirt with the elephant graphic on it, as long as you do not make any changes to the elephant graphic. You may then sell the t-shirt. Further customization or personalization (such as adding a name) for the purpose of commercial resale is additionally permitted.

Fonts may be used to create commercial use, text-based digital designs, but the font itself cannot be re-sold or re-distributed.

B.Impermissible Uses

The Item itself—in its original digital form as purchased from the Website—may not be resold, sublicensed, transferred, shared, or otherwise re-distributed in its original digital form (e.g., as you purchased it).

The Item may not be included in the sale of another product.

Example: You purchase a design of a flower. You may not include the file of the flower design as part of a bundle of other items held for sale or with the purchase of a t-shirt displaying the flower design.

The Item may not be used with or on print-on-demand services.

Digital cut files may not be digitized and re-sold as embroidery files.

The Website’s images of any Item, or of a finished product containing any Item, may not be used to promote or market your product. This means it is impermissible to use the Website’s stock photos or mock ups of Items listed on the Website, whether for sale, illustration, marketing or otherwise, for your own use.

9. Disclaimer of Representations and Warranties

You understand that we cannot and do not guarantee, represent or warrant that any Item or any file available for downloading from this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for the restoration of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Further, you understand that we cannot and do not guarantee, represent or warrant that any Item or any file available for downloading from this Website, including from any Designer Shop, will include the license purported to be granted by the Seller. You understand that the Company does not design, create or inspect any of the Items sold through our Interactive Services. The Website functions as a marketplace; the Items listed on our Website are designed, created, listed and sold by Sellers who are independent from the Company. The Company therefore cannot and does not make any warranties about the quality or legality of the Items.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BY NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability

You understand that any legal claim related to an Item you purchase must be brought directly against the Seller of the Item. You release the Company from any claims related to Items sold through our Interactive Services, including for defective Items, misrepresentations by Sellers or Items that cause any injury (including without limitation any product liability claims). You understand that the Company is not responsible for the accuracy, copyright compliance, legality or decency of Items posted by Sellers that you access through the Website’s Interactive Services, and you release us from all liability related to such Items. You understand that any interaction with a Seller or other User is made at your own risk, and you release us from all liability relating to such interactions.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR ITEMS ACCESSED THROUGH OR ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify and hold harmless the Company (including any of the Company’s employees, successors and assigns) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any purchase or sale of any Items from the Website, and any other use of the Website’s content, services or products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

The Company retains sole discretion in handling its legal defense and strategy even with your indemnification, and you agree to cooperate with the Company so we can execute our strategy.

12. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses, screen names or user names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm the Company or Users or expose them to liability.

In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

You agree not to:

Use any robot, spider or other automatic devise, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Website.

Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

13. Monitoring and Enforcement: Termination

We have the right to:

Remove or refuse to post any Items for any or no reason in our sole discretion.

Take any action with respect to any Item that we deem necessary or appropriate in our sole discretion, including if we believe that such Item violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any User or the public or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website, including, without limitation, in individual Designer Shops. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

14. Copyright Infringement & DMCA Agent Contact Information

In consideration of the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is the policy of the Company to expeditiously assist you if you believe that any Item has violated your copyright. If we become aware that one of our Sellers or Designer Shops is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the account privileges of that Seller or Designer Shop.

The Company’s designated agent to receive notices of copyright infringement (a “Notice”) is Will Haley, and may be contacted at william@sparklesvgpng.com. You may also contact this agent if you wish to counter a Notice (a “Counter Notice”) submitted against you, or if you would like to withdraw a Notice you previously submitted to the Company.

To be effective, the Notice must include the following:

A physical or electronic signature of the owner whose exclusive right is allegedly infringed or of a person authorized to act on that person’s behalf;

Identification of the copyrighted work claimed to have been infringed;

Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable the Company to locate the material on the Website;

Information reasonably sufficient to permit the Company to contact the copyright owner or his/her authorized agent;

A statement that the copyright owner or authorized agent has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement under penalty of perjury that the information in the notification is accurate, and, if submitted by the owner’s authorized agent, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Following receipt of the Notice containing the information outlined above, the Company will make a timely notification to the U.S. Copyright Office in accordance with the DMCA, and will remove or disable access to the material that is alleged to be infringing and forward the Notice to the alleged infringer, or otherwise take reasonable steps to promptly notify the alleged infringer that the Company has removed or disabled access to the allegedly infringing material.

To be effective, a Counter Notice must be a written communication provided to the Company’s designated agent at the above-provided address that includes substantially the following:

A physical or electronic signature of the alleged infringer;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

The alleged infringer’s name, address and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the United States District Court for the District of Delaware, or, if the address is outside of the United States, for any judicial district in which the Company may be found, and that the alleged infringer will accept service of process from the person who provided notification, or an agent of such person.

Following receipt of the Counter Notice containing the information outlined above, the Company shall provide the complaining party with a copy of the Counter Notice within a commercially reasonable time and inform the copyright owner or authorized agent that the Company will replace the removed material or cease disabling access to it within 14 business days. If the Company’s designated agent has not received notice from the copyright owner or his or her authorized agent within 10 business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, the Company shall restore the allegedly infringing material.

15. Third Party Content

This Website includes content provided by third parties, including materials provided by any Seller. All statements and/or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

16. Changes to the Website

We, or approved contributors to this Website, may update the content on this Website from time to time, but the Website’s content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Any of the material offered in a Designer Shop may not be available at any given time, and we are under no obligation to ensure such material is available.

17. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

18. Online Purchases and Other Terms and Conditions

All purchases through this Website or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by these Terms of Use, including our General Commercial Use License, and by individual Seller Policies.

19. Payment, No Refunds

Please refer to each Seller or Designer Shop for terms of payment for any Item.

Because you will receive a digital copy of an Item purchased, all Items are sold “as is”. You assume the responsibility for your purchase. Except as otherwise required by law, there will be no refunds for any Item, subscription or memberships purchased through this Website.

20. Linking to the Website and Social Media Features

You may link to our homepage or, if you are a Seller, to your Designer Shop, provided you do so in a way that is fair and legal, does not damage our reputation, and does not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.

Send e-mails or other communications with certain content, or links to certain content, on this Website.

Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, including without limitation the terms of ourAffiliate Program. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

Otherwise take any action with respect to the materials on this Website that is inconsistent with any provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

21. Links on the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

22. Geographic Restrictions

The owners of the Website are based in the states of California and Massachusetts. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

23. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any choice or conflict of law provision or rule. You and we agree that the appropriate, exclusive and convenient forum for any disputes related hereto shall be in any state or federal court located in the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country or residence or any other relevant country. YOU AND WE HEREBY IRREVOCABLY WAIVE ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY SUCH COURTS AND TO VENUE IN SUCH COURTS, AND WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION TO ENFORCE OR INTERPRET THE PROVISIONS OF THESE TERMS OF USE.

24. Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising form or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration before a sole arbitrator under the Rules of Arbitration of the American Arbitration Association.

25. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

27. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

27. Entire Agreement

These Terms of Use, our Privacy Statement, and, for Sellers, your Seller’s Agreement, constitute the sole and entire agreement between you and Thetumblerdesigns with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

28. SMS/MMS Mobile Message Marketing Program Terms and Conditions

Thetumblerdesigns (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at customerservice@sparklesvgpng.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Concord, Massachusetts before one arbitrator.The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Thetumblerdesigns’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

29. Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated above in the Copyright Infringement & DMCA Agent Contact Information section of these Terms of Use, in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: customerservice@sparklesvgpng.com.