Terms of Service

Welcome to EmojiStickers.com! Our website and services are provided by EmojiStickers, Inc. (“EmojiStickers”, “we”, “us”, or “our”). These terms and conditions (the “Terms of Service”) govern your (“you” or “your”) access to and use of the EmojiStickers.com website (the “Website”) and all services provided by EmojiStickers via the Website, including our monthly subscription service for stickers and related items (collectively, the “Services”).

The Services encompass the delivery of stickers and related items (the “Products”). Access to the Website, use of the Services, and purchase of the Products are subject to these Terms of Service and the EmojiStickers Privacy Policy available on the Website.

Acceptance of Terms

By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit.

Website Content

EmojiStickers maintains this Website as a service to the user community that visits the Website subject to these Terms of Service. We reserve the right to alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of equipment or for other reasons.

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

  • The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
  • The Content may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.
  • Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except as expressly permitted by these terms of use, or with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

Registration and Membership; Product Sales

To start your ongoing EmojiStickers monthly subscription, you must register as a member on our Website. You can simply provide information about the recipient’s birth month, your shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to EmojiStickers is subject to EmojiStickers' Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website.

As a registered user of EmojiStickers, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by following the unsubscribe process(es) identified in the correspondence.

Monthly Delivery

As a subscribed EmojiStickers member, each month we will ship you a package with a selection of stickers. The package may also include materials that may be used in connection with the stickers, such as note paper (“Products”). Each month of your subscription, the selection of Products may change. Accordingly, EmojiStickers cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

BY SUBSCRIBING, YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.

Billing and Payments

At EmojiStickers.com, your privacy is a priority. Any information you provide to register with us, including credit card details, is handled according to our Privacy Policy.

To enjoy our services, payment must be made in full before delivery. For detailed information about billing, please refer to our FAQ page.

By signing up for our subscription service, your credit card will be automatically charged each month. To ensure uninterrupted service and benefits, if your payment method expires and you don't update your credit card information or cancel your account, we'll continue billing the card on file, even extending the expiration date until we receive notification of invalidity from you or your credit card company.

We use a trusted third-party payment service to process your credit card information securely. By submitting your details, you authorize us to store and process your information with this service. While we take every precaution to protect your data, we cannot be held responsible for any failures on the part of the third-party service. For more information, please review the terms of service of our payment service provider here.

Please note that we may change our payment service provider from time to time to ensure the highest level of security for your information.

Shipping and Risk of Loss

Shipping times and fees depend on the items purchased and the destination. Here's how we handle shipments:

Subscriptions:

  • Cut-off for Monthly Packs: The last day of the previous month determines the month's subscription. For instance, payment on January 31st buys the February Subscription.
  • Shipping Schedule: We ship within 7 business days from the start of the month, excluding weekends and holidays.
  • Shipping Fees:

Online Store Orders:

  • Order Processing: Orders are packed and shipped within 5-7 business days, excluding weekends and holidays.
  • Shipping Fees: Calculated based on weight and size using rates from USPS, FedEx, and UPS, plus a small handling fee.

Once your package is handed over to the carrier, any delays caused by them are beyond our control. We're not responsible for covering or crediting shipping costs for carrier-related delays.

International orders may be subject to import taxes and fees levied by the destination country. Recipients are responsible for these charges.

For claims of lost or damaged items, please notify us within 30 days of the order's receipt date for subscription orders and online store orders. See our returns and exchanges policy for details.

Returns, Refunds, and Exchanges

We want you to be happy with your purchase! If you're not satisfied, you have 30 days to return unused items in their original packaging for a refund. All returns require prior approval and a Return Authorization Number (RA#).

Please note that some items, like those marked "All Sales Final" or included in Sale and Clearance, are not eligible for return.

For damaged, incorrect, or missing items, contact our Customer Service team for assistance. Return shipping costs apply unless otherwise specified.

Refunds are issued to the original payment method, minus return shipping costs. Allow up to 2 weeks for processing.

Limitation of Liability

At EmojiStickers.com, we prioritize transparency and fairness. Therefore, we want to make clear our liability limitations:

In no event shall EmojiStickers.com, or any of its officers, directors, employees, or affiliates, be liable to any user of our website or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services. These damages may arise out of the use, inability to use, unauthorized access to or use or misuse of our products or the website, or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages or losses.

By using our website, services, or products, you agree that EmojiStickers.com's total cumulative liability in connection with these terms and conditions, the website, the content, or any product or services shall not exceed the amount you paid to EmojiStickers.com in the then-prior calendar month.

Indemnification

By using our website, services, or supplied products, you agree to indemnify, hold harmless, and defend EmojiStickers.com from any claims, damages, losses, liabilities, and all costs and expenses of defense. This includes attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with the use of our website, services, or products by you or any other person accessing the website using your member login account.

Content Submitted by Users

Accuracy is paramount. While using our website, you agree to provide accurate, complete, and up-to-date information as requested. We are not responsible for the conduct of users or the views expressed in content submitted for public display through our website. However, we reserve the right to monitor and edit or remove any material that violates our terms and conditions or is otherwise objectionable.

Prohibited Content

By accessing our website or any related online discussion forum, you agree not to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable. Additionally, you agree not to engage in disruptive activity, introduce harmful code, invade privacy, or violate any laws or regulations.

Submitted Content

We respect intellectual property rights. By submitting content to our website, you grant us a license to use, distribute, reproduce, modify, adapt, create derivative works, and publicly perform or display such content. You represent that you have the right to grant us this license and that the content does not violate any laws or rights of others.

Minors

Our services are intended for individuals who are 18 years and older. Individuals under 18 can use our services only with the supervision of a parent or legal guardian.

Intellectual Property Rights

All content on our website is the property of EmojiStickers.com and protected by copyright law. Product names and trademarks belong to their respective owners. You may not use our trademarks without permission.

Copyright Infringement; Notice and Take Down Procedures

If you believe that any materials on our website infringe your copyright, you may request their removal. We maintain a policy for terminating users who are repeat infringers.

Security

You are responsible for safeguarding your login and password. Notify us immediately if you suspect unauthorized use of your account. We are not responsible for losses caused by your failure to protect your login credentials.

Disclaimer of Warranty

At EmojiStickers.com, we prioritize transparency and fairness. Therefore, we want to make clear our disclaimer of warranty:

You are solely responsible for determining if the products are suitable for use by the intended recipient. Under no circumstances will we be liable for any loss or damage caused by your use of the products or your reliance on information in any content on this website. You agree that your sole and exclusive remedy arising from or relating in any way to any product shall be its replacement or a credit towards another monthly shipment, in EmojiStickers.com’s discretion.

You may return defective products within thirty (30) days of delivery. Except as expressly provided herein, all products supplied, and all text, images, and other information on or accessible from this website are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, EmojiStickers.com does not warrant that: (i) the information available on this website is free of errors; (ii) the products or services are not defective; (iii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by this website will be uninterrupted, secure, or free of errors; (iv) defects will be corrected, or (v) this website or the server(s) that make it available are free of viruses or other harmful components.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Links to Third-Party Websites

This website may contain links to third-party websites provided to you as a convenience. Any outside website accessed from our website is independent from EmojiStickers.com, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third-party websites.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by EmojiStickers.com of that third party or of any product or service provided by a third party. Likewise, a link to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such a website. EmojiStickers.com does not endorse, warrant, or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this website and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Jurisdictional Issues

We make no representation that information on this website, or the products or services we provide, are appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

We may terminate any user’s monthly subscription or access to our website or services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website or services.

Enforcement

It is essential to clarify how we handle disputes and enforce agreements at EmojiStickers.com:

This Agreement will be interpreted and construed according to the laws of the State of California. Venue for any dispute arising under this Agreement shall be in the courts in and for San Luis Obispo County, California.

Except for any claim seeking the exercise of the injunctive or equitable powers of a court of competent jurisdiction, any action to enforce or interpret this Agreement, or to resolve disputes with respect to this Agreement, shall be settled by arbitration in accordance with California Code of Civil Procedure Sections 1280 through 1294.2 and any successor provisions thereto. The provisions of California Code of Civil Procedure Section 1283.05 regarding the right to take depositions and obtain discovery shall apply to the arbitration. Arbitration shall be the exclusive dispute resolution process. Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. The place of arbitration shall be in the County of San Luis Obispo, California. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorneys' fees, costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. The arbitrator (if permitted under applicable law) or such court may issue a writ of execution to enforce the arbitrator's decision. Under no circumstances shall the arbitrator be authorized to award punitive damage awards, including, but not limited to, federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.

Severability

If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Children's Privacy and Parental Controls

EmojiStickers.com prioritizes the privacy and safety of children online. This website is not intended for persons under the age of 13, and we have no intention of collecting or soliciting personal information from persons under the age of 13. If you are not 13 or older, you are not authorized to use the website.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

For Additional Information

If you have any questions about these Terms and Conditions, please contact support@emojistickers.com.

Contests & Giveaways

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

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