Terms & Conditions
Overview
This website is operated by Proud Grandfan, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Proud Grandfan, LLC. These Terms of Use (the “Terms”) describe the terms and conditions that apply to your use of this and other Proud Grandfan, LLC websites, mobile applications and social media channels, as well as the purchase of Proud Grandfan, LLC’s designed physical merchandise (the “Designs”) and related services (collectively, the “Services”). Proud Grandfan, LLC’s offer of its Designs on this site is made available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. By accessing, using or interacting with the Services in any way, whether as a browser, vendor, customer, merchant and/or contributor of content, you agree to be bound by these Terms.
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If you do not agree to all the terms and conditions of this agreement, then you may not purchase any Design or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
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We recommend you review these Terms each time you purchase a Design or use the Services, and that you print a copy of these Terms for your future reference.
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Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our Design products to you.
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SECTION 1 – REPRESENTATIONS REGARDING YOUR USE OF THE SERVICES
By placing an order for Designs through our site, you represent that: (i) you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site; (ii) you are legally capable of entering into binding contracts; (iii) you will not copy, distribute, resell or share the Designs other than as allowed under these Terms; and (iv) you will not use our products for any illegal or unauthorized purpose or, in the use of these Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 – PERSONAL INFORMATION
You do need to register with our site to place an order for a Design; however, you will be required to provide certain information including certain personal and payment/billing details so that we can process your order. You agree that we may store, process and use personal data collected from you solely for the purposes of processing/fulfilling your order. We work with third parties that help us provide the Designs to you, including electronic fulfillment, credit card payment and collection companies, and they will also have access to your personal data to the extent necessary to help us process/fulfill your order. For further information about how we may store, process and use your personal data, please refer to our Privacy Policy.
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You agree to provide us with truthful, complete and accurate details. You further agree to provide us with your details only. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.
SECTION 3 – LICENSE TO USE THE DESIGNS
All Designs available through the site are the sole property, owned and controlled, by Proud Grandfan, LLC and are protected by intellectual property rights.
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Any use of Designs purchased through the site is subject to these Terms. Upon payment of the price for any Design, we grant you a non-exclusive, non-transferable license to use the Design consistent with these Terms.
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You agree that you will use Designs for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or transfer any Designs to anyone else. Nothing in these Terms grants to you any rights other than those expressly set out herein. These Terms do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Design.
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We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these Terms and to prevent your unauthorized use of this site and/or suspend your access to our Designs.
SECTION 4 – AVAILABILITY AND DELIVERY OF DESIGNS
All Designs featured on our site are subject to availability. We reserve the right to change or remove a Design or other content on the site at any time without notice or liability to you or to any third party. For example, we may have obtained rights from third parties to make the Design available and, in the event we lose these rights, we may need to remove the Design from the site and make it unavailable for purchase.
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We reserve the right, but are not obligated, to limit the sales of our Designs to any person, geographic region or jurisdiction or to reject any order we receive. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Designs that we offer. All descriptions of Designs or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Design offering at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 5 – PRICING AND PAYMENT FLOW
We will determine in our discretions from time to time whether and which Designs are to be made available, on payment by you of the relevant price or in return for some other consideration (for example by signing up to our mailing list). Some Designs may be limited to certain sizes. Prices for Designs are liable to change at any time without notice, but changes will not affect orders in respect of which we have already taken payment and made the download available.
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The price of any Design will be as quoted on this site at the then current time, except in the case of obvious error. We will not accept any offers for Designs other than at the then-current price. Designs may be purchased individually or purchased as part of a larger order. We reserve the right to make certain Designs available only as part of a larger product offering.
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We use our best efforts to ensure the prices of Designs displayed on our site are correct. However, our site contains a large number of Designs and it is always possible that, despite our best efforts, some of the Designs listed on our site may be incorrectly priced. If a Design’s correct price is higher than the price stated on our site at the time you place your order and we have not yet taken payment or otherwise fulfilled a Physical Design order, we will normally, at our discretion, either contact you for instructions before fulfilling the Physical Design order (i.e., to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
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We are under no obligation to provide the Design to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake. We reserve the right to withdraw from any contract for Designs in the case of obvious and unmistakable pricing errors.
SECTION 6 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Design product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
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We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
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By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the Designs and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.
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All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment, we will contact you to discuss the next steps.
SECTION 8 – CANCELLATIONS AND RETURNS
We take great care in providing our Designs. In the unlikely event of faults with, or damage to, the Designs, please contact us at support@proudgrandfan.com. We will repair or replace any such faulty or damaged Design if possible or, if there are continuing issues with the Design, we may issue you a refund. You must notify us within 7 days after receipt of the Design of any defects in or damage to the Design. If you fail to notify us within this time, we will have no liability to you. Notwithstanding the foregoing, you understand that your exclusive remedy and our sole obligation for a defective Design shall be that we will provide a replacement copy of a defective Design or repair or replace the same.
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Please note that we cannot guarantee that the quality or format of any Design purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section. We have made every effort to display as accurately as possible the colors and images of our Designs. We cannot guarantee that your computer monitor's display of any color will be accurate.
SECTION 9 – OPTIONAL TOOLS
In connection with our provision of the Services, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
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Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
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We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 10 – THIRD-PARTY MATERIALS AND WEBSITES
Certain content, products and services available via our site may include materials from third parties.
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Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
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We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 11 – USER GENERATED CONTENT
Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content (collectively “User Content”) that you (i) submit or post on any Proud Grandfan, LLC website, on any of our blogs, social media accounts or through any tools or applications we may provide now or in the future for posting or sharing such content with us; or (ii) post or upload to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, that identify or are associated with Proud Grandfan, LLC and/or any Designs, including without limitation any social media posts that you have tagged with @Proud Grandfan, LLC, @Proud Grandfan, #Ima Proud Grandfan, #Proud Grandfan, or any other Proud Grandfan, LLC brand hashtags, shall be deemed nonconfidential and nonproprietary. By submitting or posting any such User Content, you grant to Proud Grandfan, LLC and its affiliates an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, non-exclusive, worldwide, sublicensable, transferable, worldwide license to copy, reproduce, publish, distribute, display, transmit, broadcast, host, translate, modify, reformat, create derivative works from, combine with other materials, alter, edit, archive, store, cache, use or otherwise exploit all or any portion of the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in Proud Grandfan, LLC’s sole discretion, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to on its webpages, social media accounts, emails, newsletters, printed and electronic marketing materials, and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice or other obligation to you. You further grant Proud Grandfan, LLC the right to use your social media account handle, username, real name, profile picture, image, likeness, caption, location or other identifying information included in or associated with any User Content.
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You hereby represent and warrant that (i) you own or control any and all rights in and to your User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; (iv) Proud Grandfan, LLC’s use of your User Content as described herein will not violate the rights of any third party or any law; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) include anyone’s identification documents, contact information or sensitive financial information or (e) contain computer viruses, worms or other harmful files. You hereby release, discharge and agree to hold Proud Grandfan, LLC, its officers and employees, and any person acting on Proud Grandfan, LLC’s behalf harmless from any liability related in any way to the Proud Grandfan, LLC’s use of your User Content. You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content.
SECTION 12 – VIOLATION OF THESE TERMS OF USE
If you are in breach of, or we suspect you are in breach of, these Terms, then we may take any/all of the following actions:
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- Issue a warning to you
- Take immediate action to temporarily or permanently withdraw your access to your account and/or to the site;
take legal action against you
- Disclose information to law enforcement authorities as we reasonably feel is necessary
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The responses described above are not limited and we may take any action we reasonably deem appropriate.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services or access to our Design offerings will be uninterrupted, timely, secure or error-free.
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We may make this site unavailable for indefinite periods of time or cancel the Services at any time, without notice to you. You agree you will have no claim against us, in respect of any decision to remove Designs from this site or any decision to suspend or terminate your access to this site or to Designs (including by way of purchase) through the site.
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You expressly agree that your use of, or inability to use, the Services to purchase Designs is at your sole risk. The Services and all Designs delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
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In no case shall Proud Grandfan, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Designs procured using the Services, or for any other claim related in any way to your use of the Services or any Designs, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or Design) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Proud Grandfan, LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
SECTION 16 – NOTICES
All notices given by you to us must be given by email to support@proudgrandfan.com. We will give notice to you at the email address you provide to us as part of the order process or your account registration. Notice will be deemed received and properly served immediately when posted on our site or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to, and received by, the specified email address of the addressee.
SECTION 17 – EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any delay or failure to perform any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”), including, but not limited to, acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services.
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Our performance under these Terms will be suspended for the period that the Force Majeure Event continues, and we will be entitled to a reasonable extension of time for the performance of our obligations under these Terms after notifying you of the nature of extent of such Event. We will use commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Designs may be performed despite the Force Majeure Event.
SECTION 18 – ENTIRE AGREEMENT; SEVERABILITY
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services and purchase of the Designs, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
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In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Ohio.
SECTION 20 – QUESTIONS OR COMPLAINTS
If you have any queries at all regarding this site, the Designs featured on the site, or the Terms, please do not hesitate to contact us via e-mail at support@proudgrandfan.com, and we will be more than happy to assist you.