Terms of Use



Wacky Buttons, Inc. ("Wacky Buttons") makes this website, including all information, files, images, text, graphics, software, products and services available through the website, available for your use subject to these terms of use ("Terms of Use"). The Terms of Use govern your use of this website; by using this website, you accept the Terms of Use in full. If you disagree with the Terms of Use, or any part of them, you must not use this website.

Wacky Buttons reserves the right to change the Terms of Use and other guidelines or rules posted on this website from time to time at its sole discretion. Your continued use of the website after such notice has been posted constitutes your acceptance of the changes. Your use of the website will be subject to the most current version of the Terms of Use, rules and guidelines posted on the website at the time of such use. You should periodically check these Terms of Use to view the then current terms.

This website uses cookies. By using this website and agreeing to the Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

SUBMISSIONS


This section governs the submission of content ("Content") through this website. Our Terms and Conditions for ordering, shipping, and returns is available here: Terms and Conditions.

For some of the products offered by Wacky Buttons, you will have the ability to submit artwork such as an image, slogan, logo or design (your "Content") through the website. You may only submit Content that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to the Content, or (c) in the public domain. You are prohibited from placing orders and submitting Content that would violate any law or the rights of others, including, without limitation, laws against copyright and trademark infringement.

Wacky Buttons may (but is not obligated to), in its sole discretion, refuse any order because of the Content submitted as part of the order, or for any other reason. To the maximum extent permitted by law, Wacky Buttons will have no liability related to the Content submitted in connection with a particular order. It is your sole responsibility to ensure that your order, and the Content that is submitted with it, complies with relevant law and regulations. Wacky Buttons disclaims all liability with respect to the use or misuse of any items it produces.

You will retain ownership of the Content that you upload to the website. You hereby grant to Wacky Buttons the nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Wacky Button deems necessary to create and produce products. This license is to enable Wacky Buttons to produce your order; we will not sell your Content to other individuals.

INTELLECTUAL PROPERTY


The trademarks, logos, and service marks ("Marks") displayed on this website are the property of Wacky Buttons or other third parties. You are not permitted to use the Marks without the prior written consent of Wacky Buttons or such third party that may own the Marks.

In addition to the products and services offered by Wacky Buttons, this website may also present the works and designs of customers who have permitted us to present their works on the website. You agree to respect such intellectual property, to refrain from copyright infringement and to avoid copying our customers' designs and logos.

Wacky Buttons respects the intellectual property rights of others. If you believe that material located on or linked to this website violates your copyright, you are encouraged to notify Wacky Buttons. Wacky Buttons will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

This website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

YOUR WARRANTY


YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT IN CONNECTION WITH AN ORDER AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT ANY AGREEMENT YOU HAVE WITH WACKY BUTTONS WILL BE DULY AND VALIDLY EXECUTED; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF ANY SUCH AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER, REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS, AND WILL NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.

DISCLAIMERS AND LIMITATION OF LIABILITY


THIS WEBSITE, THE PRODUCTS OFFERED FOR SALE ON IT, AND THE TRANSACTIONS CONDUCTED THROUGH IT, ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE OR SOLD BY WACKY BUTTONS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY PRODUCTS SOLD BY WACKY BUTTONS, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES.

INDEMNIFICATION


You agree to indemnify and hold Wacky Button, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand (including without limitation, attorney's fees and costs) arising from: (i) your use of and access to the this website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. If you have to indemnify Wacky Buttons under this section, Wacky Buttons will have the right to control the defense, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without Wacky Button's express written permission.

GOVERNING LAW AND JURISDICTION


By accessing this website, you and Wacky Buttons agree that all matters relating to your use of this website, or products or services sold or provided by Wacky Buttons, shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. You and Wacky Buttons also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of New York with respect to such matters.

MISCELLANEOUS


The Terms of Use, and any other rules, guidelines, licenses and disclaimers posted on this website constitute the entire agreement between Wacky Buttons and you with respect to your use of the website. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Wacky Buttons to enforce or exercise any provision of the Terms of Use shall not constitute a waiver of that right or provision.