Terms and Conditions
Terms and Conditions of Sticky Brand Creative Group LLC
These Terms govern the use of Sticky Brand Creative Group LLC dba Sticky Brand, and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully.
208 Flynn Ave STE 2C
Owner contact email: email@example.com
This document is a legal agreement between you, the User, and the entity providing Sticky Brand. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages Sticky Brand as outlined in the present document. “Sticky Brand” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Sticky Brand or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice. The Owner reserves the right to suspend or terminate the User’s account at any time and without notice if it believes that:
- User has violated this Agreement; and/or
- User’s access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
- the use of Sticky Brand by the User may result in violation of law or regulations; and/or
- in case of an investigation by legal action or governmental involvement; and/or
- the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
Content available on Sticky Brand
The content available on Sticky Brand is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause. The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User’s device. Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Sticky Brand, nor allow any third party to do so through the User or its device, even without User’s knowledge. Where explicitly stated on Sticky Brand, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Sticky Brand, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Sticky Brand. The Owner is not responsible for the content provided by third parties or for its availability.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Sticky Brand, that they upload and post on or through Sticky Brand, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service. The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal. In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:
- other Users file complaints;
- a notice of infringement of intellectual property rights is received;
- it is decided to do so in view of, or as a result of, legal actions;
- said action is solicited by a public authority; or
- if it is believed that the content, while being accessible via Sticky Brand, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Sticky Brand. Unless stated otherwise, the following applies: By submitting, posting or displaying content on or through Sticky Brand, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
Services provided by third parties
Users may use third-party services or content included in Sticky Brand, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms. Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Sticky Brand or any portion of it;
- circumvent any technology used by Sticky Brand or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Sticky Brand;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Sticky Brand or its content;
- rent, lease or sublicense Sticky Brand;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- misappropriate any account in use by another User;
- register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Sticky Brand in any way;
- use Sticky Brand in any other improper manner that violates the Terms.
By placing an order from Sticky Brand and in addition to the other rights you grant us in the Terms, you grant us the non-exclusive right to use your Item in our marketing and as product samples, as well as to display a copy of your Item on our website or other marketing materials. If you do not wish to have your Items used let us know, and we will gladly adhere with your request.
Right of Refusal
StickyBrand does not condone or endorse the content or expressions of orders submitted and disclaims any and all liability in connection to orders received. We reserve the right at our sole discretion to deny, or cancel any orders that are submitted to us, whether through the Site or otherwise, and can reject orders or Artwork without giving our reason for doing so. We value the freedom of speech and self expression; however, there is no place for hate speech in the world. We will not print content promoting violence or hatred against individuals or groups.
Sticky Brand provides for additional services or subscriptions available upon payment of a fee. The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of Sticky Brand.
Methods of payment
Sticky Brand uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way. Any declined payment costs shall be borne by the User.
Offers and discounts
The Owner reserves the right, at its sole and unquestionable discretion, to offer discounts and / or offers for a limited period of time. The conditions of these discounts and / or offers will be specified each time on the corresponding information page of Sticky Brand. Each discount and / or offer will be valid for the fixed term or, where appropriate, while stocks last. If the discount and / or offer are for a limited time only, the time refers to the time zone of the Owner, as indicated by its location in this document.
Sticky Brand accepts requests for cancellation and refund by the Users only for the portion of Service not yet provided. The fees paid are non-refundable in the event that:
- the Service has already been provided at the time of payment;
- the User had not disabled automatic renewals before the expiration date and the service has been automatically renewed for an additional billing period.
If payments are not paid when due, interest will be added to all payable on all overdue invoices at 2 percent per month, or the maximum percentage allowed under applicable laws, whichever is less. customer shall pay all costs of collection, including without limitation, reasonable attorney fees.
The customer must provide notice to the company of any disputes relating to such invoices within seven (7) business days following the date of invoice, upon which the parties will acknowledge all amounts specified in such invoices as final and complete.
Localk pickup of orders
Orders on the Sticky Brand website, designated for local pickup can be made during normal business hours at 208 Flynn Ave STE 2C, in Burlington, Vermont. Normal business hours are Monday through Friday, from 9AM-5PM EST. Upon pickup, the User must verify the contents specifying any anomalies in the content of the order. In case of failure to collect the ordered products within 365 days, the products will be disposed of and will not be eligible for a reprint or refund of the purchase price. Title to and risk of loss of goods shall pass to the customer upon pickup from Sticky Brand facility. Sticky Brand cannot be held responsible for any damage occurring to products after pickup arranged by the User or for delays in pickup availability attributable to facility closure due to weather, illness, pre-planned closures for observance of holidays, or force majeure.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary. Upon delivery, the User must verify the contents specifying any anomalies in the delivery form. In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. Title to and risk of loss of goods shall pass to the customer upon delivery to a common carrier. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Limitations of liability
Sticky Brand and all functions accessible through Sticky Brand are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User’s specific goals. Sticky Brand and functions accessible through Sticky Brand are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Sticky Brand. Therefore, the Owner shall not be liable for:
- any losses that are not a direct consequence of the breach of the Agreement by the Owner;
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of Sticky Brand due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
- incorrect or unsuitable use of Sticky Brand by Users or third parties.
To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Sticky Brand.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Sticky Brand and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Sticky Brand are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Sticky Brand are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
Filing claims under DMCA
Under the Digital Millennium Copyright Act (DMCA), you can request that the Owner remove material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice”, which must comply with the requirements specified by the law. In particular, your “takedown notice” must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a 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;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Mobile Message Service Terms and Conditions
Last updated: 02/10/2022
The Klaviyo mobile message service (the "Service") is operated by Sticky Brand (“Sticky Brand”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Sticky Brand's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Sticky Brand through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sticky Brand. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to 855-743-1039. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Sticky Brand mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Sticky Brand. Users who continue to use Sticky Brand after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Sticky Brand must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Definitions and legal references
Sticky Brand (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (or We)
Indicates the natural person(s) or legal entity that provides Sticky Brand and/or the Service to Users.
The service provided by Sticky Brand as described in these Terms and on Sticky Brand.
All provisions applicable to the use of Sticky Brand and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using Sticky Brand Creative Group LLC.
Latest update: December 29, 2021