By accessing, using, or placing an order through the Manic Cherry LLC website, customization platform, or related services (collectively, the "Services"), you acknowledge and agree to be bound by the following Terms & Conditions. Users who do not agree to these & Terms & Conditions should refrain from using the Services.
User Content
Any images, artwork, graphics, photographs, text, designs, logos, or other materials uploaded, submitted, transmitted, or otherwise provided by a user through the Services ("User Content") shall remain the sole responsibility of the submitting user.
By submitting User Content, you represent, warrant, and covenant that:
- You own or control all rights necessary to use, reproduce, distribute, display, modify, and authorize the use of the User Content;
- The User Content does not infringe, misappropriate, dilute, or otherwise violate any copyright, trademark, trade dress, patent, privacy right, publicity right, contractual right, or other intellectual property or proprietary right of any third party;
- The User Content does not contain unlawful, defamatory, obscene, offensive, discriminatory, fraudulent, misleading, or otherwise objectionable material;
- Your submission and use of the User Content through the Services complies with all applicable federal, state, local, and international laws, rules, and regulations.
Manic Cherry LLC does not verify, pre-screen, or independently confirm ownership or authorization relating to User Content and expressly disclaims any obligation to do so.
Limited License to User Content
By submitting User Content through the Services, you grant Manic Cherry LLC a non-exclusive, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, process, print, display, transmit, distribute, and otherwise utilize such User Content solely for purposes relating to the production, manufacture, fulfillment, packaging, shipment, support, and administration of the applicable order and related business operations.
Reservation of Rights / Refusal of Service
Manic Cherry LLC reserves the unrestricted right, in its sole and absolute discretion, to refuse, reject, suspend, cancel, remove, or decline any order, User Content, or transaction for any reason or no reason, including but not limited to suspected infringement, unauthorized use of intellectual property, potentially unlawful material, or content deemed objectionable or inconsistent with company policies.
Nothing contained herein shall obligate Manic Cherry LLC to accept, review, produce, manufacture, or fulfill any order submitted through the Services.
Intellectual Property Rights
All content, materials, designs, graphics, branding, logos, trade names, product configurations, photographs, software, website elements, and other proprietary materials associated with the Services, excluding User Content, are and shall remain the exclusive property of Manic Cherry LLC and its licensors and are protected under applicable intellectual property laws.
No rights, title, or interest in or to any Manic Cherry LLC intellectual property are transferred or granted except as expressly set forth herein.
Indemnification
You agree to indemnify, defend, and hold harmless Manic Cherry LLC, its parent entities, affiliates, subsidiaries, officers, directors, employees, contractors, representatives, successors, assigns, and agents from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees and legal costs, arising out of or relating to:
- Your User Content;
- Your use of the Services;
- Your violation of these Terms & Conditions;
- Any actual or alleged infringement or violation of any intellectual property, publicity, privacy, or proprietary right of any third party.
Disclaimer of Warranties
The Services and all products are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or uninterrupted operation.
Manic Cherry LLC does not warrant that the Services will be error-free, uninterrupted, secure, or free from defects.
Limitation of Liability
To the maximum extent permitted by applicable law, Manic Cherry LLC shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages, including but not limited to lost profits, lost revenue, loss of data, reputational harm, business interruption, or third-party claims arising out of or relating to the Services, User Content, or products purchased through the Services, regardless of the theory of liability and regardless of whether Manic Cherry LLC has been advised of the possibility of such damages.
In no event shall the aggregate liability of Manic Cherry LLC exceed the total amount paid by the customer for the specific order giving rise to the claim.
Marketing & Promotional License
By submitting User Content or placing an order for a custom product, you grant Manic Cherry LLC a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to photograph, reproduce, publish, distribute, display, modify, adapt, create derivative works from, and otherwise use the User Content and any resulting custom products, including images, renderings, mockups, photographs, and depictions thereof, in connection with advertising, marketing, promotional materials, social media, portfolio displays, website content, commercial campaigns, and other business purposes in any media format now known or later developed, without further notice, consent, compensation, or approval.
If you do not consent to such use, you must notify Manic Cherry LLC in writing prior to production of the applicable order.
Acceptance of Terms
By clicking "Create," "Checkout," "Place Order," or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms & Conditions.
