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Terms & Conditions

 

Welcome to the idealcases.com (co.uk) website ("Site"). Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these rules.

 

General

We may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

 

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by The Makers & Me Ltd. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by APD.

The Contents of our Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of our Site (the "Users"). You may download or copy the Contents displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents from the Site.

 

Restriction of Liability

The Makers & Me Ltd and idealcases.com (co.uk) (collectively "The Makers & Me") will not be liable for any damages or injury caused by the use of the Site, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. The Makers & Me Ltd will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in the Site, even if there is negligence on The Makers & Me Ltd’s part or if an authorised The Makers & Me Ltd representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. To the extent allowed by law, The Makers & Me Ltd’s total liability to you for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will be limited to the amount you paid to access this site.

 

Trademark Information

idealcases.com (co.uk) is a trademark of APD, registered in the UK. Other APD products or services names or logos referenced in the Site are either trademarks or registered trademarks of APD, or trademarks licensed to APD. The absence of a product or service name or logo from this list does not constitute a waiver of APD’s trademark or other intellectual property rights concerning that name or logo. All other products and company names mentioned in the Contents of the Site may be trademarks of their respective owners.

 

Copyright Statement

All content included on this site, including text, graphics, logos, icons, images, and software is the property of APD and protected by UK and international copyright laws. APD’s logos, products and service names are exclusively owned by APD. Any reproduction or use of any of the contents of this Site without the express written consent of APD is prohibited.

 

Links to Other Websites

The Makers & Me makes no representation whatsoever regarding the content of any other websites, which you may access from the Site. When you access a non-The Makers & Me website, please understand that it is independent from idealcases.com (co.uk) and that The Makers & Me has no control over the content on that website. A link to a non-The Makers & Me website does not mean that The Makers & Me endorses or accepts any responsibility for the content or use of such website.

 

Indemnification

You agree to defend, indemnify and hold The Makers & Me harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site by either you or The Makers & Me. You must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

 

Termination

This Agreement is effective unless and until terminated by either you or The Makers & Me. You may terminate this Agreement at any time. The Makers & Me may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in The Makers & Me’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or The Makers & Me, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

 

Disclaimer

This site and all contents of the site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that, to the extent allowed by law, sole creator shall not be liable for any damages of any kind related to your use of this site.

 

Miscellaneous

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting APD products and services available in the United Kingdom and select foreign markets. This Site is controlled and operated by The Makers & Me from its offices in Rugby, Warwickshire, United Kingdom.

 

Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by APD, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorisation of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.

You retain all ownership rights to your Content submitted to the Site. By submitting Content to The Makers & Me, you grant The Makers & Me a non-exclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.

You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with the terms and conditions of this Agreement, APD grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to The Makers & Me (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to The Makers & Me upon their submission or communication to The Makers & Me, and you do assign all rights therein to The Makers & Me and agree that the same will automatically become the property of The Makers & Me and that The Makers & Me may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose The Makers & Me may elect, forever.

 

User Conduct

In using this Site, you agree to not:

    • Upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libellous, tortuous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
    • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
    • Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, national, or international law;
    • Upload, download, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
    • Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • Upload, download, post, email or otherwise transmit false or misleading information;
    • Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
    • Access, tamper with or use non-public areas of the Site. Unauthorised individuals attempting to access these areas of the Site may be subject to prosecution;
    • Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
    • Frame or link to the Site except as permitted in writing by The Makers & Me;
    • Incorporate images or names that would violate a person's right of privacy or publicity; or
    • Incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness.

You acknowledge that The IMakers & Me does not pre-screen submitted Content, but that The Makers & Me and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that The Makers & Me may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, The Makers & Me and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to The Makers & Me. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, The Makers & Me. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither The Makers & Me nor any other party involved with the production of any product incorporating such Content assumes that responsibility. The Makers & Me’s production of any product depicting your Content does not indicate that The Makers & Me approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

You acknowledge and agree that The Makers & Me may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of The Makers & Me, its users and the public.

You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You agree that you are responsible for actions and communications undertaken under your account. The Makers & Me takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against The Makers & Me and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify The Makers & Me and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

You agree that you will use this Site and any products and stamps, ordered on this Site in accordance with all applicable United Kingdom and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

 

Warranty

You represent and warrant that you are the owner of the content which you submit 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 this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this agreement are within your legal capacity and power; have been duly authorised by all requisite action on your part; require the approval or consent of no other persons; and 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.

  

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, and use of the Site or access to the Site without APD’s express written consent.

    

Customisation Policy

For The Makers & Me products, you may customise your case using a combination of letters, numbers, colours and images for a personalisation that will appear on your Ideal product. While we honour many personal designs, we cannot honour every one. Unfortunately, at times we must decline designs that may otherwise seem unobjectionable. If your personal design is declined, your order will be cancelled and you will be notified via email. A personal design may be declined for any one of the following reasons:

    • It might violate another party’s trademark or other intellectual property rights. These may include words, phrases, celebrity’s names, and even certain colour combinations when used in connection with particular words or geographic designations.
    • It contains profanity, inappropriate slang, might be considered insulting or discriminatory, might be construed to incite violence, or may simply contain material that we do not wish to place on our products.

Due to the personalisation of the products, The Makers & Me are unable to check every design submitted for copyright infringement. A Customer is obliged to agree to a design copyright disclaimer, before their order can be processed. Ideal cases are made to a Customer’s exact design and specifications, and as such are exempt from Consumer Protection (Distance Selling) Regulations 2000.

The Makers & Me reserves the right to cancel any personal design after it has been submitted.

We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. We regret that we cannot accept returns or exchanges as a result of colour variances.