Welcome to Innovative Art Concepts, LLC (“IAC”). This agreement ("Agreement") governs your access to and use of this website ("Service" or "Site"). By using this Site, you agree to the following terms and conditions. If you do not agree to these terms and conditions, please do not use our Site.
When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. From time to time we will communicate with you by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirements that such communications be in writing.
Copyright and other Intellectual Property Rights
All content included on this site, such as text, designs, images, trademarks, logos, graphics, pictures, photographs, films, sounds, music, videos, including all audio and video, and other content provided on the Service are the sole property of, and owned exclusively by, IAC or its content suppliers and are protected to the full extent provided under the United States and international copyright, trademark, patent and other intellectual property and unfair competition laws. Under applicable copyright laws, you are prohibited from using, copying, reproducing, modifying, adapting, distributing, displaying, publishing, translating, creating derivative works, or performing or transmitting any of the contents of the Site for any purpose. Nothing herein confers on you any license or right under any copyright of IAC or any third party. Any reproduction, copying, redistribution or use for commercial purposes is strictly prohibited, without the prior written consent of IAC. Notwithstanding the above, IAC grants you a limited, non-exclusive, revocable license to access and make personal use of the Site and to make one electronic or paper copy of the information posted on any page, provided that the copy is used solely for non-commercial, personal purposes, and that any such copy remains protected by and subject to all applicable copyright and other intellectual property rights of IAC or its content suppliers.
“Colorfoldz” and "Cutting Edge Stencils" are trademarks or service marks of Innovative Art Concepts, LLC. All rights in and to these marks and other trademark or service marks, belong exclusively to Innovative Art Concepts, LLC or its content suppliers, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. Nothing herein confers any license or right for you or any third party to use any of the foregoing. The use or misuse of these trademarks, service marks or any other materials, except as permitted herein, is expressly prohibited.
Links to Other Sites
For your convenience, we may provide links to other websites. When you click on one of these links, you will be transferred from this Site and connected to the website of the organization or company that you selected. IAC does not exercise any control over linked sites and is not responsible for the content or practices of such sites. The inclusion of such links is not an endorsement by IAC of any company or the referenced content, product, service, publication, supplier, or retailer and IAC is not responsible for examining or evaluating, and does not warrant, the content, product or offerings of any third party.
Your Obligations/Your Account
You are required to comply with all applicable laws in connection with your use of the Service, and any instructions or warning for access to or use of the Site. As a condition of your use of the Service, you warrant that you will act at all times in good faith and in accordance with the law, failing which you shall be liable to IAC for any losses or damages. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. IAC does not sell products to children. IAC only sells to adults who can purchase products with a credit card or other permitted payment method. If you are under the age of 18, you may use the site only with the involvement of a parent or guardian. IAC reserves the right to refuse service, terminate your account, remove or edit content or cancel orders in its sole discretion.
License Granted to IAC
IAC does not claim ownership of any information or material you transmit, distribute, post, or communicate to or through the Site. However, by submitting or posting information or material on, to or through the Site or on, to or through other sales, marketing or communication channels or platforms that are owned or used by IAC, including, but not limited to, online stores, social media forums, networks or outlets, e-mail or other electronic communications you grant IAC a worldwide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of your posting. IAC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send for any purpose whatsoever including, but not limited to, designing, developing, manufacturing and marketing products using such information. IAC is under no obligation to maintain any posting you make and may remove any posting at any time in its sole discretion. By posting or submitting content to this Site, you represent and warrant that you own or otherwise control all of the rights to the content of the public posting, and that use of your content by IAC will not infringe or violate the rights of any third party.
Notice of Copyright Infringement
IAC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an e-mail or written notice of infringement and provide the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed; (ii) identification of the copyrighted work(s) that you claim has been infringed; (iii) a description of the material that you claim is infringing and the location of the material on the Site; (iv) your address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claim of copyright infringement can be sent to: Copyright Agent, 630 Swan Street, Ramsey, New Jersey 07446, telephone number (201) 962-7236, e-mail: firstname.lastname@example.org. IAC will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement that satisfies all applicable legal requirements. United States law provides significant penalties for submitting such a statement falsely.
You agree and consent to the terms of the Privacy Statement, a copy of which you should review by clicking here.
Accuracy of Information
Any statements, information, instructions, directions, advice or expression of opinion are believed to be reliable, but are not guaranteed as to accuracy, timeliness or completeness. The Site may include inaccuracies or errors. IAC assumes no responsibility or liability for any errors or omissions
Any item may be returned within 30 days from the date of purchase. If you would like to return an item, you must first contact IAC and ship the unused, undamaged and unopened item back to us at the address below. Do not ship items using Media mail because it can take weeks to arrive and we cannot issue any refund or exchange the item until we receive the original item from you. Please use the original box or similar packaging to ensure that the item arrives in undamaged conditions. Upon receipt of the unopened and used and undamaged item, we will gladly refund your credit card or PayPal account for the full amount, minus shipping charges and a 10% stocking fee. If you received any damaged or defective item from us, you may return it within 30 days for a full refund including shipping fees or replacement.
Risk of Loss
All items that are purchased from IAC and that are shipped to you are made pursuant to a shipment contract. The risk of loss and title for any purchased items pass to you upon our delivery to the United States Postal Service or other carrier. IAC does not take title to, and is not responsible for, any returned item unless we are notified of the return ahead of time and the returned item is unused, undamaged and unopened.
IAC warrants that our products will be free from defects in material and workmanship and are as advertised.
Disclaimer of All Other Warranties/Limitation of Liability
EXCEPT AS SET FORTH ABOVE, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS", 'WHEREAS' AND "AS AVAILABLE" BASIS. IAC MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER AND YOUR USE OF THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
EXCEPT AS SET FORTH ABOVE, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IAC SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURANCY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
IAC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES ASSOCIATED WITH THE APPLICATION OR USE OF OUR PRODUCTS OR ANY LABOR, INSTALLATION, LOSS OF PROFITS, OR OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER IAC HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. IN THIS EVENT, IF IAC IS FOUND LIABLE, IAC'S MAXIMUM LIABILITY SHALL NOT EXCEED THE COST OF YOUR ORDER, PLUS SHIPPING AND HANDLING, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
NO CLAIMS OR ACTION MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to indemnify, defend and hold harmless IAC and its officers, members, employees, contractors, representatives, affiliates, agents, business partners, and successors and assigns from and against any and all claims, demands, actions, causes of action, liabilities and expenses of any kind and nature, including reasonable attorneys' fees and costs, made by any third party due to or arising out of the content you submit, post to or transmit through this Service, your use of the Service, your violation of this Agreement, or your violation of any law or the rights of a third party.
In the event of a dispute, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, IAC and you agree that we will resolve any dispute by binding confidential arbitration in Bergen County, New Jersey, pursuant to the laws of the State of New Jersey, without regard to conflict of law provisions, and you agree to submit to the jurisdiction and proceedings thereof, except that, to the extent you have violated our intellectual property rights, or where we may we may otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Any arbitration shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration or other legal proceeding involving any other party, whether through class arbitration proceedings or otherwise.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between IAC and you and governs your use of this Service. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
© 2017 Innovative Art Concepts, LLC. All Rights Reserved.