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Terms of Service

Welcome to uncommoncreator.com (hence referred to as "the Site"). The Site is provided as a service to our clients by Uncommon Creator and/or its affiliates (the "Company"). By using the Site, you agree to be legally bound by and comply with the terms and conditions listed below, including but not limited to our Privacy Policy (including our use of cookies) and the Arbitration Agreement (collectively, the "Terms").

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Please do not access this Site if you do not agree to any of the Terms. The Company reserves the right to alter and revise these Terms at any time. Any and all such updates bind you, and it is your duty to examine the then-current Terms page on a regular basis. Continued use of the Site after the effective date of the Terms changes signifies your agreement and acceptance of such changes.

Proprietary Rights

Unless otherwise stated, the Site and all content, information, data, text, illustrations, photographs, images, graphics, artwork, video, and audio provided on the Site (collectively, the "Content") are owned or licensed by the Company and are protected by copyright, trademark, patent, trade secret, and other laws in the United States and other countries. Uncommon Creator and other Uncommon Creator trademarks that appear on the Site are registered trademarks of Uncommon Creator.

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​The content on the Site, as well as the Site as a whole, is intended purely for users' personal, non-commercial use. As a result of any such downloading or copying, no rights in the downloaded or copied content are transferred or granted to you. You may not distribute, edit, transmit, or utilize any of the Site's material for public or commercial purposes in any way. It is forbidden to use any content for any purpose not specifically permitted in these Terms. This Site or any of its contents may not be reproduced (except as permitted above), published, transmitted, distributed, displayed, framed, modified, created derivative works from, data mined, sold, or exploited in any way.

Third Party Sites

The Site may contain links to other web sites that are not under the Company's control as a convenience to Site users. The Company is not liable or responsible for any external sites that are connected to the Site, nor is it liable or responsible for the content of other sites. Any web pages you link to are at your own risk. Before using or providing any personal information to any external site, whether or not linked to our Site, the Company suggests that you read the terms and conditions and privacy policies of that site.

Orders

We retain the right, at any time and without notice, to correct any inaccuracies or omissions on the Site, including after an order has been placed, and to cancel or reject any order. We have the right to limit or cancel quantities purchased per person, per household, or otherwise in our sole discretion. Multiple orders placed using the same customer account, credit card, billing address, or delivery address, or that appear to be placed by a reseller or distributor, are examples of these restrictions. If we have to cancel or reject an order you placed, we will try to contact you using the email address or other contact information you provided when you placed the transaction.

Account Information

You are responsible for keeping your account and password secret, as well as controlling access to your computer or other device. Any orders and communications placed or made under or via your account fall under this duty.

Postings & Submissions by Users

We encourage and celebrate diversity of thought here in our community. We may, at our discretion, allow you to contribute thoughts, suggestions, or queries to us in the form of reviews, comments, photographs, videos, and other content (collectively, "User Comments"). You grant the Company a license and permission to use, alter, copy, distribute, translate, reformat, create derivative works from, transmit, publicly display or perform, reproduce, and edit your User Comments if you make any such posts or contributions. This license is non-exclusive, fully paid, royalty-free, worldwide, irrevocable, and permanent, and it may be sublicensed as needed by us (such as in connection with content delivery networks that serve the Site). This means you will not be reimbursed or compensated in any way for us using your User Comments.

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You represent and warrant that: (i) you have the legal right to grant the foregoing license and to use and control the User Comments posted or submitted, and (ii) the posting or submission of your User Comments on our Site does not infringe on any person's privacy, publicity, intellectual property, trade secret, contract, or other rights. You agree to pay any royalties, fees, or other money owed to any third party as a result of any User Comments you post or submit to us. Please see the section below titled "Copyright Policy."

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Your User Comments will not be kept in strict confidence. As a result, you should not submit any comments, ideas, information, or anything else on the Site that you want to remain private.

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Because we want to avoid any confusion about the authorship of or rights in a particular design or product made or sold by the Company, we discourage users from providing us creative ideas, suggestions, designs, or other materials. If you submit or post any of these items to us, whether online or otherwise, they will be considered User Comments, and we will have a license and the right to use them as described above, including but not limited to in connection with the development, manufacture, sale, and marketing of products, without attribution to you. You agree that the Company will not pay you or compensate you in any way for the Company's use of such information.

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You may not send any material that is profane, pornographic, obscene, scandalous, unlawful, hurtful, perverse, or constitutes or supports illegal actions, The following are some specific examples of illegal or otherwise forbidden activity on the Site, by way of illustration (but not limitation):

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  • child pornography, fraud, obscene materials, trafficking, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses, malware, or other harmful files, copyright infringement, patent infringement, theft of trade secrets, or any other action that is illegal at the time it is taken;
     

  • Any other user's promotion or solicitation to acquire or sell any items or services. You may not use any information obtained from the Site to contact, advertise to, solicit, or sell anything to another user without that user's explicit prior written consent; you may not send chain letters or junk email through the Site; and you may not use any information obtained from the Site to contact, advertise to, solicit, or sell anything to another user without that user's explicit prior written consent;
     

  • using HTML/CSS or other means to obscure or cover the banner adverts on your personal profile page or any other page of the Site;
     

  • any automated use of the system, such as adding contacts with scripts, sending comments or messages with bots, or placing orders with bots;
     

  • interfering with, interrupting, or putting an undue load on the Site or the networks or services that are connected to it;
     

  • attempting to pass oneself off as another user or person;
     

  • at any time, using another member's account, username, or password, or exposing your password to a third party or allowing a third party to access your account;
     

  • using any information obtained from the Site for the purpose of harassing, abusing, or harming another individual;
     

  • displaying an advertisement on your profile, or accepting payment or something of value from a third party in exchange for you performing any commercial activity on or through the Site, whether on your own behalf or on behalf of a third party, including but not limited to posting commercial content on your profile, posting commercial blogs or bulletins, and sending commercial private messages;
     

  • political campaigning;
     

  • utilizing the Site in a way that is in violation of all applicable laws and regulations;
     

  • creating a false email address, impersonating someone else, or otherwise deceiving us about your identity or the origin of any User Comments

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The Company reserves the right to refuse to post, delete, or modify any User Comments you post or submit to the Site at any time. Any registration may be deleted by the Company at any time, for any reason, without warning or liability. 

 

Except as provided below in DMCA concerns, the Company has the right but not the obligation to monitor, edit, or remove any User Comments.

Copyright Policy

Others' intellectual property is respected by the Company. Without the prior written authorization of the owner of such proprietary rights, you may not post, edit, distribute, or reproduce any copyrighted content, trademarks, or other proprietary information belonging to others. The Company has a policy of terminating the privileges and right to use the Site of any user who, in the Company's sole and absolute discretion, is repeatedly infringing on the intellectual property rights of others, in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws.

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Furthermore, upon receipt of proper notification to the Company by the copyright owner or the copyright owner's legal agent, the Company's policy is to terminate the privileges and rights to use the Site of any user who has infringed the intellectual property rights of another, whether repeatedly or in a single instance. The Company is not bound to monitor postings for copyright ownership, but we may do so at any time and from time to time if we so choose.

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Please notify us with the following information if you believe your work has been duplicated and posted or otherwise utilized on the Site in a way that violates your copyright: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a written declaration from you asserting that the disputed use is not allowed by the copyright owner, its agent, or the law; (vi) a statement signed under penalty of perjury that the information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Products

While the products shown on this Site may be available at authorized select retailers in the United States and abroad, the Company cannot guarantee that all of the products shown on this Site will be available at every authorized retailer, in the colors or sizes you desire, or at the same prices as shown on the Site. Supply and availability, including products for sale on the Site, are subject to change. The Company reserves the right to change all product descriptions, specs, colors, and prices at any time and without warning. We have the right to add or delete products without notice at any time. Please keep in mind that the technical characteristics and settings of your computer, monitor, or other device may have an impact on the accuracy with which the colors and styles of products sold below are displayed.

Notice to California Residents

California citizens can contact the Complaint Assistance Unit of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

Site Maintenance & Changes

We retain the right, without notice, to correct any errors or omissions, as well as to change and update the Site. We reserve the right to change, suspend, remove, or cancel the Site or any service, content, or other aspects of the Site, including User Comments, at any time and without notice.

Disclaimer of Warranties
& Limitation of Liability

FOR YOUR USE, THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS." THE COMPANY MAKES NO WARRANTY OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE, CURRENT, OR CORRECT; THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL YOU ARE USING THIS SITE AND ITS CONTENT AT YOUR OWN RISK.

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THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES OR CONTRACTORS OR ANY OF ITS OR THEIR HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE, ANY EMAIL SENT IN CONNECTION WITH THIS SITE OR FOR ANY CONTENT, PRODUCTS OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY), REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

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CERTAIN STATE LAWS PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification of the Company

You agree to defend, indemnify, and hold the Company, its directors, officers, managers, members, employees, agents, attorneys, affiliates, and contractors, as well as its and their heirs, legal representatives, successors, and assigns, harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising from or in connection with your use or misuse of this Site and the Content.

International Use

The Company makes no representation or assurance that this Site or any of the Content is suitable or available for use outside of the United States. It is forbidden to access this Site or its Content from any location where it is illegal to do so. You accept that if you access this Site or Content from outside the United States, you do so on your own initiative and are solely responsible for complying with all relevant international and local laws.

Arbitration Agreement

To save time and money, the Company and you agree that any dispute, controversy, or claim arising out of or relating in any way to your use of this Site or any goods purchased from the Company, any alleged breach of the Company's Terms of Use, or otherwise relating to this Site (each, a "Dispute") will be resolved by mandatory arbitration, provided that the party asserting the Dispute makes a good faith effort to resolve the Dispute.

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Arbitration does not have a judge or jury, and court review of an arbitration ruling is limited. However, in arbitration, you will have access to the same remedies that you would have in court under relevant federal, state, and local laws. In the arbitration, you have the right to be represented by an attorney.

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Each of us agrees that any dispute resolution case shall be conducted only on an individual basis, rather than as a class, consolidated, or representative action. To the maximum extent permissible by applicable law, each of us waives any right to a jury trial, to assert or participate in a class action lawsuit or arbitration, and to assert or participate in any joint or consolidated lawsuit or arbitration. If a court determines that applicable law precludes the enforcement of any provision of this paragraph with respect to a specific cause of action, that cause of action will be severed from any arbitration. Nothing in this Arbitration Agreement prevents the Company from bringing a legal or equitable action to prevent infringement or other misuse of intellectual property rights, notwithstanding anything herein to the contrary.

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The Federal Arbitration Act governs this Arbitration Agreement, and it will be read and enforced in compliance with it. This Arbitration Agreement shall endure the conclusion of your use of this Site.

General

Except for the Arbitration Agreement, which is governed by the Federal Arbitration Act, these Terms are governed by United States law, without respect to its choice of laws rules. If any provision of these Terms is found to be invalid or unenforceable for any reason, that provision shall be severable to the extent that it is invalid or unenforceable, and the remaining provisions of these Terms (including any portion of such provision that is not found to be invalid or unenforceable) shall remain in full force and effect. A waiver of any provision of these Terms does not imply a waiver of any other provision or of the same provision in the future. These Terms represent our whole agreement with respect to your use of the Site.

Last updated: February 22, 2022

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