Singular Crafts Terms of Use

Last Updated on: 26/03/2024

Singular Crafts’s service enables users to create personalized image designs and embed them into apparel and other products. Singular Crafts provides its services subject to the terms and conditions contained in these Terms of Use (this "Agreement"). To become eligible to use Singular Crafts’s services under this Agreement, you must review and accept the terms of this Agreement by clicking on the "Accept" button or other mechanism provided.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE (THE "TERMS" OR "TERMS OF USE"), BECAUSE THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR THE ENTITY ACCESSING OR USING THE SERVICE, AND SINGULAR CRAFTS. BY ACCESSING THE SERVICE OR BY USING IT IN ANY MANNER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

Singular Crafts keeps the right to change the Terms to meet technical, operational and legal changes. Singular Crafts will post a notice about changes made to the Terms on Singular Crafts’s website, Singular Crafts may send you a notice by email, reasonable time before the changes take effect. You may choose to deny the amended Terms and terminate your account. By continuing to use your account with the Service after the new changes have taken effect, you indicate your agreement to the amended Terms.

1. Uses and Restrictions

The Singular Crafts software provides a platform for creating personalized designs. Users acknowledge that the designs created and uploaded are their responsibility. Singular Crafts is not responsible for any infringing, offensive, or inappropriate content. We reserve the right to remove or modify designs that violate these Terms of Use or applicable laws.

2. User Account

When you register, Singular Crafts will ask you to provide certain contact and personal details. Singular Crafts will explicitly indicate the fields that are mandatory to complete. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair Singular Crafts’s ability to provide you with the Service.

To login, you must provide your email and password. Singular Crafts may also establish and require additional or different means of identification and authentication for logging in and accessing the Service. You will maintain your login details in absolute confidentiality. Make sure that you change your password at least once every six months. You will immediately notify to Singular Crafts of any potential or actual misuse, unauthorized use, of your account.

You may terminate your account through your account page, or by contacting Singular Crafts via email at: info(at)singularcrafts.com. Singular Crafts may require you to verify your identity by sending Singular Crafts additional information, as a condition for terminating your account. Following the termination of your account, you may no longer be able to access the Service.

Notwithstanding any remedies that may be available to Singular Crafts under any applicable law, Singular Crafts may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove your content and take technical and legal measures to keep you off the Service, if Singular Crafts determines in its sole discretion that you: (i) abused your rights to use the Service; (ii) breached the Terms; (iii) violated any applicable law, rule, or regulation; (iv) performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Service;

3. Term, Termination and Suspension

This Agreement shall commence on the date that this Agreement is accepted. It will remain in effect until terminated by the USER or SINGULAR CRAFTS in accordance with the terms outlined below.

The USER may terminate this agreement for any reason or no reason at all, at USER’s convenience, by providing SINGULAR CRAFTS thirty (30) days advance written notice of termination.

SINGULAR CRAFTS may suspend the USER’s right and license to use the Singular Crafts software, or terminate this agreement in its entirety (and, accordingly, cease providing all services to the USER), for any reason or for no reason at all, by providing the USER thirty (30) calendar days advance written notice of termination.

SINGULAR CRAFTS has a granted right and may immediately and without prior notice to the USERS, and without any compensation suspend the USER’s access to the Singular Crafts software, and/or terminate this agreement in its entirety (and, accordingly, the USER’s right to use all services), for any of the causes below:

SINGULAR CRAFTS receives notice or otherwise determines, at SINGULAR CRAFTS’s sole discretion, that the USER may be using the Singular Crafts software for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party.

SINGULAR CRAFTS determines, at SINGULAR CRAFTS’s sole discretion, that SINGULAR CRAFTS’s provision to the USER of the Singular Crafts software is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason.

Upon termination of this agreement for any reason: (i) the USER remains liable for all fees, charges and any other obligations the USER has incurred through the date of termination; (ii) all of USER’s rights under this agreement shall immediately terminate.

4. Publicity

SINGULAR CRAFTS has the right to publish the designs, apparel or items that were designed by the USER through the Singular Craft's software on its website singularcrafts.com and in any SINGULAR CRAFTS promotional materials.

5. Ownership and Relationship of Parties

SINGULAR CRAFTS owns all rights, title, and interest in and to the Singular Crafts software as well as in and to the designs created through it by the USER. This agreement grants the USER no right, title, or interest in any intellectual property owned or licensed by SINGULAR CRAFTS, including (but not limited to) the Singular Crafts software and SINGULAR CRAFTS trademarks. The USER agrees to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms.

6. Taxes

“Taxes” means all taxes, levies, imposts, duties, fines or similar governmental assessments imposed by any jurisdiction, country or any subdivision or authority thereof including, but not limited to federal, state or local sales, VAT, GST, use, property, excise, service, transaction, privilege, occupation, gross receipts or similar taxes, in any way connected with this Agreement or agreement required hereunder, and all interest, penalties or similar liabilities with respect thereto, except such taxes imposed on or measured by a party’s net income. All prices, fees and other charges payable under this Agreement or agreement ancillary to or referenced by this Agreement, shall not include any Taxes. You agree to bear and be responsible for all such Taxes. You shall make all payments required without deduction of any Taxes, except as required by law, in which case the amount payable shall be increased as necessary so that after making any required deductions and withholdings, Singular Crafts receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such deductions or withholdings been made. If you are a tax-exempt entity or claims exemption from any Taxes under this Agreement, you shall provide a certificate of exemption upon execution of this Agreement and, after receipt of valid evidence of exemption, Singular Crafts shall not charge you any Taxes from which it is exempt. Without limiting the foregoing, all references to payments made in this Agreement are exclusive of any VAT, GST or other consumption taxes (collectively, “VAT”) chargeable and where required by law, VAT shall be itemized at the rate applicable, if any, and paid in addition thereto. You shall communicate to Singular Crafts your VAT identification number(s) attributed by (i) the country where you have established your business, and/or (ii) any other country where you have established a fixed establishment, to which the Services under this Agreement are provided. Singular Crafts shall consider the Services under this Agreement to be for your business use and provided to the location(s) of you in accordance with the provided VAT identification number(s). You shall comply with all applicable tax laws and regulations, and you shall provide Singular Crafts all necessary assistance to facilitate the recovery or refund of any VAT paid by Singular Crafts in relation to the Services to the respective government or authority. You hereby agree to indemnify Singular Crafts for any Taxes and related costs paid or payable by Intercom attributable to Taxes that would have been your responsibility under this section if invoiced to you. You shall promptly pay or reimburse Singular Crafts for all costs and damages related to any liability incurred by Singular Crafts as a result of your non-compliance or delay with its responsibilities herein. Your obligation under this section shall survive the termination or expiration of this Agreement.

7. Disclaimer of Any Warranty

SINGULAR CRAFTS DOES NOT REPRESENT OR WARRANT THAT THE SINGULAR CRAFTS SOFTWARE IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE SINGULAR CRAFTS SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND SINGULAR CRAFTS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

THE USE OF THE SINGULAR CRAFTS SOFTWARE IS AT USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SINGULAR CRAFTS SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA.

8. Limitation of Liability

SINGULAR CRAFTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SINGULAR CRAFTS SOFTWARE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT SINGULAR CRAFTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SINGULAR CRAFTS'S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY THE USERS IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE USER, AND THE USER MAY HAVE ADDITIONAL RIGHTS.

9. Release and Waiver

To the maximum extent permitted by applicable law, the USER hereby releases and waives all claims against SINGULAR CRAFTS, and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to the USER’s use of the Singular Crafts software. In addition, the USER expressly waives and relinquishes any and all rights and benefits which the USER may have under any law principle of similar effect, to the fullest extent permitted by law.

10. General Terms

Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between the USER and SINGULAR CRAFTS shall be governed by the laws of Spain without regard to its conflict of law provisions. The USER and SINGULAR CRAFTS agree to submit to the jurisdiction of the courts of Barcelona, Spain.

No Waiver of Rights. SINGULAR CRAFTS's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms along with the Privacy Policy specified at https://www.singularcrafts.com/privacy-policy constitute the entire agreement between you and Singular Crafts with respect to the access and use of the Service and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Service.

11. Contact Us

You may contact Singular Crafts with any question about the Service, through the contact form at: https://www.singularcrafts.com#contact Singular Crafts will make efforts to address your inquiry promptly.