Terms of Service
Terms and Conditions
Last updated: August 28, 2022
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.peachwik.com website (the "Service") operated by Peachwik® ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
User Comments and Suggestions
We welcome your comments about our Service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Service shall be and remain the exclusive property of Peachwik®. Your submission of any such Comments shall constitute an assignment to Peachwik®. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Peachwik®. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. We ask that you do not send us any comments that you do not wish to assign to us, this includes confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
User Generated Content, Feedback, Reviews, Submissions
When you upload, submit, send, or receive comments, feedback, reviews, suggestions, ideas, images, photographs, video or audio clips, graphics, tags, data, materials, information and all other submissions (collectively, 'User Generated Content') to Peachwik®, including with any hashtags provided by Peachwik®, on or by this Service or otherwise disclosed, submitted or offered in connection with your use of this Service, you give us permission to reproduce and use your User Generated Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, and distribute your User Generated Content. This license is for the purpose of operating and improving the Service, to develop new products, prototypes and services, and for other Peachwik® marketing purposes, including without limitation in catalogs, email, social media, internet ads and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Generated Content or on pages where your User Generated Content may be viewed by you or others, and we may use your User Generated Content to advertise and promote Peachwik® or the Service. Our license to your User Generated Content is non-exclusive, meaning you may use the User Generated Content for your own purposes or let others use your User Generated Content for their purposes. Peachwik® is not and shall not be under any obligation (1) to maintain any User Generated Content in confidence; (2) to pay to user any compensation for any User Generated Content; (3) to credit or acknowledge any user for User Generated Content; or (4) to respond to any User Generated Content. You agree that User Generated Content submitted by you to the Service will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that User Generated Content submitted by you to the Service will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or objectionable material in Peachwik®’s sole discretion. You are and shall remain solely responsible for any User Generated Content you submit to the Service, including its legality, reliability, and appropriateness. You agree that Peachwik® may use and/or disclose information about your demographics and use of the Service in any manner that does not reveal your identity. By participating in Service sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Peachwik® may use your information for marketing and promotional purposes. Peachwik® has the right but not the obligation to monitor, edit and remove all Content provided by users for any reason. Peachwik® may exercise our rights under this license anywhere in the world. This license is perpetual, meaning that our rights under this license continue even after you stop using the Service. In addition, Content found on or through this Service are the property of Peachwik® or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Official Branded Peachwik® Hashtags
By submitting photos, videos, graphics, comments, or other information to Peachwik® (with official branded hashtags or otherwise), you grant Peachwik® a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, and modify your submissions in both digital and physically owned channels. The official branded hashtags include social media hashtags: #mypeachwik, #peachwik
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims" You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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. You can contact our Copyright Agent via email at firstname.lastname@example.org.
Intellectual Property and Trademarks
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Peachwik® and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Peachwik® is a registered trademark, service mark, and/or trade name of Peachwik®. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Peachwik®.
We have made every effort to accurately display the colors of our products that appear on our website and other Peachwik® branded social pages and internet properties. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Some products available on the Service may have the option to receive an emailed proof. Because of the time sensitive nature of many of our products that require proofs, the customer is responsible for timely communication. We'll make every attempt to get in contact with the customer before shipping, however if we don't hear back from the customer within 24 hours of us sending a digital proof or communication, we reserve the right to ship the order as is. When we ship we'll send notification of tracking if applicable to the order. In the event of an urgent event deadline, we also reserve the right to ship the product without hearing back from the customer at all. Proofs are sent as a courtesy and are not a conditional acceptance of product purchase. The customer is responsible to review digital or online proofs for any typos or errors. Proofs that are approved with errors are the fault and responsibility of the customer. Peachwik® does not offer returns or exchanges for personalized products. Please note that in the case of online proofing and ordering products that do not include proofing services, the personalization information included in the order confirmation emails and invoice is the final agreed upon information that shall be used to create the product. Alterations or changes may not be accepted after the order has been placed.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Peachwik®. Peachwik® has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Peachwik® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Peachwik® and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Peachwik®, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Peachwik® its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New Hampshire, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.