These Terms set out your rights and obligations, and those of Moonpig.com Limited trading as Sticky9 ("we" or "us"), in relation to sticky9.com (the "Site"), and any goods or services available through, and material of any kind accessible or relating to, the Site or us (the “Services”). When we refer to "Sticky9" in these Terms, we mean us, the Site and/or the Services, according to the context.
You must take the time to read and understand these Terms before Sticky9. By registering with Sticky9, you accept that you are entering into a contract with us under these Terms. People who register for Sticky9 establish an "Account", and become "Users". Visitors to Sticky9 who do not become Users, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access Sticky9. You should be aware that these Terms may change from time to time in accordance with Clause 23 below.
2. Obtaining an Account
If we ask you to provide some information about yourself when you register for Sticky9, you must ensure that this information is accurate and current. You may keep this information updated through your Account.
Note that we are entitled to treat anything done through a User's Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account.
When you place an order for a Product, you will need to supply details of a payment method, such as a credit or debit card, (your “Payment Method”) and other personal details so that we may process the order for you. In the event that you supply an invalid Payment Method or a Payment Method that belongs to someone else or which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time without notice.
The same person may not register more than Account, including by using different contact details; if you do so, or we reasonably suspect you of doing so, we may suspend your Account(s) and use of the Services.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, Sticky9 may terminate your Account at any time without notice.
You should not register as a User if you are under 13 years of age.
3. The Essentials of Sticky9
Sticky9 provides Users with the facility to select digital images from various sources (each an “Image”), and to use those Images to create a Sticky9 product (a “Product”).
The Sources you can use for images are currently as follows:
- Images held on your Instagram account; or
- Images held on your desktop or mobile device's "camera roll"
Where you use Images held in your Instagram account, you must connect to that Instagram account in order to create a Product.
In certain circumstances, as described below you may use Images held in a friend’s Instagram account (your “Friend”) to create a Product (see Clause 4 below) for your Friend.
As Sticky9 evolves and changes over time, we may add Products or remove Products from our Services. We may also add new sources for your Images.
Note that there may be restrictions on the types of Product you can create using Images from certain sources, you will be informed of the restrictions during the product creation and / or purchase process.
It is the responsibility of Users to have sufficient web and device usage skills to make use of our Services.
The basics of ordering Products:
· Select from your, or your Friend’s, Instagram account, and / or from your desktop or mobile device's "camera roll", the Image(s) you wish to use on the Product
· Go through the PayPal payment process – we only accept payment through PayPal
· Confirm your purchase on the Site
· We email you an Order Confirmation
· We manufacture the Product
· We send you a “shipping confirmation” email
· We send the Product to you or (in the case of a gifted Product) to your Friend
4. Using Friends’ Images to create a gifted Product for a Friend (beta)
We are beta-testing an offering which allows you to create a Product as a gift for a Friend, using your Friend’s Instagram Images. In order to use this part of the Service, you need to have your Friend’s consent to use his/her Instagram Images for creating the Product. If you (or we) are notified that a Friend has withdrawn (or never gave) such consent, you must immediately cease – and may be prevented by us from – creating Products using that Friend’s (and other Friends’) Images.
As long as you have your Friend’s consent, you can create a Product as follows:
· If your Friend follows you on Instagram and his/her profile is 'Public', you can access your Friend's Images to create the Product
· If your Friend's Instagram profile is set to 'Private', you and your Friend will both need to be following each other on Instagram before you can use your Friend's Images to create a Product
In either case:
· click the 'followers' tab in the studio
· choose your Friend's profile from the list to load your Friend’s feed
· Select the Images for the Product; you can use a mixture of your Images and your Friend’s Images if you wish
5. User Content and Content Rules
Images and other material (including textual annotations to and comments on Images) used, accessed or transmitted by a User on, through or in connection with Sticky9, including for the purpose of creating a Product, are treated as "User Content" for the purposes of these Terms.
Users must have the right to deal with User Content in the manner provided by our Services. You must not create a Product if you do not have the right to do so.
Each User shall ensure that User Content does not:
· infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you use to create a Product or that you are fully licensed by the copyright owner to do so;
· infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
· contravene any applicable law (including, without limitation, any criminal law) or regulation;
· include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
· misrepresent identity in any way or impersonate any person;
· include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
· contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
· harass, upset, embarrass, alarm or annoy any person;
· give the impression that it emanates from us, if this is not the case; or
· advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
The above are our Content Rules.
Although we prohibit breaches of our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site. It is possible that Images or other User Content may be used in a way which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such infringing use of Images or User Content please contact us by emailing us at firstname.lastname@example.org.
We may without notice prevent any use of Services (including purchase of Products) which includes any Image or User Content that contravenes our Content Rules.
6. Terms of purchase for Products
A contract between a User and Sticky9 for the purchase of a Product is created as follows:
· The User places the order for a Product on the Site by pressing, Pay by PayPal or Pay By Card confirmation button at the end of the checkout process
- By confirming your order, you are agreeing to purchase the product you have selected
- At this point, we take payment for your order.
· We will send to you an Order Confirmation email detailing your order for the Product and other information we must provide to you.
· When the Product you have ordered is shipped to you or your Friend, we will send you a “shipping confirmation” email
· The acceptance of your order and the completion of the contract between you and Sticky9 will occur when the Product you have ordered is dispatched (shipped), unless we have notified you that we do not accept your order
Note that Sticky9 may reject an order in certain circumstances, namely:
· Your order breaching the requirements of these Terms;
· The use of Images which infringe the Content Rules;
· The Product you order being unavailable;
· Our inability to obtain authorisation for your payment; or
· A relevant pricing or Product description error being identified.
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order
Please note that, as Products are personalised, you do not have any right to cancel your contract to buy them and return them to us. Although you do have the right to reject any Product which is faulty or not as described in our specifications.
Any time periods or dates stated for delivery of Products are estimates only. We rely upon third party delivery services, and we do not accept liability for any failure to deliver Products within specified time periods or by specified dates.
All prices are inclusive of VAT. VAT is based on the final value of your order, at the current rate in force in the UK.
In addition, Sales Tax will be charged on the final value of your order if it is to be delivered to an address in the State of New Jersey in the United States. Such Sales Tax will be charged at the current rate in force in that State.
Products are sold on a duty-unpaid basis. The User may be required to pay import duty or another customs entry fee prior to or on delivery of a Product. Other taxes, fees or levies may apply according to local legislation: it is the User’s responsibility to check these details before placing an order for delivery outside the United Kingdom.
You must comply with PayPal’s processes and terms and conditions in order to make a purchase of a Product. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of PayPal.
You undertake that all of the details which you provide to us for the purposes of any order you make for a Product and its delivery will be correct and that your chosen method of payment is your property and has sufficient available funds to cover the cost of your order. We reserve the right to access your PayPal account details where required for the purpose of facilitating refunds and deal with User queries.
The standard method of delivery for Products is regular postage; Users may pay extra for speedier delivery.
If you can see any sign of damage to the exterior of the envelope or parcel containing a Product, please include a reference to the damage when signing for the delivery.
We reserve the right to make delivery of Products by instalments.
If you wrongfully fail to take delivery of an ordered Product then we shall be under no obligation to refund the price. If delivery is refused or returned due to a defective address, you will be charged a re-delivery fee.
Complaints or claims concerning Products must be notified to us within 28 days of the receipt of the relevant Product, or in the case of non-delivery, in a reasonable time after the relevant Product was expected to arrive.
8. International use of Sticky9
You must ensure that you comply with the laws that apply to you and your use of Sticky9, including as to User Content, the Images that may be viewed and the Products that may be bought through Sticky9. That use may be prohibited or restricted in various jurisdictions.
9. Closure of Accounts
You may choose to cancel your Account at any time by 30 days advance notice by email to us – any such email should be sent to stuck@Sticky9.com. You may be asked to provide further proof that you are the holder of the Account.
Further, we are entitled to treat an Account as lapsed if its User has not logged in to the Account for twelve months or more.
If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account.
Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 12) shall not be terminated as a result.
10. Gift Certificates
This Clause governs gift certificates issued by Sticky9 for use on the Site:
· Sticky9 gift certificates must be redeemed on the Site towards the purchase of eligible Products.
· Gift certificates are available for any amount between a minimum Order of $15 and a maximum of $250.00.
· Gift certificates cannot be used to pay for gift certificates.
· Gift certificates have no cash equivalent or redemption value and are not transferable or assignable.
· Any unused balance on a gift certificate will be available to put towards a future purchase on Sticky9. No refunds or change will be given in cash for any unused balances.
· If an order exceeds the amount of the gift certificate, the balance must be paid through PayPal.
· Gift certificates and unused portions of gift certificates expire one year from the original date of issue of the Gift certificate.
· One or more gift certificates can be redeemed against an order.
· Gift certificates cannot be combined with any promotional codes or offers.
· Our gift certificates are like cash in the sense that we are not responsible if a gift certificate is lost, stolen, destroyed or used without permission.
11. Refer-a-friend Credits
This Clause governs refer-a-friend credits issued by Sticky9 for use on the Site:
· Refer-a-friend credits may from time to time be made available to Users who have purchased a Product.
· Where a refer-a-friend credit is provided, the User (the “Referring User”) may provide the credit to a friend by means of a unique code.
· The friend can use the code to obtain a specified amount of money off his/her first purchase of a Product from us within the expiry period of the refer-a-friend credit.
· If the friend makes such a purchase, a credit of the same amount will be made available to the Referring User, which is itself treated as a refer-a-friend credit in accordance with this Clause.
· All refer-a-friend credits must be redeemed on the Site towards the purchase of eligible Products.
· Refer-a-friend credits have no cash equivalent or redemption value; they cannot be exchanged for cash.
· Refer-a-friend credits cannot be combined with other promotional codes or offers.
· We are not responsible if a refer-a-friend credit is lost, stolen, destroyed or used without permission.
12. Intellectual Property
By including any User Content in a Product, you grant us, and warrant that you are entitled to grant to us, a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt and distribute that User Content in order to perform obligations and exercise rights under these Terms. For the avoidance of doubt, the licence under this Clause 12 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. Note that we may modify User Content in order to conform it to Sticky9 or the requirements of a Product (such as by cropping Images).
You acknowledge that all copyright, trade marks and other intellectual property rights in and relating to Sticky9 are owned by, or licensed to, us. You may use and access Sticky9 only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available.
No-one may copy, distribute, show in public or create any derivative work from Sticky9, or any of the material which is accessible through Sticky9 unless properly licensed to do so by us. You are not allowed to use Sticky9 (or to copy or use any material found on Sticky9) for any commercial purpose other than to conduct the purchase of a Product from Sticky9.
You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from or accessible through Sticky9.
No-one may use any robot, spider, scraper or other automated means to access Sticky9 for any purpose without our prior express written permission.
Users must not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their express consent. No User may use any information regarding other Users that is accessible through the Services except as expressly permitted by these Terms.
14. Our Role
To the extent that the law permits, you release Sticky9, its agents, directors, officers, shareholders and employees from all liability arising out of or in connection with any Images or other User Content.
You must not assume that accessing, the import or export, or the advertising, offering, purchase or sale, of any Product will comply with applicable law or regulation. We do not have any responsibility for the deletion of, or any failure to store, Images or User Content.
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Sticky9 or to use of all of part of the Services, (b) to cease providing access via Sticky9 to Images or other User Content, and (c) to take technical and/or legal steps to prevent Users from using Sticky9 if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content to a User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
16. Contact from third parties.
If anyone contacts us in relation to User Content or a purchase of a Product associated with you, then you agree:
· to provide all reasonable information and assistance we may require in connection with responding to that contact; and
· to respond promptly and accurately to it, should we pass the message to you for a response.
17. Additional services.
18. Operation of Sticky9
We reserve the right to withdraw or modify all or part of the Services or Sticky9 where we have legal or commercial reasons to do so.
There may be times when the operation of Sticky9 is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by Sticky9, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to Sticky9 or any of the material that appears on it.
If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of Sticky9.
For security or other reasons, we may require you to change your password or other information which facilitates access to Sticky9; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We use reasonable care and skill to provide Sticky9 in accordance with our specifications for Sticky9 but:
· the Services are provided "as is"; and
· we cannot and do not guarantee that Sticky9 or the Services will meet your requirements.
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 6.
We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
· for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or
· for any indirect, special or consequential loss damage, costs or other claims,
howsoever caused or arising.
Our aggregate liability in respect of any individual Product or order for a Product shall be limited to the price paid or payable by you to us for that Product.
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
For the avoidance of doubt, Sticky9 will not have liability to you or any other person in respect of User Content.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
The provisions of this Clause 19 shall survive the termination or expiry of these Terms.
You agree to indemnify Sticky9, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any:
· breach of these Terms by you or through your Account; or
· User Content associated with you or your Account.
We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of Sticky9 assign or dispose of these Terms or any of your rights and obligations under it.
22. Entire Agreement
These Terms are intended to contain your entire agreement with us relating to your use of and access to Sticky9; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to Sticky9.
23. Changes to these Terms
We reserve the right to change these Terms from time to time, and post the new version on Sticky9.
If you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Sticky9. For the avoidance of doubt, we will not have any liability to you in that event.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable.
Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms.
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
These Terms, the Services and each order and purchase of a Product shall be governed by English law.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Product.
26. Keeping these Terms
We don't separately file the Terms entered into by Users when they register for Sticky9. You can access them at https://sticky9.com/terms. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
27. ContactWe are a company registered in England and Wales under registration number 3852652 under the name Moonpig.com Limited; the address of our registered office is Units 102-108, 30 Great Guildford Street, London, SE1 0HS, United Kingdom. Our VAT registration number is 115 1385 43. Except as explicitly stated otherwise in these Terms, notices to us must be sent by post to Units 102-108, 30 Great Guildford Street, London, SE1 0HS, United Kingdom. We will send our notices to you by email to the email address specified in your Account.