Terms & Conditions
1. Applicability
1.1. By accessing or using this Site and its related software tools, applications or any other THE POWER OF FAMILY service, you agree to be bound by the terms of our Privacy and Cookie Policy, the Product-Specific Terms and the following General Terms and Conditions (collectively, the “THE POWER OF FAMILY Terms”) and to any additional terms, policies, guidelines, restrictions or rules that may be posted in connection with specific sections or services of this Site (collectively, the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into the agreement entered into by THE POWER OF FAMILY and you, the customer, at the time you access or use the corresponding section, service or feature, or have otherwise agreed to their applicability. These THE POWER OF FAMILY Terms and any Additional Terms that you have agreed to, make up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations and understandings.
1.2. If you use this Site on behalf of any business, organization or other entity of any kind, you represent and warrant that you are authorized to accept these THE POWER OF FAMILY Terms on its behalf and to bind such business, organization or entity to these THE POWER OF FAMILY Terms on its behalf and to bind such business, organization or entity to these THE POWER OF FAMILY Terms.
1.3. Every offer of a THE POWER OF FAMILY product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our THE POWER OF FAMILY Terms.
1.4. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if THE POWER OF FAMILY has not specifically rejected them.
1.5. These THE POWER OF FAMILY Terms and Additional Terms are not applicable to orders of a product or a service which are not from THE POWER OF FAMILY directly but from a third party. This can be any of THE POWER OF FAMILY affiliates, a reseller or a service provider we have partnered with. In such cases, the terms you have separately agreed upon with this third party, will apply.
1.6. THE POWER OF FAMILY reserves the right to make changes to this Site and to these THE POWER OF FAMILY Terms at any time without prior notice. You should review these THE POWER OF FAMILY Terms each time you access this Site.
2. Terms of Sale
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. THE POWER OF FAMILY reserves the right to reject any order without the obligation to assign any reason. An agreement between you and THE POWER OF FAMILY is subject to our acceptance of the order and will be formed when you receive the order confirmation by email.
3. Materials for Limited Use
3.1. This Site contains graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, media content belonging to other users through embedded feed from social media platforms, stock images and footage from stock providers and other information (“Content”). This Site and all its Content are the intellectual property of THE POWER OF FAMILY or the intellectual property of parties from whom THE POWER OF FAMILY has licensed such property. All rights in this Site and its Content are reserved worldwide.
3.2. It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish or use any portion of the Content except as expressly allowed in these THE POWER OF FAMILY Terms.
3.3. THE POWER OF FAMILY reserves the right to add to, delete from, or modify any part of its Content at any time without prior notice. Any modifications to our Content, whether by you or THE POWER OF FAMILY, remain the property of THE POWER OF FAMILY and its licensors.
4. Use of our Site and its Content
4.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating and ordering products or services solely through THE POWER OF FAMILY (referred to herein as “Products”), unless such use involving a third party is expressly permitted by applicable law or provided for in these THE POWER OF FAMILY Terms. No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Products from THE POWER OF FAMILY does not entitle you to use any portion of our Content apart from the finished Products as they are supplied to you by THE POWER OF FAMILY.
4.2. You agree to use this Site in a responsible manner that is in full compliance with these THE POWER OF FAMILY Terms and with your local laws and regulations, including export and import regulations.
5. Restrictions on Use
5.1. Without limitation, no portion of our Content may be utilized:
a) to sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the rights granted to you under these THE POWER OF FAMILY Terms;
b) in such a manner as to convey or obtain exclusive rights to any Content or part thereof;
c) for any unlawful or discriminatory purpose or use;
d) for any use that we determine, in our sole discretion, to be pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting the hate, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status or otherwise objectionable;
e) to create, order, publish and/or distribute any Design, Product or other type of information that we determine, in our sole discretion, to contain any content that violates the above Section 6.1.d) or otherwise, in our sole discretion, is materially false, inaccurate or misleading in a way that could deceive or confuse others about important events, topics or circumstances;
f) to violate any person’s right of privacy or publicity;
g) to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
h) for any use that would reasonably imply that THE POWER OF FAMILY, the creator of the Content, or the persons or property appearing in the Content (if any), endorses any political, economic, conspiracy or other opinion-based movements or parties;
i) in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political endorsements; or in a way that implies mental or physical illness or impairment; or
j) that in any way, intentionally or unintentionally, violates any applicable local, state, national and international laws, rules and regulations.
5.2. For the avoidance of doubt, no Content or portion thereof may be used on its own as a trademark or service mark. You agree and acknowledge that any trademark or service mark rights you may have in your Product or Design arise from and are limited to your distinctive combination of our Content with other visual design elements provided or created by you.
5.3. THE POWER OF FAMILY reserves the right, in its sole discretion, to refuse to accept any content provided by you to THE POWER OF FAMILY or to refuse to process or fulfill any order at any time and for any reason. THE POWER OF FAMILY further reserves the right, in its sole discretion, to temporarily or permanently suspend and/or terminate its service to you and/or your account(s) at any time and for any reason, including, without limitation, your violation of the THE POWER OF FAMILY Terms and/or Additional Terms, your use of the Site and/or our products and services for inappropriate purposes or you having engaged in undesirable activities, in each case as determined by THE POWER OF FAMILY in its sole discretion. This action is entirely at THE POWER OF FAMILY's discretion and no correspondence will be entered into. You agree that THE POWER OF FAMILY shall have no liability of any kind to you or to any third party arising from such refusal, suspension or termination.
5.4. By placing an order on this Site, you represent and warrant that you have all the necessary permissions, rights and authority to place the order and you authorize THE POWER OF FAMILY to produce the Products on your behalf. You grant THE POWER OF FAMILY the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you represent and warrant that you have sufficient rights to permit THE POWER OF FAMILY to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
6. Delivery, Title and Risk
6.1. THE POWER OF FAMILY will deliver the Products at the address specified in the order confirmation, provided that all applicable payments have been received in full by their appropriate due date, using THE POWER OF FAMILY´s standard methods for packaging and in accordance with the customer´s chosen delivery option. Any lead time given is estimated.
6.2. THE POWER OF FAMILY may, at its discretion, deliver the Products in whole or by installments in any sequence or deliver the Products prior to the date of delivery, and in such event, the customer must not refuse to take delivery of the Products. Where the Products are delivered in installments or part deliveries, each installment or part delivery shall be invoiced separately if such an invoicing process is put in place and be deemed to be a separate sale agreement between THE POWER OF FAMILY and the customer. Any delay in delivery or defect in an installment or part delivery shall not entitle the customer to cancel any other installment or terminate the entire sale agreement.
6.3. The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier.
6.4. The customer is responsible to fully inspect all Products carefully and immediately upon arrival, and declare any and all defects, non-conformances or damages, immediately through the proof of delivery or collection acceptance documentation when the Products have been shipped under such Proof of Delivery (POD) or similar type of service. A description of the alleged defect, non-performance or damage must be given in writing at the time of delivery and signed by or on behalf of the customer. If such a proof of delivery service was not included with the chosen delivery method, the customer shall be deemed to have inspected the Products as soon as reasonably practicable after delivery. The customer must notify THE POWER OF FAMILY, by contacting its Customer Care team either by email or by telephone, about any alleged defects, non-conformances or damages within 14 days after receipt of the Products. Failure of customer to timely notify THE POWER OF FAMILY after receipt as indicated in this section voids the Product warranty. In the event the order was placed by a consumer, meaning a physical person who purchased the Product for use not related to a business, entrepreneurial or professional activity, the aforesaid notice period is extended to 2 months and will start on the day the alleged damages or defects are discovered or should reasonably be discovered when the order was timely inspected upon receipt.
7. Indemnification
You agree that you shall indemnify THE POWER OF FAMILY and all parties from whom THE POWER OF FAMILY has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these THE POWER OF FAMILY Terms; (ii) any suit, claim or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to THE POWER OF FAMILY or incorporated into a Product; (iii) any suit, claim or demand arising from or related to any third-party products and/or services we offer on our Site whether or not used for or in connection with a Product you have ordered on our Site. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.
8. Disclaimer of Warranty
8.1. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
8.2. You acknowledge that there are risks in using products or services provided by third parties (such as a THE POWER OF FAMILY affiliate or one of our partners) through this Site or in connection with our Products, and that THE POWER OF FAMILY cannot and does not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by this third party, breach of warranty or contract, violation of rights, and any consequent claims.
8.3. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these THE POWER OF FAMILY Terms alter those consumer guarantees if it is illegal for THE POWER OF FAMILY to do so. If those consumer guarantees apply to you, and THE POWER OF FAMILY cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, THE POWER OF FAMILY: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of THE POWER OF FAMILY to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
8.4. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the Product or Design creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. THE POWER OF FAMILY does not proof documents created by its customers prior to processing.
8.5. Notwithstanding the foregoing, THE POWER OF FAMILY shall have no obligations under any warranties or consumer guarantees, if the alleged defect, non-conformance or damage is found to have occurred as a result of misuse, use other than as set forth in the applicable user manual or instructions for use, neglect, improper installation or accident, or as a result of improper repair, alteration, modification, storage, transportation or improper handling or if the usability is impaired only slightly.
8.6. Any granted Product warranty hereunder, shall extend directly to customer only and not to customer´s customers, agents or representatives. THE POWER OF FAMILY does not give any warranty of fitness for a particular purpose, merchantability or non-infringement of intellectual property rights.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE POWER OF FAMILY OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE POWER OF FAMILY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM THE POWER OF FAMILY, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH THE POWER OF FAMILY´S SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL THE POWER OF FAMILY BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT, OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to THE POWER OF FAMILY in connection with the operation of this Site including its content or any of our offered and/or supplied Products, shall be provided by the submitter and received by THE POWER OF FAMILY on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of THE POWER OF FAMILY. By submitting any such information to THE POWER OF FAMILY, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that THE POWER OF FAMILY shall be free to use such information on an unrestricted basis.
11. Governing Law, Jurisdiction and Dispute Resolution
11.1. The party you are contracting with and the seller of the products and services offered and sold on this Site is THE POWER OF FAMILY.
11.2. All issues related to the protection, infringement or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the State of New York without giving effect to any choice of conflict of law provision, principle or rule (whether of the State of New York or any other jurisdiction). You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these THE POWER OF FAMILY Terms.
11.3. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in a state or federal court located in New York County, New York. You agree to submit to the jurisdiction of the courts located in New York County, New York and agree that venue in these courts is proper in any such legal action or proceeding. You also agree to not assert, in any legal action or proceeding involving THE POWER OF FAMILY, that a court sitting in New York County, New York is an inconvenient forum for such legal action or proceeding.
11.4. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law THE POWER OF FAMILY, and THE POWER OF FAMILY's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
11.5. We recognise that in some countries, you might have legal rights as a consumer. If you are using the Site´s services or order a Product for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
11.6. The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be accessed here: http://ec.europa.eu/odr. We are not willing to enter into a dispute resolution proceeding before the SGC (the Dutch Foundation for Consumer Complaints Boards).