We invite you to participate in all areas of OMGCASE, including displaying artwork, providing feedback, writing reviews, visiting forums, forming groups with other users to work on projects, and interacting with other users.
You engage in our "Service" by browsing our website, buying anything from us, or both. By doing so, you agree to be bound by the terms and conditions set forth below, including all additional terms and conditions and policies linked herein and/or accessible via hyperlink. All users of the site, including without limitation browsers, vendors, customers, merchants, and/or content producers, are subject to these Terms of Service.
Before using or visiting our website, please take the time to thoroughly read these Terms of Service. You agree to be bound by these Terms of Service by accessing or using any element of the website. You are not permitted to use any Services or visit the website if you do not agree to all of the terms and conditions of this agreement. Acceptance is conditionally set forth in these Terms of Service, if these Terms of Service are an offer.
The Terms of Service also apply to any new features or tools that are introduced to the current store. On this page, you can always review the most recent version of the terms of service. By publishing updates and/or changes to our website, we retain the right to amend, modify, or replace any element of these Terms of Service. It is your obligation to periodically check this page for updates. Upon the publishing of any modifications, your continued use or access to the website implies acceptance of those changes.
Legal Agreement
All users ("users," "you," or "your") who use or use the OMGCASE website located at www.omgcase.com (the "website") do so under the terms and conditions set forth herein (the "Agreement"). The agreement is between the user and OMGCASE (OMGCASE is referred to as "we," "us," or "our" depending on the context), and continuous use of this website constitutes acceptance of this agreement.
Online Store Terms
Only those people who are able to enter into legally enforceable contracts under relevant law are eligible to use our services. Those under the age of 16 are not eligible for our services.
You are not permitted to use our products or services for any unlawful or unauthorized purposes, nor are you permitted to use the service in a way that violates local, state, federal, or international laws (including, but not limited to, copyright laws).
You must not distribute any worms, viruses, or other disruptive code.
Your services will be immediately terminated if any of the Terms are broken or violated.
General Conditions
Anytime, for any reason, we have the right to deny service to anyone.
You are aware that your content (except credit card data) may be transmitted over a variety of networks and subject to (a) transmission over those networks; and (b) changes to meet and adapt to the technical requirements of those networks or devices. Whenever credit card data is transferred over networks, it is always encrypted.
You agree that you will not, without our prior written consent, reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the service is given.
The headings used in this agreement are simply there for your convenience and have no bearing on these Terms in any way.
Products or Services (if applicable)
You can publish, discuss, and buy art using OMGCASE's services (the "OMGCASE service"), as well as communicate with other members and take use of OMGCASE's facilitation of product fulfillment, which includes payment processing, customer support, and third-party product manufacture. Also, OMGCASE will make arrangements for the physical product to be delivered to your consumer.
Some products or services might only be accessible online via the website. Certain products or services might be in short supply and can only be returned or exchanged in accordance with our return policy.
Every effort has been made to ensure that the colors and photographs of our products displayed in the store are as accurate as possible. We cannot guarantee that any color you see on your computer screen is accurately represented.
We reserve the right, but are under no obligation, to restrict who can purchase our goods or services in any given country, state, or other legal jurisdiction. On a case-by-case basis, we may use this right. We have the right to set a cap on the number of any goods or services we provide. All product descriptions and prices are subject to change at any time and without prior notice, at our sole discretion. Whenever, we reserve the right to stop selling any product. Any offer made on this website for any good or service is void where prohibited.
Members
By creating a password-protected account, you can sign up to use the website as a registered user ("member"). While signing up to become a member, you must choose a username and password. Before publishing any information on the website, such as reviews or comments in discussion boards, you must register as a member. OMGCASE reserves the right to reject any user name it deems offensive and/or prevent any individual from joining at its sole discretion.
Any information you decide to make available in the public portion of your profile may be seen, shared, or linked to on the website or while the OMGCASE service is being provided. We respect your privacy, and if you'd like to learn more about how we manage your personal data, you can read our privacy policy.
Passwords
You are liable for all activities taken on the website using your password, including any purchases and any content that is displayed or messages sent, even if you did not authorize or plan on taking such action. Any loss resulting from the use of your password by you or anyone else is totally your responsibility.
You acknowledge that you won't share your password with anyone else and won't keep it in a place where it can be copied or used by someone else except you. You must promptly change your password if you have any reason to believe someone else knows it.
Adding content to the OMGCASE website
You keep the copyright in any content you upload or submit to the website. You grant OMGCASE a non-exclusive, royalty-free right to use and archive the content in line with or as reasonably intended by this agreement in exchange for the use of the OMGCASE services.
You represent and warrant that the following when you submit or upload content to the website:
The content you upload will not violate the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent, or rights of privacy or publicity; your use of the website will comply with all applicable laws, rules, and regulations; and you own all copyright in the content, or if you don't, that you have permission to use the content, and that you have all of the rights necessary to display, reproduce, and sell the content.
The content is not obscene, pornographic, indecent, harassing, threatening, harmful, invading the privacy or publicity rights of others, abusive, inflammatory, or otherwise objectionable; it does not contain material that disparages or vilifies any individual, individual(s), group, race, religion, or religious organization;
The content is free of harmful code, such as viruses, worms, trojan horses, time bombs, cancelbots, or other computer programming routines that could harm, interfere with, covertly intercept, or steal any system, program, data, or private data.
The information is accurate and truthful and does not promote or advertise any false goods, services, schemes, or promotions.
OMGCASE reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and / or cancel your account, because that content breaches your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify OMGCASE in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
Making a Product Purchase on OMGCASE
Customers can use a legitimate credit card or PayPal to make purchases on the OMGCASE website.
To buy a product, you don't need to be a member.
At the moment of ordering, the price is predetermined.
The customer is in charge of making sure the product delivery address is accurate. Any goods that a customer does not receive as a result of inaccuracies in the delivery address provided to us is not the responsibility of OMGCASE.
No content or artwork offered or supplied by any member is subject to any warranty, endorsement, representation, or recommendation from us.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
Your use of our service will not be uninterrupted, timely, secure, or error-free, and we do not promise, represent, or warrant that it will be.
We do not guarantee the accuracy or dependability of any outcomes that may be attained through the use of the service.
You acknowledge that we reserve the right to discontinue the service at any time and without prior warning, or to remove it altogether.
You explicitly acknowledge that the service is used at your own risk, whether you can use it or not. Except where expressly stated by us, the service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, free from any express or implied representation, warranty, or condition of any kind, including without limitation any implied warranty or condition of title, non-infringement, merchantability, or fitness for a particular purpose.
In no case shall OMGCASE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnity
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
your breach of any clause of this agreement;
any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
your activities in connection with the website.
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
Severability
The unenforceable portion of any provision of these Terms of Service shall be deemed to be severed from these Terms of Service, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by applicable law. If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
Any right or provision of these Terms of Service that we do not execute or enforce in accordance with them does not constitute a waiver of those rights or provisions.
Your use of the Service is governed by these Terms of Service and any other policies or operating guidelines we post on this website or with regard to the Service, which supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.
Changes to Terms & Conditions
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
