Terms and Conditions
Date of Last Revision: August 9, 2016
Welcome to CustomAdultColoring.com
Welcome to the CustomAdultColoring.com website (the “Website”). The Website is owned and operated by Westie Press, Inc., a Delaware Corporation located at 26616 Pepperidge Cove Millsboro, DE 19966 (“WP” or “our”). For the purpose of these Terms, the terms “You” and “Your” refers to the customer visiting the Website.
1. Using Our Services
By using this Website, you agree to these Terms. No use of the Website is permitted by those under the age of majority in their state of residence without supervision. In no event is use of the Website permitted by those under the age of 13 unless supervised by an adult. If you are using the Website on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
WP retains the right at our sole-discretion to deny anyone the ability to access the Website. WP may deny access at any time and for any reason, including but not limited to, for violating these Terms.
Our Website displays content that is not created or developed by WP. The purpose of the Website is to sell custom coloring books (“The Books”). The Books consist of black and white images selected by you, thus making your Book unique to the degree created by you. Due to the uniqueness of the product, returns will not be accepted other than in the instance a Book is defective at the time shipped.
The Books are digitally printed using a technique known as “Print on Demand” which allows books to be produced one at a time, according to the selections made by you. Book covers are printed separately and connected to the black-and-white image pages utilizing a barcode matching system. In the unlikely event that an incorrect cover is attached, the book will be deemed defective, and a replacement book will be produced and delivered to buyer at our expense. All Books will be printed in accordance with accepted commercial printing trade customs, and manufacturing will be performed at our sole direction, except where it violates these terms.
All images in the Custom Adult Coloring book are property of the individual artist and printed under a limited licensing agreement with WP. Making additional copies of any images contained in any Book, or contained on this Website, is strictly forbidden and a violation of these terms and federal intellectual property law. The buyer is granted permission for a one time use of any image contained in a purchased Book. WP shall not be liable for any artwork submitted by third parties which is deemed offensive to you.
Finished books are shipped via US Mail. WP will package books in a manner to survive normal handling by the US Post Office and its employees. Lost or damaged books will be replaced, upon receipt of proper proof of damage. Any damage claims must be submitted to email@example.com within 10 days of receipt of product. WP takes no responsibility for transit time between WP’s printer and buyer.
2. Prohibited Uses
While you may make limited copies of this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to do any of the following:
- Use this Website or its contents for any commercial purpose.
- Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- "Frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your account shows signs of fraud, abuse or suspicious activity, WP may close your account. If you have conducted any fraudulent activity, WP reserves the right to take any necessary legal action and you shall be liable for monetary losses to WP, including litigation costs and damages. To contest the closure of an account, please contact WP Customer Service.
3. Limitation on Liability
To the fullest extent permitted by law, in no event shall WP or any of its affiliates, or any of their respective directors, employees and agents, be liable for any special, indirect or consequential damages resulting from your utilization of this Website, or your purchase of a Book.
To the extent permitted by law, the total liability of WP, and/or its affiliates, for any claim arising out of or relating in any manner to the use of the Website, or purchase of a Book, is limited to the amount you paid WP.
The limitation of damages set forth above is a fundamental element of the bargain between you and WP. No products or services would not be provided to you without such limitations.
WP may revise these Terms from time to time, and we will always post the most up-to-date version on the Website. If we determine, in our sole-discretion, that a modification to these Terms materially affects your rights, we will notify you by email. By continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
Choice of Law
This Agreement, and all claims which may arise concerning your commercial relationship with WP, shall be governed by Maryland law.
Notwithstanding any of these Terms, WP reserves the right, without notice and in its sole-discretion, to terminate your ability to use the Website, and to prevent you from purchasing a Book. WP reserves the right to refuse service to anyone for any reason at any time. In the event your access to the Website is terminated, you have no right to obtain a copy of any data in WP’s possession.
These Terms constitute the entire agreement between you and WP with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
WP’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. WP may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the services or products provided by WP.
© 2018 Westie Press, Inc. All Rights Reserved. All images are copyright to their respective owners.