All sales are final, due to the personal and custom design of each product. Please do not send your purchase back to the manufacturer.
We only replace items if they are defective or damaged as a result of the manufacturer's error. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: 591 Union Rd Spring Valley New York United States 10977.
Our products are shipped within the United States using the following carriers: USPS FedEx UPS . To return your product, you should mail your product to:591 Union Rd, Spring Valley New York United States 10977. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Use of this website
When you use our Products or Website, you may be asked for personally identifiable information such as your name, address, email address, and telephone number.
By giving us such information, you will need to consent by using it in the manner described in this policy.
You may withdraw your consent at any time by emailing us at email@example.com. We will return or destroy your personal information within five days of receipt of your withdrawal of consent.
All security on our Website is treated seriously. Where applicable, we undertake security steps, including use of SSL technology, on our back-end systems that store customer account information and to protect data transmissions. However, this is not a guarantee that such data transmissions cannot be accessed, altered or deleted due to firewall or other security software failures.
If you have any further concerns about security, please email our Customer Service team at firstname.lastname@example.org
USE OF THE SITE
1. You may access and use the Sites solely for your personal, noncommercial use. Except as expressly authorized hereunder, the Sites may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without DollsThatHeal’s prior written authorization. We reserve the right to alter or discontinue the Sites, in whole or in part, at any time in DollsThatHeal’s sole discretion.
2. Your Use of our Sites Subject to and conditioned upon your compliance with these Terms, DollsThatHeal grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Sites, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your User Submitted Materials as defined below), solely as made available by DollsThatHeal and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Sites or create derivative works of any portion of the Sites without the written consent of DollsThatHeal. While using any of our Sites, you agree not to:
◦ Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
◦ Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
◦ Restrict or inhibit any other user from using the Sites, including, without limitation, by means of "hacking" or defacing any portion of the Sites;
◦ Violate any applicable laws or regulations;
◦ Upload to, transmit through, or display on the Sites (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes DollsThatHeal or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
◦ Engage in spamming;
◦ Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
◦ Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Sites; and
◦ Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Sites.
3. Your Member Account You may create a member account with any of our Sites by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Sites. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify DollsThatHeal Inc of any unauthorized use of your account on any of our Sites.In order to create a member account with any of our Sites, you must be at least 13 years of age. You represent to DollsThatHeal that you are at least 13 years old. If you are not at least 13 years old, please do not set up an account with any of our Sites.
4. If you fail to comply with the above rules, such failure shall constitute a breach of these Terms, and, in addition to any other rights or remedies DollsThatHeal may have, DollsThatHeal may immediately terminate your access to and use of the Sites.In addition, there are specific policies applicable to DollsThatHeal Share Sites. If you use a DollsThatHeal Share Site, you agree not to:
◦ Display adult nudity or inappropriate child nudity.
◦ Display adult nudity or inappropriate child nudity.
◦ Upload photographs of people who have not given permission for their photographs to be uploaded to a share site.
◦ Use the Share Sites for the sale of goods or services.
◦ Post objectionable material, such as material containing hate or malicious content or offers for adult services, or terrorism or advocacy of violence.
6. Web Addresses (URLs) As part of our Share Sites, we may provide you with access to and use of certain personalized pages and the corresponding web addresses (URLs) you choose. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.
8. Materials Submitted by Customer Any materials submitted by you, including (without limitation) photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
◦ You will retain ownership of such User Submitted Materials, and you grant DollsThatHeal and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the provision or production of any product or service you request. We use User Submitted Materials only in connection with products or services we provide that you request, and for no other reason. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Similarly, if you want to share a photobear with your friends and family, DollsThatHeal will accommodate your request by making available your photos to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photos.
◦ Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through DollsThatHeal are not proprietary to you, and such template or layout shall be the sole and exclusive property of DollsThatHeal.
◦ You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
◦ You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to DollsThatHeal a copy of any such consents, releases and/or permissions upon DollsThatHeal request). If you do submit a Submission that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.
◦ You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any User Submitted Materials (including, without limitation, suspended processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect ourselves or our affiliates, distributors, partners, licensors or other third parties, to comply with legal obligations or governmental requests.
◦ Please note that some of our Sites have an automated method of reporting User Submitted Materials that they believe to be inappropriate. If we do provide such a method, User Submitted Materials that are reported more than a certain number of times may be automatically removed from our Sites; provided, however, that DollsThatHeal has no obligation to remove User Submitted Materials in response to user reports or requests. DollsThatHeal is not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials from our Sites. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
9. Calendar Feature Our Sites may provide you with access to a calendar feature where you can store birthdays, anniversaries, and other key dates and details about friends and family, and we may send you email reminders of the personalized dates you have entered in this calendar. We provide you with this feature as a convenience only, but we cannot guarantee that this feature will work accurately in all cases and/or at all times. We are not responsible or liable for any damages caused by your reliance on this feature, use of this feature and/or inability to use this feature. Reminder information is highly confidential and will not be shared with third parties.
11. Mobile Applications Before using any of our mobile applications ("App"), we may ask you to install a valid copy of the App on your mobile device, install any mobile software applications on your mobile device and create an account, input your account information into the App as requested, register for an account; and meet certain hardware and connection requirements which may change as the App evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using the App. Should you uninstall the App from your mobile device, you may not be able to use all or some of the features of the App. We use reasonable efforts to accurately display the attributes of photographs that you order through the App, including the colors of those photographs, however, the actual color you see is dependent upon your mobile device, and we cannot guarantee that your mobile device will accurately display such colors.
12. Copyright Issues While we aren't obligated to review User Submitted Materials for copyright infringement, DollsThatHeal is committed to protecting copyrights and expects users of the Sites to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Sites infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding DollsThatHeal should be sent to:ATTN: Legal
591 Union Road, Spring Valley, NY, 10977
13. Forums We may permit you to share your User Submitted Materials with other users, including but not limited to our user comment functionality, online image share feature and our public gallery, user forums and blogs (collectively, "Forums"). Some Forum participants may use anonymous screen names and may have no other connection with DollsThatHeal or any of its brands. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our website or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of DollsThatHeal or any of its brands. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will DollsThatHeal, any of our affiliates, distributors, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through our website. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through our website.Some features of our website enable you to send and receive transmissions. You acknowledge and agree that DollsThatHeal has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. DollsThatHeal reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our website and/or the amount of storage space available for transmissions or for any feature made available through our website.
14. Disclaimer of Warranties EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, THE PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DOLLSTHATHEAL, AND THEIR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF DOLLSTHATHEAL OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
15. Limitation of Liability TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER DOLLSTHATHEAL NOR ANY OF THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROVISION OF PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND THEREFORE IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF SHUTTERFLY ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Policy for Submiting an Idea Many of our customers are interested in submitting ideas and suggestions for products and services to be used at DollsThatHeal and/or any of our brands, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the Sites; however, please note that any such ideas or suggestions that you submit will be owned by DollsThatHeal, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to DollsThatHeal. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval.You can inquire regarding such approval by sending a letter to DollsThatHeal 591 Union Road, Spring Valley, NY, 10977 Attn: Submit an Idea. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by DollsThatHeal in order to evaluate your idea or suggestion.
18. Intellectual Property Notices Portions of the Service are covered by our U.S. Patents; and other issued US patents and pending US patent applications. The Service is ©2013 DollsThatHeal Inc. All rights reserved.All trademarks and service marks on DollsThatHeal and any of our Sites not owned by us are the property of their respective owners. DollsThatHeal owns the following registered trademarks and logos: “DollsThatHeal”. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on DollsThatHeal or any of our Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
19. Jurisdictional Issues DollsThatHeal and its brands are controlled and operated from the United States. Our Sites are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. DollsThatHeal does not represent or warrant that any of its Sites, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access DollsThatHeal do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit DollsThatHeal availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
20. Miscellaneous These Terms are governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Wayne, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.If you have any questions or comments regarding these Terms, please contact: email@example.com.
21. Termination Either you or DollsThatHeal may terminate your access to the Sites and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the Sites will immediately cease. Upon termination, you will have no further access to any information, files or materials related to your account, including, without limitation, any User Submitted Materials. Upon termination, DollsThatHeal may delete all information, files and materials related to your account, including any User Submitted Materials, and you agree that DollsThatHeal shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files or materials related to your account. In addition, DollsThatHeal shall have no obligation whatsoever to make any such information, files or materials available to you following a termination of your rights of access to your account.