TERMS AND CONDITIONS OF SERVICE
Welcome to the Double Cup Foams web site. Please read these terms and conditions of use carefully before using this web site (“site”). The terms and conditions set forth herein governs your use of this web site and the services that we provide through this website and constitutes the entire understanding between Double Cup FoamsTM (“DCF”) and you; the users of DCF services and any related services.
Your use of this web site signifies your acceptance to be bound by all the terms and conditions herein. Please, do not continue to use this web site if you do not agree to these terms and conditions of use.
Ownership
All rights to the Web Site, the content, information herein and other services and materials made available on this Web Site, including software application, (collectively the “Materials”) are proprietary to DCF and are protected by the United States and International copyright laws as well as other intellectual property laws. All rights not expressly granted under these Terms and Conditions of Use are retained by DCF.
License to Use Website
Unless otherwise stated, DCF own the intellectual property rights herein this website and services provided on the website. Subject to the license below, all the intellectual property rights are reserved. You may download or print out on a single computer for your non-commercial internal use only unless specifically licensed to do otherwise by DCF in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding if you are a commercial user of DCF products you may print out and use a reasonable number of copies of Materials related to those specific DCF products solely in connection with your authorized use of such products.
Limited License to Use Site
As a user of this web site and the service provided by DCF, you are hereby granted a nontransferable, nonexclusive, revocable, limited license in order to access this web site and is subject to the following restrictions:
You may not:
(a) modify or edit the Materials or use them for any public performance, display, sale, rental, or for any commercial purpose except as otherwise authorized above;
(b) reverse engineer, manually extract, or disassemble software Materials or create derivative works from the website or services provided by DCF except and only to the extent permitted by applicable law;
(c) remove any copyright or other proprietary notices from the Materials;
(d) determine the Web Site architecture nor extract information or data about individual identities, usage of the Web Site or other activities via the use of any network monitoring software or as may be otherwise applicable.
(e) transmit or upload any form of computer virus, defect, malicious codes, trojan horse, worm or any other item capable of causing harm onto the Web Site,
(f) try to gain access to unauthorized information.
Termination of This License
In the event that you violate any of the Terms and conditions of Use herein, your authorization to use this Web Site shall be automatically terminated and you must immediately discontinue your use of the Web Site and destroy any downloaded or printed Materials obtained from the Web Site.
DCF Product Descriptions, Availability, Pricing and Tax
Product Description: We make attempts to ensure that products descriptions are as accurate as possible. However, we make no representation or give no warranties or undertakings of any kind, express or implied, with regard to the accuracy, reliability, timeliness or completeness of any such information.
Product Availability: We put in our best endeavors to ensure products displayed on the website are available for purchase and delivery. In the rare event where a product is unavailable for delivery, we will notify you prior to you completing your order.
Product Pricing: We may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full.
Tax: DCF will add applicable sales/use tax on orders as may be necessary. The total price of your order is inclusive of any applicable tax.
Unacceptable Artwork and Trademarks Submitted to DCF
DCF reserves the right to reject any order or artwork submission that contain designs or content that could be considered racist, profane, defamatory, libelous or promotes violence or persecution based on race, gender, disability, or origin, or which contains explicit sexual content not acceptable by DCF.
You warrant and represent that you are the sole legal owner or licensee of all rights, including copyright, to each trademark, logo, statement or any other intellectual property included in the design or artwork uploaded to be imprinted on the foam cups you order. You agree to defend, at your sole expense, any claim, lawsuit or proceeding brought against DCF for the reproduction of the marks, logo or written information provided to us by you, resulting in any unfair use of any third party’s copyright, trademark or other right. DCF shall not be held responsible for any unauthorized, inappropriate or unlawful use of any logo or trademark imprinted on the foam cups purchased from us.
Payment and Delivery of Order
Payment: The total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order unless otherwise agreed in advance in writing. Payment can be made by most major credit or debit cards, and by other online payment methods made available to you at the checkout page. If you make use of a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorized to use. All credit/debit card holders are subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
Delivery of Order: If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Where we have agreed to deliver the Products, we will use reasonable endeavors to do so within the estimated delivery timeframe, or if no date is specified, within 30 days of the date of your order. In the case of circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the Products within these timeframes and we will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree on alternative delivery date.
You must also do all that you reasonably can to enable the delivery to take place on the given date. If we are unable to deliver the Products as a result of your action or inaction (for example, you are not present at your property), we will need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this. Unless we have agreed otherwise, Products must be signed for on delivery. Delivery will be completed when we deliver the Products to the address you specified in your order.
If you do not receive your Products on the stated delivery date, you must notify us immediately.
Cancellation of an Order: Upon receiving an order from you, we cannot guarantee that you will have an option to cancel the order. In the event that we accept a cancellation request, such acceptance will be on our own terms.
User Generated Contents; Testimonials, Feedback and Other Submissions
In these terms and conditions of use, “User Generated Content” means any material (including without limitation to text, video material, audio material, and audio-visual material, feedbacks, suggestions) that you upload/submit to this Web Site for review by the public, by DCF or for whatever purpose.
Please be aware that user-generated contents shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing or otherwise submitting any user communications to this website you understand and agree that you grant DCF a worldwide, non-exclusive, irrevocable, royalty-free license to reproduce, use, publish, distribute and translate such user-generated content in any existing or future media.
You also grant DCF the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You warrant and represent that you own or otherwise control all of the rights to the contents that you provide onto the web site and that such content must not be unlawful, illegal, must not infringe on any third party legal rights, and must not have the capacity of bringing about any legal action; whether against you or DCF.
DCF shall have no obligation to monitor the contents provided by the website users, nor shall DCF have an obligation to remove any User-Generated Content that you have opted to input and share on the DCF website. However, DCF has the exclusive right to review any material posted to the website and to remove any materials in its sole discretion.
DCF reserves the right at all times to disclose any information as DCF deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in DCF’s sole discretion.
DCF does not control or endorse the content, messages or information found in any User Generated section and, therefore, DCF specifically disclaims any liability with regard to them and any actions resulting what you do with any of such content.
Third-Party Links
Certain links on the website may allow you to leave our website. The linked sites are not in any way under the control of DCF and we are not responsible for the contents of any of such linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any form of transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site
General Disclaimer and Limitation of Liability
Although DCF has attempted to provide accurate information on this Site, DCF assumes no responsibility for the validity, accuracy and usefulness of the information or Materials; nor does DCF warrant that the information or Materials are up to date; or that this Web Site shall be available at any particular time or in any given location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Web Site is at your sole risk. DCF may change the Materials or products mentioned at any time without notice.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL DCF BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY DCF PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF DCF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
UPON A REQUEST BY DCF, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DCF AND ITS AFFILIATES, AGENTS, OR OTHER BUSINESS PARTNERS, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE. DCF RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH DCF IN ASSERTING ANY AVAILABLE DEFENSES.
Choice of Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia and applicable United States federal law, without reference to “conflicts of laws” provisions or principles.
General Provisions
Entire Agreement: Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and DCF with respect to your use of this Web Site and supersedes all prior communications and proposals (whether oral, written, or electronic) between you and DCF with respect to use of this Web Site. Any rights not otherwise expressly granted by this Agreement are reserved by DCF.
Waiver: The failure of DCF to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision.
Severability: If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Change in Policy
Please note that DCF reserves the right to update and change these Terms and Conditions of Use from time to time at its sole discretion. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this Web Site following the posting of any changes to the Terms and Conditions of Use will confirm your acceptance of those changes. In the case of any violation of these Terms and Conditions of Use, DCF reserves the right to seek all remedies available in law and equity for such violations.
Contacting Us
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site and services, please contact us through our contact form.