1) Payment is due in full prior to production. Once a photo has been submitted or a scan has been completed for processing, the order cannot be canceled. All Gift Card sales are final.
2) Slight differences may appear between the Customer and the SuperMe collectible and colors due to the nature of the 3D processes. Certain details may be difficult to decipher and structures or details may be omitted due to their fragility in 3D production.
3) PLEASE NOTE: SuperMe Collectibles are manufactured by a combination of casting and 3D printing. The SuperMe is made of pvc, resin or nylon material. If dropped, the SuperMe could possibly scratch or break. SuperMe collectibles are not toys and should be kept away from children. If parts are ingested, seek medical assistance immediately.
4) Colors of the SuperMe Collectible may fade over time. Direct sunlight will lead to bleaching or cracking effects. Collectibles should be kept away from moisture or chemicals.
5) SuperMe Collectibles are shipped direct to Customers or can be picked up at the Customer scanning location. Delivery is estimated within 3-5 weeks from the date the photo is uploaded or scan is done. Delivery times are not guaranteed, and SuperMe will make efforts to notify the Customer if significant delays are expected.
6) Customer represents and warrants that he or she has the right to agree to the reproduction of their likeness and all accompanying accessories, attire, and all other likenesses, and all accompanying accessories and attire associated with this order. Customer represents and warrants further that he/she is of legal age and able to enter into a contract or is the legal guardian or custodian of the minor being scanned, imaged / produced.
7) Customer acknowledges that SuperMe owns all rights, title and interest in and to the scan data and
likeness in all formats and derivatives including 2D, 3D, digital, and physical created by SuperMe, LLC , any SuperMe affiliate, partner or licensee. You hereby that SuperMe, LLC may use such data and likeness for advertising, display, publication, or other purposes without limitation, unless you requested the removal of the imaging data pursuant to Section 9 below. SuperMe will not produce SuperMe Collectibles of anyone under the age of majority without a parent or legal guardian's prior written consent. SuperMe further reserves the right to alter or delete from any trademarks or logos that may, in SuperMe's sole judgment, infringe the intellectual property rights of third parties, if applied to SuperMe Collectibles.
8) SuperMe preserves 3D imaging data for ease of reprinting, for development of new applications and other purposes. If you choose to have your 3D imaging data removed from our databases after delivery of the final product, please either complete a request form, if available, at the scanning location or email your request to email@example.com with your order number within 7 days of purchase of a SuperMe Collectible. Failure to request removal of your 3D imaging data from our databases within this time period means that you agree to our use of this data pursuant to Section 8 above. You acknowledge that SuperMe is granting you the option to request the removal of your 3D imaging data as a courtesy. In no event shall this option be deemed as a waiver of SuperMe's rights, title or interest in and to your 3D scan data.
9) Miscellaneous Terms
1) Representation and Warranty. SuperMe represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services.
2) SuperMe shall not be liable for a breach of the warranty set forth in Section 10(1) unless Customer gives written notice of the defective Services, reasonably described, to SuperMe within seven (7) days of the time when Customer discovers or ought to have discovered that the Services were defective, and no later than seven (7) days after delivery of final product. SuperMe shall, in its sole discretion, either (i) re-perform such Services; or (ii) credit or refund the price of such Services. In the event SuperMe chooses to re-perform the services (imaging, scan, reprint, or repair), if required, you are solely responsible for arranging to visit a SuperMe location where the scan will be performed and for all costs associated with travelling to such location.
3) THE REMEDIES SET FORTH IN SECTION 10(2) SHALL BE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND SUPERME ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 10(1).
4) Disclaimer of Warranties. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 10(1) ABOVE, SUPERME MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
5) Limitation of Liability. IN NO EVENT SHALL SUPERME BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
6) IN NO EVENT SHALL SUPERME'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SUPERME UNDER THIS AGREEMENT. The limitation of liability set forth in this Section 11(6) shall not apply to (i) liability resulting from SuperMe's gross negligence or willful misconduct and (ii) death or bodily injury resulting from SuperMe's negligent acts or omissions.
7) Indemnification. Customer shall defend, indemnify and hold harmless SuperMe and SuperMe's Affiliates and its officers, directors, employees, agents, successors and permitted assigns from and against all damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, arising out of or resulting from bodily injury, death of any person or damage to real or tangible, personal property resulting from the negligent or willful acts or omissions of Customer; and Customer's breach of the representation and warranty set forth in Section 7 of this Agreement.
8) Waiver. No waiver by SuperMe of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by SuperMe. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
9) Force Majeure. SuperMe shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of SuperMe including, without limitation, acts of God, flood, fire, earthquake, explosion, virus, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10) Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
11) Submission to Jurisdiction. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Georgia in each case located in the City of Stone Mountain and County of Dekalb; and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
12) Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
13) Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Governing Law, Submission to Jurisdiction and Survival.