| TERMS OF SERVICE 1. ACCEPTANCE OF TERMS Welcome to pinable.com! pinable.com (hereafter also referred to as “the company”, “we”, “us”, “our”) provides its service to its customers (hereafter also referred to as “you”, “your”), subject to the following Terms of Service ("TOS").These TOS may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.pinable.com/tos.html. Our service begins upon receipt of a completed order form. 2. DESCRIPTION OF SERVICE Pinable.com currently provides a design service and production monitoring of coins, lapel pins, key chains, and medals. Use of Service includes but is not limited to verbal, electronic, and/or other communication, design, payment, and/or receipt of communication or goods from coinable.com, its agents, subsidiaries, advertisers, affiliates, officers, co-branders, partners, and/or its employees. From conception on a piece of paper, fax, email, or any computer program, we generate a final version of artwork for your approval. The Free Artwork Service has been fulfilled after completion of the initial design based upon your submissions and an email has been sent containing a link to view the final version we have created. Any changes you request after the third change from the initial design will incur additional art fees of $50.00 per hour. Changes generally take less than an hour to make. Our free artwork service is free up and until you cancel your order. When orders are cancelled for any reason you will be charged accordingly at the above rate of $50.00 per hour. A $150.00 Cancellation fee will also apply and die fees will not be returned. If, for any reason, after three attempts to design your pin, art fees may also accrue at a rate of $50.00 per hour, notification will be given prior to changes being made and charges being applied. Final approval of your pin design is required and may hold production of your pin until an email is received that you approve the final pin design. By sending the approval email, you approve that all details are correct, spelling and layout are as desired. Loss of email privileges or email contact will not constitute a refund of any charges that have been incurred. All artwork generated by the company is 90-95% in the likeness of the final pin, changes may be made to the design by the die makers at their discretion. Upon receipt of the order form the balance will be charged to the credit card on file or payment in full by check is requested. Orders will not be placed until a check arrives. The balance is due up front to lock in metal prices. Orders that do not progress to an approval of the artwork after 45 days from the submission date on the order form will be deemed canceled, charges will apply as listed above. We provide free shipping on your first order for coins up to 2", except for RUSH orders and international shipping. FPO and APO addresses are not considered international, but BFPO is. Shipping is the customer's responsibility for coin orders over 2" for the first order. The customer is responsible for shipping on all future reorders. We have a satisfaction guarantee policy. We guarantee the quality, craftsmanship, and service of our coins. Each pin is custom and hand painted. Pins may contain small flaws by their handcrafted nature. By placing the order you agree to a +/- 3-4% error rate, over run, under run. If there is an error on the pin which was caused by us, we will re-make the die at no cost to you. The customer is responsible for proofing the artwork prior to the artwork being sent to the factory. Once the artwork is approved, the customer assumes all responsibility for the layout and text on the pin as approved. If changes are made after the die is created, the customer assumes responsibility for the cost of the new die and art fees to make the changes. If you decide to skip the sample pin, or process your order as a RUSH, you agree to accept the full order as is when received. The die makers will design your pins to the best of their ability based on the artwork provided. The purpose of the sample pin is to approve the color on a single pin before the full order is produced. We use PANTONE color matching to assure proper colors are painted on the pin. A full list of the different PANTONE colors can be found on our frequently asked questions page. Verification of the colors listed on your artwork with the pantone chart is the responsibility of the customer to ensure there are no errors on color Once the pins are produced they cannot be changed unless you pay to have them re-done. For RUSH service a $300.00 charge will be added to the total of your order. When you place an order, we have sample pins made to show other potential customers examples of our workmanship. This is a limited number of pins, not to exceed 10. The customer incurs no charges for the creation or our use of these sample coins. If you do not want your pin used as a sample please notify us when the order is placed. Any checks returned for NSF (Non-Sufficient Funds) or any other reason will be charged with a $50 processing fee, and orders will be put on hold indefinitely until this issue is resolved. If changes are required to the dies at your request after the approval of artwork, the full die charge will apply. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of our Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Order Form Data") and (b) maintain and promptly update the Order Form Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, (or pinable.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete) pinable.com has the right to suspend or terminate your account and refuse any and all current or future use of our Service (or any portion thereof.) 4. PRIVACY POLICY Order Form Data and other traffic which we receive will remain private and will not be shared with any other company. We do however reserve the right to use portions of emails or customer satisfaction survey results as we list comments based upon your experience with pinable.com. Only the first initial and last name will be used in this forum. 5. MEMBER ACCOUNT AND SECURITY You will receive a customer ID upon the submission of your order form. This ID is subject to change as we establish a permanent account number (or “Customer ID”) for your order. Please keep this information private so that no one can reorder your coins in the future. Also, keep this information in a secure place for easy reference in the future. This will help expedite reordering. 6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON OUR SERVICE Pinable.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of our Service, you grant pinable.com the following world-wide, royalty free and non-exclusive license(s), as applicable: "Publicly accessible" areas of the Service are those areas of pinable.com intended by pinable.com to be available to the general public. By way of example, publicly accessible areas of the Service would include any link from website pages from the index (home) page down. Each account will receive its own web page, but will not be accessible without the knowledge of the customer ID. No internal links point to this page. 7. INDEMNITY You agree to indemnify and hold pinable.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, or make available through our Service, your use of our Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. In the event pinable.com has to seek legal action or the use of a collection agency to collect an outstanding debt, you agree to cover any and all additional costs associated with collection of said debt. This includes but is not limited to attorney fees, collection fees and court costs associated with the enforcement of collecting payment. 8. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of our Service, use of our Service, or access to our Service. 9. PINABLE'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in our information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by pinable.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 10. DISCLAIMER OF WARRANTIES All pins are custom made and can not be returned, unless expressed permission from pinable.com is given to do so. In the event of returned items, items become the sole property of pinable.com and may be used as samples, sold on eBAY, or marketed by any means possible to recoup costs involved. If a charge back is filed for reasons outside of our control, all fees as described above will not be returned, this may include all: art time fees, die fees, retail cost of pins already manufactured and cancellation fees, even if the pins were not delivered. 11. TRADEMARK INFORMATION pinable.com is a trademark of JR coinable, all rights are reserved. 12. LIMITATIONS OF LIABILITY We will produce a quality product at a fair price. We will deliver the pins in a reasonable amount of time. Normal turn around time for a regular order is 65 days, 35-45 days if you skip the sample pin. If you process a RUSH order, the turnaround time is 30 days. No part of production may be taken out of context. Production includes, delivery via or choice of delivery. Exclusions of prompt delivery will be for APO/FPO addresses, which we cannot control. 13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT If copywritten material is used on your pin design, you assume full responsibility for its use. You are responsible for obtaining permission from the legal copyright holder and agree to hold coinable.com, it's factories and employees harmless in any legal action taken against you for copyright violations. According to copyright law, any work of art, image, photograph or expression is copyright from the time it is created. It does NOT have to have a copyright symbol or notice to be copywritten! Downloading images from a web site is also violation of copyright laws, please obtain all permissions prior to placing an order. In most cases copyright holders offer permission with little or no compensation. Pinable.com respects the intellectual property of others, and we ask our users to do the same. coinable.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts who may repeatedly infringe upon or attempt to infringe upon these property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide coinable.com Copyright Agent the following information:  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Pinable's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o pinable.com. 20783 N 83rd Ave Suite 103-484 Peoria, AZ 85382 14. GENERAL INFORMATION |
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