Terms of service

Overview

This website is operated by ProMinted. Throughout the site the terms "we," "us" and "our" refer to ProMinted. ProMinted offers this website including all information, tools and services available from this site to you the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and purchasing something from us you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site including without limitation users who are browsers, customers, merchants and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement then you may not access the website or use any services.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. Online Store Terms

By agreeing to these Terms of Service you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you in the use of the Service violate any laws in your jurisdiction including but not limited to copyright laws.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or access to the Service without express written permission by us.

3. Products and Services

ProMinted specializes in custom printed trading cards and keepsakes for sports, life milestones and other personal moments. Our product offerings include but are not limited to custom sports trading cards for youth and adult leagues, teams and individual players, single slabbed cards presented in magnetic cases and gift packaging, life milestone keepsakes including weddings, anniversaries, new babies and pets, and season posters, sticker sheets, canvas prints and other personalized printed products.

All products are made to order. We have made every effort to display product colors and images as accurately as possible. We cannot guarantee that your monitor's display of any color will be accurate. Product availability, pricing and specifications are subject to change without notice. We reserve the right to discontinue any product at any time.

4. Custom Artwork and Image Rights

By submitting photos, names, statistics or any other content to ProMinted for use in a custom order you represent and warrant that you are the owner of or have full legal permission to use all images, names, likenesses and content submitted, your submitted content does not infringe upon any copyright, trademark, right of publicity or any other intellectual property or personal rights of any third party, you have obtained any necessary consents required to use the likeness of any individual depicted in submitted photos including minors, and your submitted content does not contain anything unlawful, offensive, defamatory, obscene or otherwise objectionable.

ProMinted reserves the right to refuse, cancel or modify any order containing content that we determine in our sole discretion to be inappropriate, infringing or in violation of these Terms. We are not responsible for verifying the ownership or rights of submitted content and are not liable for any claims arising from your submission.

By placing an order you grant ProMinted a limited, non-exclusive license to use your submitted content solely for the purpose of fulfilling your order.

5. Orders Involving Minors

Many of our products feature images of children. By submitting photos of minors you represent and warrant that you are the parent or legal guardian of the minor depicted, or that you have obtained proper written consent from the parent or legal guardian to use that minor's likeness in a custom product. ProMinted accepts no liability for unauthorized use of a minor's likeness.

6. Order Placement and Accuracy

You are solely responsible for the accuracy of all information submitted when placing an order including but not limited to player names, jersey numbers, statistics, photo quality and any other custom details. ProMinted produces orders based entirely on the information you provide. We do not independently verify submitted details. Please review all information carefully before completing your order.

We reserve the right to refuse any order you place with us. We may in our sole discretion limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order we will attempt to notify you by contacting the email and billing address provided at the time the order was made.

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders at any time without prior notice.

7. Pricing and Payment

All prices are in US Dollars and are subject to change without notice. Payment is required in full at checkout. We accept the payment methods displayed at the time of purchase. By submitting payment you authorize ProMinted to charge your selected payment method for the total order amount including applicable taxes and shipping fees. ProMinted does not store full payment card details. All transactions are processed securely through our payment provider.

8. Production and Shipping

All ProMinted products are made to order and go through a multi-step production process before shipment. Processing times vary by product type. Please refer to our Shipping Policy at prominted.com for current production and delivery timelines.

Delivery estimates are provided by the carrier and are not guaranteed. ProMinted is not responsible for delays caused by the carrier, weather conditions or circumstances outside our control. Risk of loss and title for products pass to you upon delivery to the carrier.

9. Refunds and Returns

Due to the fully custom nature of our products all sales are final once an order enters production. Customer errors in submitted information are not eligible for refunds but may qualify for a discounted replacement. Errors or defects caused by ProMinted will be reprinted and replaced at no charge. Orders damaged during shipping may be eligible for replacement subject to photo verification within 5 business days of delivery. Please refer to our full Refund Policy at prominted.com for complete details.

10. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time but have no obligation to update any information on our site.

11. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service or any part thereof without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

12. Third Party Links

Certain content or services available via our Site may include materials from third parties. Third party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third party sites and we do not warrant and will not have any liability for any third party materials, websites, products or services. Complaints or questions regarding third party products should be directed to the third party.

13. Optional Tools

We may provide you with access to third party tools over which we neither monitor nor have any control. You acknowledge that we provide access to such tools on an "as is" and "as available" basis without any warranties or endorsement. We shall have no liability arising from or relating to your use of optional third party tools. Any use of optional tools is entirely at your own risk.

14. User Comments and Submissions

If you send us creative ideas, suggestions, feedback or other materials, you agree that we may at any time without restriction use any comments that you forward to us. We are under no obligation to maintain any comments in confidence, pay compensation for any comments or respond to any comments.

You agree that your comments will not violate any right of any third party including copyright, trademark or privacy rights. You agree that your comments will not contain unlawful, abusive or obscene material or any computer virus or malware. You are solely responsible for any comments you make and their accuracy.

15. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. We do not sell or share your personal information with third parties for marketing purposes.

16. Intellectual Property

All original content on the Site including logos, brand name, design templates, graphics and text created by ProMinted is the exclusive property of ProMinted and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify or use any ProMinted owned content without our prior written permission. ProMinted does not claim ownership over content you submit for your custom order. You retain all rights to your own submitted photos and materials.

17. Prohibited Uses

In addition to other prohibitions set forth in these Terms you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform unlawful acts, to violate any international, federal or state regulations or laws, to infringe upon our intellectual property rights or those of others, to harass, abuse, defame or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability, to submit false or misleading information, to upload or transmit viruses or malicious code, to collect or track the personal information of others, to spam, phish or scrape, for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any prohibited uses.

18. Disclaimer of Warranties and Limitation of Liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. The Service and all products delivered through the Service are provided "as is" and "as available" without any representation, warranties or conditions of any kind either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.

To the fullest extent permitted by applicable law, ProMinted and its owners, employees, affiliates, agents, contractors, suppliers and service providers shall not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind including lost profits, lost revenue, lost savings, loss of data or replacement costs arising from your use of the Service or any products procured using the Service, even if advised of the possibility of such damages.

Our total liability to you for any claim related to a specific order shall not exceed the total amount paid by you for that order. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states our liability shall be limited to the maximum extent permitted by law.

19. Indemnification

You agree to indemnify, defend and hold harmless ProMinted and its owners, employees, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors and suppliers from any claim or demand including reasonable attorneys fees made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your submitted content.

20. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

21. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If in our sole judgment you fail or we suspect that you have failed to comply with any term or provision of these Terms we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

22. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals whether oral or written between you and us.

23. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Massachusetts.

24. Changes to Terms of Service

We reserve the right at our sole discretion to update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

25. Contact Information

Questions about these Terms of Service should be sent to us at chris@baseballmode.com