HAERAE TERMS AND CONDITIONSThe Terms and Conditions (“Terms”) herein govern your use of Haerae service. Your use of Haerae service constitutes acceptance of these Terms and creates a binding legal agreement, so please read them carefully. Please note, you must be 18 years or older to use this service.
REGISTRATIONYou agree that any information that you provide to Haerae upon order and at all other times will be accurate, current, and complete. This is especially important as regards your email address since that is the primary way in which Haerae will communicate with you about your account and your orders.
CUSTOMER DESIGNSHaerae has a firm commitment to safeguarding your privacy and your supplied designs. At no time will Haerae share, publish, reuse, market, or sell customer-supplied designs without the explicit request from you, the customer, to do so. Haerae does not maintain an image library or marketplace for the sale of custom printed fabrics.
COPYRIGHTSAs a condition of your use of the Haerae service, you agree to hold Haerae, its subsidiaries, affiliates and their respective officers, directors, shareholders, and employees free and harmless against and from all claims, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees) relating to you or your representative(s)' submission of any copyrighted work to Haerae, or submission for use, creation or manufacture of any Haerae product or service, which may be or ruled to be subject to infringement. Haerae respects the intellectual property rights of others. If you notice that your copyright in a work has been violated through this service, please contact us for notice of claims of copyright infringement. Upon receiving your complaint, Haerae may remove content that you believe infringes your copyright. In addition, Haerae may terminate the account of the member who appears to be infringing your intellectual property rights. Haerae claims no ownership rights for any image contained in any of the products contracted to manufacture on your behalf. For the sole purpose of fulfilling any orders contracted with Haerae, you automatically grant to Haerae a non-exclusive, royalty-free license to use, copy, distribute, and display those images into any Haerae product for which you have provided express consent either through order payment or written confirmation.
USE OF SITEYou understand and agree that every submission of any content or digital content or film or print or image of any kind to Haerae, and the download or upload of any material or content through Haerae service is done at your own discretion and risk. Also, you agree that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or data loss that may result in the use of the Haerae service, website including but not limited to the download or upload of any material. You are fully responsible for creating back-ups of your content. In the event of any mistake by Haerae, such as the shipment of a defective product, Haerae will be liable only to the extent of its return and refund policy. To the fullest extent allowed by law, Haerae shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive damages resulting from the use or provision of Haerae service or site, even if Haerae has been advised of the possibility of such damages.
YOUR CONDUCTYou are fully responsible for all of the images you upload, share, send, or copy using Haerae’s custom printed fabrics service. You must have the legal copyright to display each image that you upload and/or contract Haerae to use in its manufacture of any of its products, including but not limited to any or all images copyrighted by photographers or made available through magazines, books, web or any and all other resources, which are protected by copyright and should not be uploaded, shared, copied or used in the contract to manufacture products using this service in any way, unless permission is granted. As a condition of your use of this service, you hereby certify, authorize and warrant that you own the copyright or are authorized by the owner of the copyright, or own the rights to any of the content, photo or digital images you will upload to the Haerae website or send to Haerae. You have obtained signed written Releases from the owner(s) of any and all copyrighted images you will upload to the Haerae website or send to Haerae. This warrant is given to Haerae by you when contracting Haerae for the provision of any of its products or services. As a condition of your use of Haerae service, you hereby further certify, authorize and warrant that you have the full authority to grant Haerae the permission to reproduce, re-create, redesign, modify, or manufacture any of the content, photo or digital images you will upload to the Haerae website or send to Haerae. This warrant is given to Haerae by you when contracting Haerae for the provision of any of its products or services. As a condition of your use of Haerae service, you further hereby indemnify and hold Haerae, its subsidiaries, affiliates, and their respective officers, directors, shareholders, and employees free and harmless against and from all claims, damages, losses, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) relating to and as a result of any claims brought by any other person or entity claiming interest, infringement or other legal arguments with respect to your agreement to refrain and not to:
- Upload, post, contract for re-manufacture or re-creation, email or otherwise transmit any content that is unlawful, harmful, harassing, defamatory, threatening, obscene, vulgar, invasive of another’s privacy, hateful, or otherwise objectionable;
- Upload, post, contract for re-manufacture or re-creation, email or otherwise transmit any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;Upload, post, send or otherwise transmit any material that has software viruses or any other computer code, files or programs that can interrupt, destroy or limit the functionality of any computer software;
- Harm minors in any manner, including, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- hamper or disrupt (or attempt to hamper or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site; and/or
- Provide any information to Haerae that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
Haerae reserves the right to refuse to fulfill any order, or any part of any order, at any time. This right is given to Haerae by you when contracting Haerae for the provision of any its products or services. In addition, Haerae reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Haerae or others.
Thereby, as a condition of your use of this service, you hereby completely indemnify and hold Haerae, its subsidiaries, affiliates, and their respective officers, directors, shareholders, and employees free and harmless against and from all claims, damages, losses, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) relating to and as a result of any claims brought by any other person or entity claiming interest, infringement or other legal arguments with respect to your agreement to this contract, when contracting Haerae custom fabric for provision of any of its products or services, including but not limited to the reproduction, re-creation, redesign, modification, or manufacture of the content, photograph or digital image you have or contracted to be delivered to Haerae custom fabric, via any carrier including but not limited via the internet.
TRADEMARKHaerae and all graphics, logos, and service names used to identify Haerae’s products and services are trademarks of Haerae. Third-party trademarks used in line with Haerae service are the property of their respective owners. You should not use any trademark in line with any product or service without the permission of the owner of that trademark. You should assume that all of the content or other works made available to you by Haerae (altogether, the "Content") is protected by copyright or other proprietary rights. You should not duplicate, create derivative works of, distribute, display, or perform any Content without the express permission of the owner of that content.
DISCLAIMERThis site and all products and services provided by Haerae are provided "as is" with no warranties whatsoever. All express implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, Haerae disclaims any warranties for the security, reliability, timeliness, and performance of this service.
RETURN AND REFUND
Customers may cancel their order within 3 hours of receiving confirmation. Otherwise, refunds are only available according to the stage of the order, unless we are notified of a debilitating accident or death. If the order has already been printed but has not yet shipped, we will refund the costs of shipping only. If the order is already shipped, the entire amount is non-refundable.
- Refund and Cancellation Policy
In those rare cases where there is a defect in the fabric after your shipping sample has been reviewed and confirmed, we are only able to compensate you on the yardage or meterage of the defected fabric. Any justifiable refund or exchange will be executed without delay.
If, after receiving your fabric, there is an indication that it has been sewn or cut, we will not offer any refund or after service.