TERMS & CONDITIONS

Welcome to MaskPlatform!

MaskPlatform is owned and operated by Colorway Graphics UK limited.

These are the terms and conditions for:

https://maskplatform.com

By accessing the Maskplatform website, (hereby "Our website”), you agree to be bound by these terms and conditions ("terms") and our Privacy Policy. If you do not accept all of these terms, then you may not use Our website and platform. In these terms, "we", "us", "our" and " MaskPlatform" refers to MaskPlatform and "you" and "your" refers to you, the user of our website and platform.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION, SERVICES OR PRODUCTS.

 

ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of MaskPlatform. By using MaskPlatform, you agree to be bound by this agreement, whether you are a “Visitor” (which means that you simply browse MaskPlatform website) or you are a “User” (which means that you have registered on MaskPlatform as a user and purchased a product or products). If you do not accept the terms of this agreement, you should leave MaskPlatform website immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on MaskPlatform. You agree to be bound by any modification to this agreement when you use MaskPlatform after any such modification is posted; it is therefore important that you review this agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. MaskPlatform may, in its sole discretion, refuse to offer the platform to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and the platform is revoked in such jurisdictions.

 

ELIGIBLITY

You may use the platform and services only if you can form a binding contract with MaskPlatform, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of this website and platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.  

The platform and services may not be available to any users previously removed by MaskPlatform. By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

 

MaskPlatform

MaskPlatform offers users the ability to create and sell customized merchandise, and buyers the ability to find unique and high-quality products. 

SHOPPING ON THE WEBSITE

When you place an order for a product you are offering to buy the product for the price advertised and stated on the website as at the time of purchase.

When a website user with the intent to purchase a product on the website, places an order online, MaskPlatform will send that user an email to confirm that the order for the product purchased or about to be purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of their product order details.

The fact that the user receives an automatic confirmation does not necessarily mean that MaskPlatform will be able to meet the client order and is not a guarantee of product availability. Once MaskPlatform has sent the confirmation email MaskPlatform will check product availability against the order placed by the website user. If the product is available, and order details are specific to the intended product purchased with the correct product price as advertised at time of sale, this automatic email will be deemed an acceptance or product purchase and will specify delivery details and confirm the price of the Products purchased. If the product is not available, the website user will be informed either by email or telephonically.

MaskPlatform may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your Statutory Rights.

All new orders are deemed separate and each is treated individually.

 

PRICES

MaskPlatform reserves the right to determine pricing for the products and services. MaskPlatform will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. MAskPlatform may change the fees for any product or service, including additional fees or charges. MaskPlatform, at its sole discretion, may make promotional offers with different features and different pricing to any of MaskPlatform users.

 

PAYMENTS

All payments to MaskPlatform are handled securely. Subscriptions will be paid through “Sage”, payment platform available on MaskPlatform. Payment will be debited from your credit card or debit card, immediately on you placing the order for the product you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.

  

PRODUCT DESCRIPTIONS

CW on demand attempts to be as accurate as possible. However, CW on demand does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free.

 

 

SHIPPING

MaskPlatform is committed to deliver the product in perfect condition at the address indicated by the user in the checkout page.

We ship to the United States, European Union, Asia, UK, Australia and New Zealand.

For security reasons, MaskPlatform will not send any order to post office boxes or military bases, nor will it accept any order when it is not possible to identify the recipient of the order and its address.

The cost and delivery times will depend on the shipping service and the delivery address. Delivery times and shipping costs will be calculated at checkout.

 

CUSTOMS TAX

Please note that any extra costs related to import/customs tax are the responsibility of the buyer. Please check your own countries policy on importing goods, as we cannot provide this for the users.

 

 

DELAYS

MaskPlatform is not responsible for delays in shipping or delivery, due to natural or uncontrollable events. Additionally, MaskPlatform is not responsible for delays related to the courier itself (such as customs clearance). Unfortunately, we do not have control over these delays. Transit time does not include Saturday, Sunday, or Holidays.

 

UNDELIVERED PACKAGES

If at the time of delivery, the customer is not at the delivery address or if it is not possible to deliver the package to any person in charge, it is possible that the buyer must pick up the package at the post office of the corresponding country.

 

WRONG DELIVERY ADDRESS

MaskPlatform will not take charge, or make returns for lost or undelivered packages, for wrong shipping addresses, please be sure to provide correct and accurate shipping addresses, at the time of purchase.

 

SECURE DELIVERY ADDRESS

MaskPlatform recommends customers provide a secure delivery address, for example your place of employment. We cannot deliver to PO box or parcel locker addresses. Orders to PO box or parcel locker addresses will be receiving an email to confirm a valid delivery address. MaskPlatform is not responsible for lost/stolen parcels.

 

SHIPPING COMPLETED

Each delivery is considered made from the moment in which MaskPlatform makes the product available to the buyer, which is materialized through the control system used by the courier company.

 

 

RISK OF LOSS

All items purchased from MaskPlatform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

RETURNS

You acknowledge and agree that the items we produce for you are custom-made and personalized. Unless the items are defective, you do not have the right to cancel any orders or return any items and all orders are final.

 

DEFECTIVE OR DAMAGED PRODUCTS

We do our best and our best effort to prevent any damage to your goods during transit it is possible that problems may arise. We apologize for the inconvenience presented; our goal is always to provide the best service. We only replace items if they are defective or damaged. If you need to exchange it for the same item or you need a refund, please contact us through our contact information or contact page. Your refund will be completed via the original payment method.

 

LICENSE TO USE THE PLATFORM

MaskPlatform gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by MaskPlatform as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by MaskPlatform, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The User agrees not to use the platform and the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the MaskPlatform website or third parties.

 

ACCOUNT AND SECURITY

If you register on MaskPlatform website, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address, name and other information. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MaskPlatform of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from MaskPlatform. 

MaskPlatform will not be liable for any loss or damage arising from your failure to comply with this agreement. Operating and maintaining multiple user accounts is prohibited.

 

ACCOUNT DELETION AND TERMINATION

The users may terminate their Accounts any time, for any reason, by following the instructions on MaskPlatform. That termination will only result in the deletion of the account and the deletion of all the personal data granted to MaskPlatform.

MaskPlatform reserves the right to terminate your Account or your access immediately, with or without notice to you, and without liability to you, if MaskPlatform believes that you have breached any of these terms, furnished MaskPlatform with false or misleading information, or interfered with use of the platform, website or the service by others.

 

THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

 

COPYRIGHT

All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of MaskPlatform, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of MaskPlatform and protected by international copyright laws. All software used on this site is the property of MaskPlatform or its software suppliers and protected by international copyright laws.

You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of these terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.

 

COPYRIGHT COMPLAINTS

MaskPlatform respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the MaskPlatform website infringe upon your copyright or other intellectual property right, please send the following information to: 

  1. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.

  1. A statement specifically identifying the location of the infringing material, with enough detail that MaskPlatform may find it on the MaskPlatform Site.  Please note: it is not sufficient to merely provide a top-level URL.

  1. Your name, address, telephone number and e-mail address.

  1. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

  1. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

USER CONTENT

Certain features of the website may permit users to upload content, including images, logos, custom designs and other content that may be composed of messages, text and other types of works ("User Content"). You retain any copyright you may have in the User Content that you have uploaded and you grant us permission to incorporate such content into our products for the purpose of creating custom products.

By providing User Content through the website and services, you grant (add trade name) a worldwide, non-exclusive, royalty-free, fully paid (with the right to sublicense) right and license to host, store, transfer, display, perform, reproduce, modify for the sole purpose of creating custom products.

 

USER CONTENT REPRESENTATIONS AND WARRANTIES

MaskPlatform disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

a) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize MaskPlatform and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by  MaskPlatform, the Service, and these terms.

b) Your User Content, and the use of your User Content as contemplated by these terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause  MaskPlatform to violate any law or regulation.

c) Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) Your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

 

PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to  MaskPlatforn or licensed to the MaskPlatform by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:

 

    i.            Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by MaskPlatform;

 

     ii.            Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission;

 

     iii.            Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;

 

     iv.            Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

 

     v.            Deep-link to any portion of the Services for any purpose without our express written permission;

 

    vi.            "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;

 

    vii.            Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by MaskPlatform in connection with the services;

 

     viii.            Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or

     ix.            Download any Content unless it’s expressly made available for download by MaskPlatform.

 

DISCLAIMER OF WARRANTIES

MaskPlatform will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.

Because of the nature of the Internet MaskPlatform provides and maintains The website on an "as is", "as available" basis and makes no promise that use of The website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use The website in breach of these terms you will be liable to and will reimburse MaskPlatform for any loss or damage caused as a result.

MaskPlatform will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, MaskPlatform excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to  MaskPlatform and MaskPlatform shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

·         Any incorrect or inaccurate information on MaskPlatform;

·         Any interruptions to or delays in updating MaskPlatform;

·       The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website;

·       Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;

·       Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;

·         Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from MaskPlatform.

·          All representations, warranties, conditions and other terms which but for this notice would have effect.

 

 

MaskPlatform AND THIRD PARTIES

MaskPlatform contains Content of third-party licensors to MaskPlatform, which is protected by copyright, trademark, patent, trade secret and other laws. MaskPlatform owns and retains all rights, title and interest in the Content. MaskPlatform hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through MaskPlatform or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing MaskPlatform and using the Service.

Any dealings with third parties included within or on MaskPlatform involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. MaskPlatform is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on MaskPlatform does not constitute an endorsement or recommendation of such third party or the product or services of such third party by MaskPlatform or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on MaskPlatform is provided to you for informational purposes only. MaskPlatform encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While MaskPlatform works to ensure the information on MaskPlatform is current and accurate.

 

NON-COMMERCIAL USE

The services and use of the platform may not be used in connection with any commercial purposes, except as specifically approved by MaskPlatform. Unauthorized framing of or linking to any of MaskPlatform is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.

 

SECURITY COMPONENTS

You understand that MaskPlatform and software embodied within MaskPlatform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MaskPlatform and/or content providers who provide content to MaskPlatorm. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into MaskPlatform.

 

 

ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by MaskPlatform for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

 

 

INDEMNIFICATION

You agree to defend and indemnify MaskPlatform from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.

  • Your violation of any law or the rights of a third party.

  • Your use of the MaskPlatform website, platform and services.

  • The purchase of the products.

 

 

CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

 

PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the Services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

Our Privacy Policy is written according to the UK Data Protection Act, the California Online Privacy Protection Act (CalOPPA – U.S regulation), the GDPR (General Data Protection Regulation - European regulation) and the The Privacy Act 1988 (Australian regulation)


 

 

ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MaskPlatform without restriction.

 

INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by MaskPlatform, shall constitute the entire agreement between you and MaskPlatform concerning and governs your use of the platform and website.

 

DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the MaskPlatform website, will be settled by binding arbitration between you and  MaskPlatform, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and MaskPlatform are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and MaskPlatform otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

 

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

 

 

FINAL PROVISIONS

These terms are governed by the UK law. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this paragraph.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

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