Terms of Service – Cherished in Clay

1. Acceptance of Terms

By creating an account, placing an order, or accessing or using our website and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms") and all policies referenced herein, including our Privacy Policy. If you do not agree, you are prohibited from using the Services.

2. Eligibility & Use of Site

You must have reached the legal age of majority in your place of residence to create an account or place orders (typically 18 years old; 19 in Alabama and Nebraska; 21 in Mississippi). If you are under the age of majority, you may only use the Services with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

3. Your Content for Custom Products

Important Notice Regarding Your Uploads

You are solely responsible for the content (e.g., images, text, logos) you submit for product customization ("Your Custom Content").

By submitting Your Custom Content, you represent and warrant that:

You own or have all necessary rights (including copyrights, trademarks, and rights of publicity) to grant us the license below and to have the content applied to products.
Your Custom Content does not and will not infringe upon the intellectual property or other rights of any third party.
Your Custom Content complies with our Prohibited Conduct policy and all applicable laws.

You grant Cherished in Clay a non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for formatting purposes), and create derivative works from Your Custom Content solely for the purpose of producing and fulfilling your order.

We reserve the right, in our sole discretion, to refuse to produce any order that we suspect may violate the rights of a third party or our Prohibited Conduct policy.

4. Public User-Generated Content (UGC)

This section applies to content you submit to public areas of the Services, such as product reviews, comments, or gallery submissions ("UGC"). It does not apply to "Your Custom Content" submitted for products.

You grant Cherished in Clay a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully-paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display your UGC in any and all media for any purpose, including to operate, improve, and promote our Services.

This license survives any termination of your account or the Services. You represent and warrant that you have the rights to grant this license for any UGC you submit.

5. Ordering Process & Custom Products

All products are custom-made. Minor variations in color, size, and texture may occur. Your approval of any design proofs constitutes final acceptance. Once production begins, custom orders cannot be canceled or modified. We reserve the right to refuse or cancel any order at our discretion, including for suspected fraud or pricing errors.

6. Pricing, Payment, and Taxes

All prices are in USD. Payment is required in full before production. You are responsible for all applicable taxes (sales, use, etc.) and any import duties or customs fees.

7. Shipping, Delivery, and Risk of Loss

Shipping times are estimates. We are not liable for delays outside our reasonable control (e.g., carrier issues, customs). Risk of loss and title for items pass to you upon our delivery to the carrier, unless otherwise required by law.

8. Returns and Refunds

Due to the custom nature of our products, we do not accept returns or offer refunds, except for manufacturing defects. If you believe your product has a defect, you must contact us within 30 days of delivery with photographic evidence. Our sole obligation will be, at our discretion, to repair, replace, or refund the defective product.

9. Intellectual Property

Excluding Your Custom Content and UGC, all content on the Services, including text, graphics, logos, and software ("Cherished in Clay Content"), is the property of Cherished in Clay or its licensors and is protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive license to access and use the Services and Cherished in Clay Content for personal, non-commercial purposes only.

10. Prohibited Conduct

You agree not to:

Violate any law or regulation.
Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
Submit any content that is unlawful, defamatory, obscene, harassing, or otherwise objectionable.
Use the Services for any fraudulent purpose.
Transmit any harmful or malicious code (viruses, worms, etc.).
Interfere with the security or operation of our Services.

11. DMCA Copyright Infringement Notice

We respect intellectual property rights. If you believe material on our Services infringes your copyright, please send a DMCA notice to our designated agent with all required information (per 17 U.S.C. § 512(c)(3)).

DMCA Email: dmca@cherishedinclay.com

12. Termination

We may, in our sole discretion, suspend or terminate your account and access to the Services at any time, with or without cause or notice, for any reason, including for a breach of these Terms. Provisions that by their nature should survive termination (including, but not limited to, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability) shall survive.

13. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, Cherished in Clay DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

14. Limited Warranty for Products

We provide a limited warranty that our physical products will be free from manufacturing defects for a period of 30 days from the date of delivery. This warranty does not cover damage from misuse, accidents, or normal wear and tear. To the extent permitted by law, any implied warranties are limited to this 30-day period. Some states do not allow limitations on how long an implied warranty lasts, so this may not apply to you.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Cherished in Clay OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

This section does not apply to liability that cannot be excluded or limited under applicable law (e.g., for gross negligence, fraud, or personal injury in some jurisdictions).

16. Indemnification

You agree to defend, indemnify, and hold harmless Cherished in Clay and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your UGC or Your Custom Content, especially any claim that Your Custom Content infringes on a third party’s intellectual property rights; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

17. Governing Law & Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Subject to the arbitration clause below, the exclusive jurisdiction for any non-arbitrable claim will be the state and federal courts located in Los Angeles County, California.

18. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

You and Cherished in Clay agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Disputes") will be resolved by binding arbitration, except that each party retains the right to bring an individual action in small claims court.

Waiver of Jury Trial and Class Actions

YOU AND Cherished in Clay AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. All Disputes must be resolved on an individual basis.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in the county where you reside or at another mutually agreed location.

30-Day Opt-Out Right

You can opt out of this arbitration agreement by sending a written notice to legal@cherishedinclay.com within 30 days of first accepting these Terms. Your notice must clearly state your intent to opt out.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the "Last Updated" date and/or by other means (e.g., email). Your continued use of the Services after any modification constitutes your acceptance of the new Terms.

20. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Cherished in Clay.
Severability: If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any right is not a waiver of that right.
Assignment: You may not assign these Terms without our consent. We may assign these Terms at any time.
Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
Contact: For questions about these Terms, please contact us at legal@cherishedinclay.com