Last Updated: [Jan 1, 2025]
These Terms of Use ("Terms") govern your access to and use of the website located at https://www.oneworldtales.com (the "Website"), operated by One World Tales, LLC, a California LLC, including the purchase of personalized story books, coloring books, photo books, activity books, board books, gift sets, puzzles, stickers, posters, maps, flashcards, board games, toys, plush toys, stuffed toys, apparel, greeting cards, calendars, stationery, sporting goods and other related products (the "Products"). By accessing or using the Website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Website or purchase Products.
1. Acceptance of Terms
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms (as modified from time to time) and any additional terms, conditions, or policies incorporated by reference, including our [Privacy Policy] and [Refund/Return Policy]. If you are using the Website on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. One World Tales, LLC reserves the right to initiate legal proceedings for fraudulent use of the Website or for any other act or omission which breach the Terms.
2. Eligibility
The Website may be accessed and used by a natural or legal person, including a company/partnership firm/sole proprietorship concern, who can form legally binding contracts under the applicable law. In so far as natural persons are concerned, only individuals who are 18 years of age or older are authorized to use this Website and purchase Products. By using the Website, you represent and warrant that you are at least 18 years old.
3. Account Registration
In order to purchase Products, you shall be required to register and maintain an account (“User Account”) on the Website. You shall provide true, accurate, current, and complete information during the registration process and update such information promptly to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, One World Tales, LLC reserves the right to restrict, suspend or permanently delete your User Account and/ or take any other action at its sole discretion. You are solely responsible for maintaining the confidentiality of the credentials of your User Account as well as all activities that occur under the User Account.
4. Product Customization
The Website allows you to personalize the Products by providing requirements, through the User Account, . Subject to the Terms of Use, the Product(s) may be personalized to include or alter names of character(s), design the character(s)/ avatar(s) and select book cover. You acknowledge that it is your responsibility to ensure the accuracy and completeness of the information you provide, and you agree that One World Tales, LLC is not responsible for any errors in the customization resulting from inaccurate or incomplete information provided by you.
5. Orders and Payment
(a) Order Placement: By placing an order on the Website, you make an offer to purchase the selected Product(s), subject to these Terms (“Order”). All Orders are subject to acceptance by One World Tales, LLC , and One World Tales, LLC reserves the right to refuse or cancel any Order at its sole discretion.
(b) Pricing: All prices for Products on the Website are listed in [currency]. Prices are subject to change without prior notice. One World Tales, LLC will charge your payment method for the total order amount, including applicable taxes and shipping charges, at the time of the Order being placed .
(c) Payment: Payments for Orders are processed through third-party payment processors. By submitting an order, you authorize the payment processor to charge the payment method you provide for the amount due, including any taxes and shipping fees. One World Tales, LLC shall not be responsible for any security breach concerning the payment method or any personal details submitted by you to the third-party payment. You shall read the terms, including the privacy details of the third-party payment processor, prior to submitting details relating to the payment method or any personal details.
6. Shipping and Delivery
(a) Shipping: One World Tales, LLC ], upon receiving complete Payment for the Products and all other fees/ charges due and payable to it, will ship the Products to the shipping address provided by you either at the time of placing the Order and/ or the Account Registration process. Shipping times and costs may vary depending on your location and the selected shipping method at the time of placing the Order. Delivery times are estimates only, and One World Tales, LLC is not responsible for any delays once the shipment is handed over to the shipping agent.
(b) International Shipping: If you are ordering from outside the United States, you are responsible for any customs duties, taxes, or other fees imposed by your country’s laws.
7. Intellectual Property
(a) Ownership: All intellectual property rights in the Website and its contents thereof, including but not limited to text, images, logos, designs, graphics, logos and software, vest exclusively with One World Tales, LLC, its affiliates or third parties.
All intellectual property rights in any of the Products and/ or any other material produced or derived from or using any part of the contents of the Website, including all customizations, designs, logos, alterations, derivative works, shall vest exclusively with One World Tales, LLC, unless agreed to the contrary by way of express written permission from One World Tales, LLC.
Subject to these Terms and unless agreed to the contrary in writing by One World Tales, LLC, the exclusive right to use, reproduce, sell, copy, adapt, edit, modify, alter, translate, transmit, distribute, import, export, display, store, license, make available and/ or otherwise exploit in any manner and in any form, the contents of the Website, the Products and/ or any other material produced using the contents of the website, shall vest with One World Tales, LLC.
(b) License: Subject to these Terms, One World Tales, LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not permit the use of any content on the Website and/ or the Products or any other material produced using the contents of the Website for commercial purposes without prior written consent.
8. User Content
(a) Submission of Content: If you submit any content, including text, images, trademarks, service marks, trade names, logos or other materials, to the Website (collectively, "User Content") in connection with your order or customization, and unless agreed to the contrary vide a separate agreement, you grant One World Tales, LLC a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, display, modify, and distribute such User Content for purposes related to the provision of the Products, including for promotional and marketing purposes of One World Tales, LLC and Website. You also agree to waive any moral rights associated with such User Content.
(b) Ownership of User Content: You represent and warrant that you are the sole owner of all the proprietary rights in the User Content. In case such proprietary material belongs to a third party, you warrant that you have obtained permission from such third party and have an irrevocable and perpetual right to use, sub-license and authorize the use, display, modification and distribution of the User Content without infringing upon the rights of any third party.
9. Prohibited Conduct
You undertake not to use the Website for any unlawful, harmful, fraudulent, or abusive purpose, or to engage in any activity that could harm, disable, disrupt, overburden, or impair the Website in any manner and/ or interfere with any other party's use of the Website. Prohibited conduct includes, but is not limited to:
Engaging in fraud or misrepresentation.
Uploading or distributing malicious software, viruses, or other harmful code.
Harassing, abusing, or threatening others.
Violating any applicable law or regulation.
10. Disclaimer of Warranties
THE WEBSITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. One World Tales, LLC does not warrant that the Website will be error-free, secure, or uninterrupted, nor does it make any warranty as to the accuracy, reliability, or completeness of the content on the Website.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONE WORLD TALES, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE WEBSITE, EVEN IF ONE WORLD TALES, LLC] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ONE WORLD TALES, LLC’S TOTAL LIABILITY EXCEED THE PAYMENT MADE BY YOU FOR THE PRODUCTS IN QUESTION.
12. Indemnification
You agree to indemnify, defend, and hold harmless One World Tales, LLC, its officers, directors, employees, agents, affiliates, and licensors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from the User Content, , misuse of the Website, or violation of any applicable law.
13. Termination
One World Tales, LLC reserves the right to terminate or suspend your access to the Website and your account at any time, without notice, for any reason, including but not limited to a violation of these Terms. Upon termination, you must immediately cease all use of the Website and the Products.
14. Governing Law and Dispute Resolution
(a) Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of the United States .
(b) Arbitration: Any dispute arising out of or relating to these Terms or the use of the Website shall be resolved through binding arbitration in [Insert Location], under the rules of the American Arbitration Association.
(c) Class Action Waiver: You agree that any dispute will be resolved on an individual basis, and that you will not seek to litigate any claim as a class action, representative action, or in any other capacity on behalf of any other person or group.
15. Miscellaneous
(a) Entire Agreement: These Terms, together with any other legal notices and policies published on the Website, constitute the entire agreement between you and One World Tales, LLC with respect to the Website and Products.
(b) Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
(c) Changes to Terms: One World Tales, LLC reserves the right to modify or update these Terms at any time at its own discretion. Any changes to terms will be effective upon posting on the Website, and any continued use of the Website will be deemed acceptance of such changes.
16. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
[ONE WORLD TALES LLC]
[2108 N ST STE N SACRAMENTO, CA 95816]
[contact@oneworldtales.com]