Terms of service

This website is operated by WobbleWorks Inc. (referred to as “3Doodler and/or 3Doodler NA”). Throughout the site, the terms “we”, “us” and “our” refer to 3Doodler. 3Doodler 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/ or 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 and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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.

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 in your state or province of residence and you have given us your 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).

You must not transmit any worms or viruses or any code of a destructive nature.

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

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 (a) transmissions over various networks; and (b) 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, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

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 or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 

We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

Accuracy of Billing and Account Information

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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Third Party Links

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback, and Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Access to Services

(a) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; and (vii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

(b) Privacy Policy. Please review our Privacy Policy, available here. Our Privacy Policy describes practices regarding information 3Doodler may collect from users of the Services.

(c) Security. 3Doodler cares about the integrity and security of your personal information. However, 3Doodler cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

(d) Modification. 3Doodler reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that 3Doodler will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

Ownership

You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Product and the Services (i.e. the Site) are owned by 3Doodler or our licensors. The provision of the Product and the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. 3Doodler and its licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.

You may choose to, or 3Doodler may invite you to submit feedback, comments, suggestions, or ideas about the Services, including how to improve the Services or 3Doodler products (“Ideas”). You hereby grant 3Doodler and its affiliates a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit all such Ideas without restriction. Furthermore, you agree that the submission of your Ideas is voluntary, gratuitous, unsolicited, and without restriction and will not place 3Doodler under any fiduciary or other obligation, and that 3Doodler is free to use such Ideas without any additional compensation to you and to disclose such Ideas. You also agree that 3Doodler does not waive any rights to use similar or related ideas previously known to 3Doodler, developed by its employees, or obtained from other sources.

You agree that any assets, whether graphic or otherwise, including but not limited to photos, videos, stencils, templates or projects (“Materials”), submitted to 3Doodler for the purpose of general consideration, use on the3Doodler.com, or on any of 3Doodler’s social channels, shall result in a grant to Sponsor of a non-exclusive, perpetual, worldwide, and unlimited right to use and publish any part of your Materials in photographs, still images, graphic and web design work, videos, and other recordings or creations for marketing, advertising, promotional, and other business purposes of Sponsor, including, without limitation in printed publications, on websites, on social media, and for training purposes.

Indemnification

You agree to indemnify and hold 3Doodler and its licensors and suppliers harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your violation of these Terms. 3Doodler reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify 3Doodler and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without 3Doodler’s prior written consent. 3Doodler will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third Parties

(a) Third Party Sites. The Site may contain links to other websites operated by third parties (“Third Party Sites”). Such Third Party Sites are not under our control. 3Doodler provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites.

Equipment, ISP, and Carrier. You acknowledge and agree that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

(d) Release Regarding Third Parties. 3Doodler is not responsible for third parties, including Third Party Sites, ISPs, and Carriers. You hereby release 3Doodler and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties. 

Warranty Disclaimers

(a) the warranty for the product is set forth in the limited warranty.

(b) The services (i.e. the site) are provided for your convenience, “as is” and “as available” and 3Doodler and its licensors and suppliers expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

(c) 3Doodler and its licensors and suppliers make no warranty that defects will be corrected or that the services: (i) will meet your requirements; (ii) will be compatible with your computer or mobile device; (iii) will be available on an uninterrupted, timely, secure, or error-free basis; or (iv) will be accurate or reliable. no advice or information, whether oral or written, obtained by you from 3Doodler or though the services shall create any warranty.

Limitation of Liability

in addition to the above warranty disclaimers, in no event will (a) 3Doodler be liable for any consequential, exemplary, special, or incidental damages arising from or relating to the services or the products, even if 3doodler knew or should have known of the possibility of such damages, and (b) 3Doodler’s total cumulative liability arising from or related to the services and the products, whether in contract or tort or otherwise, exceed the fees actually paid by customer to 3Doodler or 3Doodler’s authorized reseller for the given service or the product at issue in the prior 12 months (if any). this limitation is cumulative and will not be increased by the existence of more than one incident or claim. 3doodler disclaims all liability of any kind of 3doodler’s licensors and suppliers. all product information (being information in relation to the nature and use of the product and services) is provided for your convenience, “as is” and “as available”. we do not represent, warrant, or guarantee that product information will be available, accurate, or reliable. you use all product information, the services, and the product at your own discretion and risk. you will be solely responsible for (and 3Doodler disclaims) any and all loss, liability, or damages, including, but not limited to, your home or property, product, product peripherals, and all other items and pets in your home or property, resulting from your use of product information, the services, or the product. product information provided by the services is not intended as a substitute for direct means of obtaining the information.

Certain Exclusions

Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

Changes to Terms of Service

These Terms and the Privacy Statement are subject to occasional revision, and if 3Doodler makes any material changes, 3Doodler may notify you by prominently posting notice of the changes on the Site. Any changes to these Terms or the Privacy Statement will be effective immediately following our posting of notice of the changes on the Site. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Disputes

Contact 3Doodler first. If a dispute arises between you and 3Doodler, our goal is to learn about and address your concerns. You agree that you will notify 3Doodler about any dispute you have with 3Doodler regarding these Terms by emailing info@the3Doodler.com.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

Arbitration

For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Severability

These Terms constitute the entire agreement between you and 3Doodler regarding the use of the Services. Any failure by 3Doodler to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

Notifications

3Doodler may provide notifications to you as required by law or for marketing or other purposes via (at its option) email, hard copy, or posting of such notice on the Site. 3Doodler is not responsible for any automatic filtering you or your network provider may apply to email notifications. 3Doodler recommends that you add info@the3Doodler.com, hello@the3Doodler.com and help@the3Doodler.com to your email address book to help ensure you receive email notifications from 3Doodler.

Copyright / Trademark Information

Copyright © 2022, WobbleWorks, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Product or Services are the property of 3Doodler or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of 3Doodler or such respective holders. 3Doodler reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents. More specifics can be found through our trademark policy.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service 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 or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

Contact Information

Questions about the Terms of Service should be sent to us at info@the3doodler.com. Our contact information is posted below:

Wobbleworks Inc.
89 Fifth Avenue Suite 602
New York NY 10003