Terms of Service

Overview

This website is operated by text2present.com. Throughout the site, the terms "we", "us" and "our" refer to text2present.com. text2present.com 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 website and/or purchasing anything from us, you are participating in our "Service" and agreeing to be bound by the following terms and conditions ("T&Cs", "Terms of Use", "Terms", “Terms of service”), including any additional terms, conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, providers, customers, merchants and/or contributors of content.

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

Our shop is using services by Snipcart, Mollie, Google Analytics and hCaptcha and Facebook. They provide us with the tools that enables us to sell our products and services to you.

These Terms of Use apply when you use the products and services of text2present.com and other software,. The Terms include our Privacy Policy or policies we may provide in writing. By using our Services, you agree to these Terms.

User

The user of these Terms of Service is: text2present.com

Scope of application

These Terms of Service apply to all legal transactions between the user and a consumer.

Conclusion of contract and storage of the contract text

The provisions of these Terms of Service apply to orders which consumers conclude via the website https://www.text2present.com of the online shop text2present.com.

The contract is concluded with the user (see § 1).

The presentation and description of the goods on the website of the model shop www.text2present.com does not constitute a binding offer.

By ordering a product by clicking on the button "order with costs" at the end of the ordering process, a consumer makes a binding offer to conclude a purchase contract.The contract is not concluded until the user sends an order confirmation by e - mail.

Consumers receive an e - mail with the order data and the applicable Terms of Service.After conclusion of the contract, the order data can no longer be viewed online.

Registration and Access

You must be 18 years or older and able to form a binding contract with text2present.com to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others, and you are responsible for all activities that occur using your credentials.

Usage Requirements

You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law)

Content

You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, text2present.com hereby assigns to you all its right, title and interest in and to Output. text2present.com may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms. We are not liable for any produced content and cannot be held responsible for created Content. You may not use the Services to create Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

We are not liable for the content of the content you generate with our Service. You are solely responsible for the content you generate with our Service. We cannot assure what kind of images are created, as they have been trained with datasets which we have not audited. The dataset text2present.com has been trained may contain copyrighted images, which are not owned by text2present.com. The user is responsible for ensuring that the content he generates with our Service does not violate any third party rights.

Indemnification; Disclaimer of Warranties; Limitations on Liability

(i) Indemnity.You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of the Services, including your Content and created products, and your breach of these Terms or violation of applicable law.

(ii) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

(iii) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ​​THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

All the images generated using our service are licensed with the CreativeML OpenRAIL-M license.

Product images are for illustrative purposes only and may differ from the actual product.

General Terms

(a) Modifications. We may amend these Terms by posting a revised version on the Site or otherwise providing notice to you. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted, except for changes addressing new Service functions or changes made for legal reasons, which will be effective immediately. Your continued use of the Services after any change means you agree to such change.

(b) Waiver and Severability. If you do not comply with these Terms, and text2present.com does not take action right away, this does not mean text2present.com is giving up any of our rights. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

(c) Severability Clause. In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

Payment

Shipping costs are not included in the displayed price and may be additional. The following payment options are available to consumers and are subject to change:

  • Credit card
  • Paypal
  • Apple Pay
  • Google Pay

Delivery, delivery restrictions

Unless the description of a selected product explicitly states otherwise, delivery shall take place up to 21 working days.

In the case of payment via bank transfer or Paypal, this period begins to run on the day after the payment order is issued.

Transfer of risk

The risk of accidental deterioration or accidental loss of the goods shall remain with the user until the goods are handed over and shall pass to the consumer upon handover.

Retention of title

The user retains ownership of the goods until the purchase price has been received in full.

Warranty

The statutory warranty regulations apply.

Please check the goods immediately upon delivery for completeness, obvious defects and transport damage. If you detect any, please notify us and the carrier immediately.

Revocation / Refund

According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:

  • the supply of goods that are made to the consumer's specifications or are clearly personalized
  • sealed goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons

therefore we reserve rights to refuse returns at its sole discretion.

Wrong Address: If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you.

Unclaimed: Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment.

We do not offer returns and exchanges.

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