Terms of Upload

Last updated: August 3, 2023

I. Upload Terms and Parameters

The term "upload" means pictures or files you upload, or otherwise transmit to www.StickerRanch.com (the "Site"), including but not limited to images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof. All uploads shall be governed by the following parameters. The Site reserves the right to remove or reject any customer content that may conflict with these parameters. Violations may result in order restrictions or terminations as well as account restrictions or terminations. Sticker Ranch reserves the right – in its sole and absolute direction – to determine the appropriateness and compliance of all uploads to the Site pursuant to the parameters.

PARAMETERS

Criminal Acts

Customers shall not upload or sell content that would constitute - or potentially constitute - criminal offenses, criminal activity, violate the rights of any party, or that would otherwise create liability under or violate any local, state, national or international law. Customers shall not upload or sell content that displays illegal drugs, or such accessories used in connection with illegal drugs.

Hate Speech and Offensive Material

Customers shall not upload or sell content that contains hate or racist connotations or encourage violence or discriminate against any individual, race, group, religion or organization. Customers shall not upload content that is offensive, libelous, or slanderous. Customers shall not upload content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise. Customers shall not upload content that is harmful or inappropriate to children.

Intellectual Property

Customers shall not upload or sell intellectual property that they do not own or have licensing rights to sell. Customers shall not upload or sell images that are unauthorized or prohibited in any way, which expressly includes, but is not limited to, third party rights related to branding, logos, trademarks, and assumed names. Customers shall not upload or sell images that infringe on the intellectual property rights of any third party. Customers shall not upload or sell images that infringe on any third party rights related to privacy or publicity.

Offensive Language

Customers shall not upload or sell content that features profanity or sexually explicit language, defamatory statements, or remarks that disparage, ridicule, or discriminate against any individual, race, group, religion or organization.

Pornography

The Site is not a venue for pornography, erotica, or adult content. Customers shall not upload or sell x-rated, hard-core, pornographic, or sexual images. Customers shall not upload or sell images that depict graphic or deviant sexual acts, or any accessories or related content that is involved with this type of activity.

Violent and Graphic Material

Customers shall not upload content that contains violent material, which includes crime-scene and suicide depictions, dead bodies, graphic depictions of human organs, body parts, or any other graphic material that may not be suitable for general audiences.

II. Limitation of Liabilities

You expressly understand and agree that Sticker Ranch shall not be liable for any indirect, incidental or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from any use of the Site and/or the services and products (regardless of whether Sticker Ranch should have known of the possibility of such damages). You expressly understand and agree that Sticker Ranch shall not be liable for any indirect, incidental or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from parameter compliance of the Site (regardless of whether Sticker Ranch should have known of the possibility of such damages).

Regardless of the form of action (including negligence), in no event shall Sticker Ranch’s liability arising out of or relating to the use of the site and/or the services and products exceed the aggregate amount paid by you to use or access the site and/or the services and products, which shall expressly mean the Site.

III. Indemnity

By using the Site, you agree to defend, indemnify and hold harmless Fifth Street Fountain Partners, LLC, Sticker Ranch, and each of its successors, assigns, parents, subsidiaries, distributors, directors, officers, employees, agents, partners, (collectively, the "SR Collective") from and against any costs, losses, judgments, awards, damages and expenses (including reasonable attorney's fees) (together, "Indemnification Costs") related to any action, suit, claim or proceeding made, brought or threatened by a third party against the SR Collective arising out of or in connection with any content you upload, sell otherwise utilize on or through the Site, your conduct, your violation of the parameters or your violation of the rights of any third party. Indemnification Costs shall include any costs incurred in the defense and enforcement of the foregoing.

IV. Applicable Law

By visiting and using the Site, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Upload and any dispute of any sort that might arise between you and the SR Collective relating to the use of the Site. Any dispute relating in any way to your visit to or use of the Site shall be subject to the exclusive jurisdiction of the state or federal courts located in Tarrant County, Texas, and you consent to exclusive jurisdiction and venue in such court.