Ace.cards WARRANTY, USAGE AND DELIVERY CONDITIONS
Below we provide insight on our warranty and delivery conditions, liability as well as safety and operating instructions.
- Ace.Cards is a brand of Acerize llc
- The term “this Agreement” shall mean the agreement between a customer and Acerize for the creation and shipment of an Ace.Cards.
- Acerize means Acerize llc
- Ace.Cards means Acerize Video Greeting Card
- Customer means the party that has entered into this Agreement with Acerize
- Parties mean the parties to this Agreement
- User Works includes all work delivered by Customer to Acerize pursuant to this Agreement for incorporation by Acerize into an Ace.Cards to be delivered by Acerize to Customer pursuant to this Agreement, including but not limited to videos and text messages.
This Agreement is to be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed wholly within such State, and without regard to the conflicts of laws principles thereof.
This Agreement has been drawn up in English at the express wish of the parties
Representation and Warranty
Customer represents and warrants that
- Customer owns and controls all of the rights to the User Works or otherwise has the lawful right to deliver the User Works to Acerize for the purposes of this Agreement;
- the content of the User Works is accurate and not misleading;
- the use and reproduction of the User Works by Acerize for the purposes of this Agreement will not violate any rights of or cause injury to any person or entity nor violate any applicable law;
- the User Works do not contain any message, data, files, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- the User Works do not provide instructions for a criminal offense or incite hatred;
- the User Works do not contain any viruses, corrupted data or other harmful, disruptive or destructive files.
- The customer indemnifies Acerize from any liability for violations of intellectual property rights of third parties.
Acerize shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, terrorism, power failures, internet interruption, transportation difficulties or other occurrences which are beyond the reasonable control of Acerize. In the event that Acerize is prevented or delayed in the performance of its obligations under this Agreement, for reasons beyond its control, such performance shall take place as soon thereafter as is reasonably possible.
Orders cannot be canceled once placed.
Upon discovery of non-conforming media, Acerize reserves the right to terminate any replication thereof, and the customer will not receive any refund. The submission of any video to Acerize by any customer is a representation and warranty by that customer that the content shared does not contain any offensive content.
Pitch and Frequencies on Sound Modules
Because electronic components used in our sound modules may have a variance in value the sound can change from item to item. We also cannot guarantee the frequency output will be the same as the provided sound. For example, because most items use a small speaker, they cannot produce low frequencies (“bass”) very well.
In other words, the reproduced sound will be similar but not exact when compared to the original.
Unless otherwise expressed in writing Acerize retains the right to use the completed project and User Works for the purpose of competition entries, educational and training purposes, and for marketing purposes. The Customer can be given credit for usage of the project elements.
Production Lead times & Turnaround
Unless otherwise expressed in writing all production lead times and turnaround times mentioned are estimates only and NOT a guaranteed date. Acerize is not responsible for delays due to weather, delivery carrier factors, customer error, holiday-related delays, international customs regulations, stock shortages, or any other unforeseen factors.
General Limitation of Liability
Acerize shall not be liable for any incidental, special, indirect or consequential damages arising out of, relating to or in any way connected with the relationship of the parties, this agreement, or the negotiation, breach or termination of this agreement including without limitation, lost data or lost profits and damages resulting from inconvenience or delay, even if Acerize has been advised of the possibility of such damages.
Acerize is only liable for the functioning of videos installed by Acerize itself, or by third parties on behalf of Acerize. Acerize is not liable for the correct functioning of videos installed on the Acerize by the customer or third parties. The same applies to (technical) adjustments by third parties or improper use. Acerize is also not responsible for the content that is placed on the Acerize Card by third parties.
The terms of this Agreement are confidential and shall not be disclosed, orally or in writing, by Customer to any third party without the prior written consent of Acerize.
General Limitation of Liability
The total accumulated liability of Acerize to the customer or to any third party for any loss, damages, costs or expenses associated in any way with this agreement shall be limited to fees actually paid by customer hereunder during the twelve month period immediately preceding the date on which such loss, damages, costs or expenses become payable by Acerize.
Except as expressly provided to the contrary in a writing by Acerize, the goods and services provided by Acerize pursuant to this agreement are provided on an “as is” basis without warranties of any kind, either express or implied.
Failure to follow the safety instructions could result in fire, electric shock, or other injury, or damage to the Acerize Card or other property. Read all safety information below before using the Acerize Card.
- Handle the Acerize Card with care. It contains sensitive electronic components that can be damaged if the product is dropped, roughly treated, burned, punctured or dented. If the screen is accidentally cracked, there is a risk of injury and the device should not be used. The same applies if a product has been dropped or has otherwise suffered a major blow.
- The Acerize Cards are for single use only. To avoid payment of private copying fees, it is strongly recommended that the content once applied to the Acerize is not replaced at a later stage by other content. The customer therefore releases Acerize from any liability with regard to (the possible remittance of) private copying fees if this advice is not followed.
- Open or repair
Never open the technical and electronic parts of the Acerize yourself. Disassembling with your own hands can damage the Acerize and injure yourself. The Acerize Card s also contain chemicals that can be toxic when exposed.
- Packaging and storage
The Acerize Cards must be individually packaged towards end users. In temporary storage, the products should be stacked alternately, so that the electronic parts of the various Acerize Cards do not collide. If it does, the magnetic fields can affect each other adversely, reducing the effect or, in extreme cases, videos being able to start spontaneously. Also, other products in the vicinity of Acerize may become disrupted in a similar way
The warranty on the operation of the Acerize screen and electronics is 1 month from the delivery date, provided that all conditions in this document are met. There is no warranty on the printing / cover of the Acerize. The warranty applies only to material and manufacturing defects. Therefore, all other imperfections and damages are excluded, such as misuse, incorrect settings or incorrect installation, failure to observe the manual, external factors and normal wear and tear. The warranty becomes void as soon as changes or repairs to the product are carried out by third parties not authorized by Acerize. The decision on repair or replacement of the product is reserved exclusively to Acerize. The warranty period is not extended by repair or replacement. Costs other than repair or replacement are not covered by the warranty.
- Printed matter
Color deviations may occur between two different print deliveries. This is due to the different printing techniques used for the respective deliveries. Any claims regarding color deviations cannot be handled.
Upon delivery, the battery of each Acerize Card has more than enough capacity to play the video message several times. When the battery runs out, it can be charged by connecting to a PC using the cable which is included in the order. Acerize is not liable for damage caused by the use of cables other than the prescribed cables.
Do not use damaged cables or chargers, and do not charge the battery in a damp environment. In extreme cases this can cause a slight electric shock.
Never try to replace the Acerize Card battery yourself. Doing so could damage the battery, which could lead to overheating or injury. Because Acerize Cards are not manufactured for reuse, charging via a laptop is generally more than sufficient.
Because the battery of the Acerize Card will lose capacity with long-term storage, it is recommended to use the products within a reasonable time of 6 months at the latest.
Prolonged exposure to high or low temperatures can adversely affect the operation of the Acerize Acerize Card . Make sure that the products are used or stored between temperatures of a minimum of 8 and a maximum of 32 degrees.
The electronic parts of Acerize’s are not water resistant. Therefore, be careful with, for example, drinking near the products. Long-term use or storage of the products in damp rooms is not recommended.
Do not open or use Acerize’s during operations that require your concentration, such as while driving. This can lead to dangerous situations for you and other road users.
Keep the Acerize Cards out of reach of (young) children. If used improperly, they run the same dangers as described above. In addition, young children in particular are at risk of suffocation if parts, including printed paper and packaging materials, get into their mouths.