TERMS AND CONDITIONS
Welcome to Let’s Bench. We hope your experience with us is easy and fun. Before you begin using Let’s Bench, please read the following Terms and Conditions.
The term “Let’s Bench” or “us” or “we” refers to the owner of www.letsbench.com (the “Site“). The term “you” refers to the user or viewer of the Site or any of the Services.
Your access to and use of the Service and/or Application are expressly conditioned on your compliance with these Terms. Your violation of any provision contained in these Terms may result in termination of your access to the Site, the Service and/or the Application and cancellation of your account.
Changes to Terms. Let’s Bench reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after Let’s Bench makes any such changes, you agree to be bound by the revised Terms.
1. Age Requirements.
You must be at least 18 years of age to use the Service and/or the Application.
You may submit certain material to Let’s Bench, including without limitation, photographic images and scanned texts (such as poems or letters), as part of your use of the Service (“Submissions“).
2.1 You may NOT submit any Prohibited Content.
“Prohibited Content” as used herein includes, but is not limited to, the following:
(a) Any Submission which could infringe rights of privacy, publicity, copyrights or other intellectual property rights of any third party without the permission of the owner of those rights;
(b) Any Submission which is abusive, deceptive, threatening, defamatory, obscene, profane, pornographic or otherwise inappropriate or could give rise to any civil or criminal liability under applicable law;
(c) Any Submission which promotes bigotry, racism, hatred, illegal activities or harm against any individual or group, including minors;
(d) Any Submission which contains a virus, worm, corrupt file, Trojan horse or other sort of corrupted code; or
(e) Any material sent from a fake or unknown address.
2.2 Determinations as to whether a Submission contains Prohibited Content are in Let’s Bench’s sole discretion.
2.3 Let’s Bench does not and cannot review all Submissions, and is not responsible for their content. However, Let’s Bench reserves the right to reject, remove or delete Submissions which it deems to contain Prohibited Content.
2.4 You acknowledge and agree that any Submission may be published, copied, customized, removed, transmitted and shown by Let’s Bench for the purposes of delivering the Services.
2.5 License You hereby grant Let’s Bench, its affiliates, assignees, licensees, and legal representatives the irrevocable, perpetual, worldwide license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote your Submissions (as such may be edited and modified by Let’s Bench in its discretion) through the Site, the Service, the Application and such other products or services as Let’s Bench may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. You warrant that you have a right to grant the above license.
2.6 You understand that we have rights to use the Submissions, and the books thereby created, for advertising and marketing purposes, in print or online.
You further understand, and thereby authorize, that your photograph and any other Submission may be accessed, viewed, stored or reproduced by Let’s Bench and viewed by any visitors to the Site. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission or to be compensated for any such uses.
2.7 While you retain ownership of all right, title, and interest in the Submission itself, you agree that Let’s Bench owns all right, title, and interest in any compilation, collective work or other derivative work created by Let’s Bench using or incorporating the Submission.
2.8 Your Representation and Warranty. You represent and warrant that (i) the Submission does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Submission, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.
In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and you do hereby waive any such moral rights.
3. Orders. All Products ordered through the Site or Application are custom made. As such, all orders placed via the Site and/or Application are final and cannot be cancelled.
4. Price and Payment. Unless otherwise specifically stated and/or approved by Let’s Bench in writing, all prices are in U.S. currency and payment must accompany order. All payments must be made via PayPal. Checks, cash or money orders are not accepted. Failure to submit a valid payment will result in refusal to perform requested service and the return of your unprocessed materials.
5. Shipping. Let’s Bench ships orders to customers with various carriers in Israel and in the USA. Orders are shipped from printing facilities in Israel, usually within two (2) to five (5) days after the order has been received and accepted by Let’s Bench. Large orders with lengthy or multiple files may be delayed. Shipping estimates are estimates only and Let’s Bench cannot guarantee that orders will be shipped on the date indicated on any order confirmation received by you.
All items purchased through Let’s Bench are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier. Let’s Bench reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.
For more information on shipping, see Shipping.
6. Return Policies and Procedures.
6.1 Because Products ordered via the Site or the Application are custom made goods, Let’s Bench is not able to provide refunds or replacement of merchandise with user-generated defects such as typos, misspellings, design or layout errors, poor image quality, low image resolution, mistakes in selecting product size, product type, paper selection, or printing options or failure to remember or use coupons, gift certificates, benefits or other promotions. Only items which have been damaged in transit due to the negligence or willful misconduct of Let’s Bench or its agents, or items which exhibit manufacturing defects, are eligible for return and replacement. The only remedy available to you is replacement of the Products you ordered through the Site. No cash refunds or credits will be given.
Let’s Bench also does not provide refunds or replacement for damage to products caused by normal wear-and-tear, unusual handling, usage, or treatment.
6.2 Only returns that have been pre-authorized may be returned. Please contact Let’s Bench for authorization within 7 days of delivery to apply for a return. To receive a refund or a replacement of merchandise, we may ask you to document the problem by taking a picture of the defect and/or returning the defective merchandise for inspection before processing the refund or replacement.
6.3 Any damaged product that you wish to return must be returned in the same condition it was received. PLEASE SAVE ALL ORIGINAL PACKING ITEMS AND FILLERS INCLUDED WITH YOUR ORDER. Please include the reason for the return along with your documentation.
For more information on returns, see Returns [hyperlink to web site]
7. No Resale of Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or the Application, use of the Service or the Application, or access to the Service or the Application for any commercial purposes. Similarly, you agree not to make additional copies of the books/benchers you receive.
8. Copyright. You are required by US law to own the right to, or to obtain permission to use any image before the image is uploaded or printed using the Service. At Let’s Bench’s discretion and in appropriate circumstances, Let’s Bench may terminate the accounts of users or prevent access to the Service and/or Application by users who infringe the intellectual property rights of others.
9. Third-Party Software.
9.1 In connection with your use of the Service and/or Application, Let’s Bench may make third-party software available to you from time to time. Your access to such third-party software is conditioned on your separate agreement to the terms and conditions governing use of such software and such agreement will be between you and the third-party software provider. Let’s Bench is not a party to any such arrangement between you and a third-party software provider and disclaims any liability, and provides no warranties relating to such software.
9.2 Let’s Bench does not guarantee that any third-party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.
10. Third-Party Links.
10.1 Let’s Bench may provide links to third-party websites on the Site or as a feature of the Application. Such links are provided solely for your convenience and Let’s Bench is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites.
10.2 Links to third-party sites do not imply any endorsement by Let’s Bench or such sites or the contents, products or services available from such sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.
11. Provision of Application or Services via Third-Party Websites.
11.2 Submissions and data transferred to Let’s Bench from third party websites in connection with the provision of Let’s Bench services via such third party websites is limited to the data, including personally identifiable information and picture files, necessary for Let’s Bench to perform the services ordered.
11.3 YOUR USE OF THE THIRD PARTY SITES IS AT YOUR OWN RISK. LET’S BENCH MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
12. Copyrighted Material, Software and Trademark Information.
12.1 The product names, service names, slogans or logos referenced in the Site, including but not limited to: Let’s Bench, is a trademark of Let’s Bench or its affiliates. All other company, product or service names referenced in this site or software are used for identification purposes only and are trademarks of their respective owners.
12.2 All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy, publicly display, modify or distribute such material without our or the copyright owner’s prior written consent. You may use these materials for personal, non-commercial purposes only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or any proprietary rights notices contained in the materials.
12.3 All right, title and interest in and to the Site, the Service and the Application is and will remain the exclusive property of Let’s Bench, its affiliates and their respective licensors. The Site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code or any other code or language used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.
13. Promotional Offers. Each Let’s Bench promotional offer is subject to the offer details stated in the terms and conditions of each offer.
14. Canceling the Service. If you would like to delete your Let’s Bench account, you need to send an email from the email address (or your Google or Facebook account) used to create your Let’s Bench account requesting that we delete your account for you. Once you have cancelled your account, all images and content uploaded to your Let’s Bench account will be deleted and will no longer be available.
15.1 Let’s Bench may, in its sole discretion, terminate or cancel your account, your access to the Site and your use of the Service and/or Application, and remove and discard any Submissions, at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Let’s Bench elsewhere on the Site; (ii) conduct Let’s Bench believes is harmful to other Let’s Bench users, the business of Let’s Bench or Let’s Bench affiliates, and (iii) any redemption of, or attempt to redeem, fraudulently obtained coupons, gift certificates, benefits or other promotions. Let’s Bench will not be liable to you or any third party for any termination of your access to the Site, Service and/or Application as outlined in these Terms.
Let’s Bench retains the right to cancel the Service, remove images in accounts or to discontinue accounts that have been idle for more than 90 days. We may do so at our sole discretion.
16. Indemnification. You agree to indemnify, defend and hold Let’s Bench, its owners, officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, breach of any warranty under these Terms or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
17. You acknowledge that you (and not Let’s Bench) are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your Submission and Let’s Bench’s use and/or display of any Submission. You hereby hold Let’s Bench harmless from and against any third party claim arising from use of any Submission.
18. Disclaimer of Warranties. THE SERVICE, APPLICATION, AND/OR MATERIALS AVAILABLE THROUGH THE SITE (INCLUDING WITHOUT LIMITATION THE PRODUCTS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LET’S BENCH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.
LET’S BENCH MAKES NO WARRANTY THAT ITS SITE, APPLICATION OR SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LET’S BENCH MAKES NO WARRANTY REGARDING ANY SOFTWARE, APPLICATION, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY APPLICATION, SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LET’S BENCH OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Print color variations:
Please be aware that although Let’s Bench uses sophisticated digital presses and color calibration techniques, slight color variations may occur book-to-book or from the colors of your computer screen. These slight color variations are normal and will not be refunded.
For the avoidance of doubt, and without derogating from the above, we cannot accept responsibility for customer-created errors beyond our control, such as mistakes in typing, grammar, design, image resolution, image quality or errors in user-selected options like product type, size, and printing and paper options.
19. Limitation of Liability.
19.1 For purposes of this section, “Let’s Bench” shall include Let’s Bench, its affiliates, and their respective employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
19.2 TO THE FULLEST EXTENT PERMITTED UNDER LAW, LET’S BENCH WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE, PROFIT OR OTHER INTANGIBLES) ARISING WITH RESPECT TO YOUR USE OF THE SITE, THE SERVICE OR THE APPLICATION, EVEN IF LET’S BENCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SITE, SERVICE OR APPLICATION; (ii) ANY CHANGES TO THIS SITE OR ITS SERVICES (iii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE OR USING THE APPLICATION; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS BY THIRD PARTIES; (v) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE, SERVICE OR APPLICATION, OR (vi) ANY OTHER MATTER RELATING TO THE SITE, SERVICE OR APPLICATION.
19.3 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
20. Miscellaneous Provisions.
20.1 Severability. If any part of these Terms is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
20.2 Waiver. The failure of Let’s Bench to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
20.3 Force Majeure. Let’s Bench shall not be liable for any failure to perform its obligations under these Terms or in connection with any order where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.
20.4 Assignment by Let’s Bench. We may assign our rights and responsibilities hereunder without notice to you.
20.5 Governing Law; Jurisdiction. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the laws of the State of Israel without regard to its conflict of law provisions. These Terms will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action, and you consent to exclusive jurisdiction and venue of the courts in Jerusalem, Israel.
Thank you for using Let’s Bench.