Welcome to Obitspace. Please read these Terms of Use carefully as they govern your access and use of the Obitspace.com website and mobile sites (collectively, the “Site”), as well as the provision and sale of products and services by Obitspace and/or its affiliates and/or fulfillment providers, as the context may require (“Obitspace”, “Obitspace.com” “we,” “us,” or “our”).

By accessing or using this Site and its related software tools, applications, or any other Obitspace services, you agree to be bound by these Terms of Use, as well as any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

If you are using this Site on behalf of any business, organization, or other entity, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.

Every offer of an Obitspace product and/or service on our Site, as well as every transaction, order, and agreement concluded through our Site, is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Obitspace has not specifically rejected them.

Obitspace reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. We encourage you to review these Terms of Use each time you access this Site to stay informed of any updates.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our discretion, by sending an email to the address you provided when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting our customer care team. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (collectively referred to as “Content”). This Site and all Content are the copyrighted property of Obitspace or the copyrighted property of parties from whom Obitspace has licensed such property. All rights in this Site and its Content are reserved worldwide.

It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Obitspace reserves the right to add to, delete from, or modify any part of the Content at any time without prior notice. Any modifications to Content, whether by you or Obitspace, remain the property of Obitspace and its licensors.

The design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Obitspace reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other Obitspace customers may use the design tools to create similar or identical combinations of these elements, and Obitspace does not guarantee that your design will not have similarities to designs used by other parties.

Obitspace provides no warranty of any kind that content created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the content is legally available for your use and does not infringe the rights of another party.

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Obitspace (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of the Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose, to defame any person, to violate any person’s right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, service mark, or other intellectual property rights of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious, or otherwise objectionable.

Obitspace reserves the right, in its sole discretion, to refuse to accept any content provided by you to Obitspace or to process any order at any time and for any reason. Obitspace also may terminate its service to and/or the accounts of customers found to be using Obitspace to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Obitspace shall have no liability of any kind to you or to any third party arising from such refusal or termination.

You are solely responsible for your use of the Content in combination with any other images, graphics, text, or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third-party material into your Products.

By placing an order on this Site, you warrant that you have all necessary permission, right, and authority to place the order and you authorize Obitspace to produce the Products on your behalf. You grant Obitspace the right to copy, modify, distribute, use, create derivative works of, and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Obitspace to copy, distribute, use, modify, create derivative works of, and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

You agree to indemnify and defend Obitspace, and all parties from whom Obitspace has licensed portions of Content, as well as their directors, officers, and employees, against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic, or other material you incorporated into Products that was not part of the standard Site Content.

When you place an order with Obitspace, it enters our production process promptly to ensure timely delivery. Due to the customized nature of our products, once your order is in production, it cannot be canceled. This policy helps us maintain our commitment to delivering high-quality, personalized products on schedule.

The Site and its Content are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that the operation of the Site may not be uninterrupted or error-free. While we make reasonable efforts to accurately display the attributes of Products, we do not warrant that Product descriptions are accurate, reliable, or error-free. References and links to products or services of independent companies may appear on the Site. These references and links are provided “as is” without warranty of any kind, either expressed or implied.

Obitspace’s Satisfaction Guarantee is valid for 14 days following your purchase. If you encounter any issues with your order, please notify us within 3 days of receiving your items. Certain circumstances are beyond Obitspace’s control and may not be covered by the Satisfaction Guarantee. We guarantee our personalized products are free of manufacturing errors or product defects. If there is a quality issue with your order, you may contact us for a prompt replacement of the same item.

Please note that we cannot be responsible for:

• Spelling, punctuation, or grammatical errors made by the customer
• Inferior quality or low-resolution of uploaded images
• Design errors introduced by the customer in the document creation process
• Errors in user-selected options such as choice of finish, quantity, or product type
• Damage to the products arising after delivery to the customer

We strongly encourage you to preview your designs carefully and correct any mistakes before placing your order. Obitspace does not proof documents created by its customers before processing.

In no event shall Obitspace, its licensors, suppliers, vendors, or the officers, directors, employees, or agents of any of them be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not Obitspace has been advised of the possibility of damage, arising out of or in connection with the use or performance of the Site or Products or services sold thereon, or of failure to provide products or services that you order from Obitspace or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Obitspace be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of this Site or its Content or our supplied Products or services.

Any comments, suggestions, proposals, or other feedback (collectively “Feedback Information”) provided to Obitspace in connection with the operation or content of this Site shall be provided by the submitter and received by Obitspace on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Obitspace. By submitting any such information to Obitspace, you agree that you are transferring and assigning, at no charge, all of your right, title, and interest in the information, including all copyrights and other intellectual property rights. You agree that Obitspace shall be free to use such information on an unrestricted basis.

The party you are contracting with and the seller of the products and services offered and sold on this Site is Obitspace, a company organized under the laws of the United States of America with its headquarters in Harris County, TX, United States of America. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the United States of America. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in the United States of America. You agree to submit to the jurisdiction of courts sitting in the United States of America and agree that the venue in these courts is proper in any such legal action or proceeding. You also agree not to assert in any legal action or proceeding involving Obitspace that a court sitting in Harris County, TX, is an inconvenient forum for such legal action or proceeding.

At Obitspace, we strive to ensure that you are satisfied with your purchase. While we are unable to offer refunds on customized items due to their unique nature, we are committed to providing you with the best possible support. If your item arrives damaged or there is a manufacturing error, please contact us within 3 days of receiving your order, and we will gladly provide a hassle-free replacement. Our goal is to ensure that you receive your order in perfect condition, and we are here to help with any issues you may encounter.

Replacements for Damaged Items

If your item arrives damaged, please contact our customer service team within 3 days of receiving your order. We will require digital photos documenting the damage to process your claim. Once your claim is reviewed and approved, we will promptly replace the damaged item.

Exceptions and Conditions

• Customized Items: We do not accept returns or issue refunds for customized items due to their unique nature. However, if there is a manufacturing error or the product arrives damaged, we will be happy to provide a replacement to ensure you are satisfied with your purchase.
• Non-Customized Items: For any non-customized items, if applicable, returns can be processed in accordance with our general return policy.
• Order Issues: If there is an issue with your order that is not related to damage (e.g., incorrect item), please contact us within 3 days of receipt, and we will work with you to resolve the issue.

How to Contact Us

To initiate a replacement for a damaged item, please email our customer service team at customerservice@obitspace.com with your order number and photos of the damaged product. We are committed to ensuring that you receive your order in perfect condition.

We reserve the right, for any reason, in our sole discretion, to terminate, suspend, or change any aspect of the Site, including but not limited to content, prices, features, or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that Obitspace will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Site.