Terms of service

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you consent to allow any minor dependents to use the Services on devices you own or manage. To use the Services you may be asked to provide information such as your email address and billing, payment, and shipping information. You represent that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it. You are responsible for maintaining the security of your account credentials and for all account activity, and you may not transfer, sell, assign, or license your account to anyone else.

Every paddle is personalized and made to order from the image you provide, so please review your design carefully before it goes to print. We have made every effort to represent our products accurately, but colors and appearance may differ from what you see on your screen depending on your device and its settings. We do not warrant that the appearance or quality of any product will meet your expectations or match what is shown online. Product descriptions may change at any time without notice, and we may discontinue a product or limit quantities to any person, region, or jurisdiction at our discretion.

Because we print the image you upload onto a physical product, you are responsible for that image. By uploading a photo or other content for your order, you represent, warrant, and agree that:

We may refuse or cancel any order whose content violates these Terms or that we consider inappropriate, in our sole discretion. You agree to indemnify Facesmash against any claims arising from the images or content you upload. We store and use your uploaded images only to fulfill your order and handle any reprints or issues, as described in our Privacy Policy.

When you place an order, you are making an offer to purchase. Facesmash may accept or decline your order for any reason at its discretion, and your order is not accepted until we confirm acceptance and have received and processed your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we decline, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent that your purchases are for your own personal or household use and not for commercial resale or export.

Prices, discounts, and promotions may change without notice. The price charged will be the price in effect when the order is placed, as set out in your order confirmation email. Unless stated otherwise, posted prices do not include taxes, shipping, or handling. Promotions may be governed by separate terms, which govern if they conflict with these Terms.

You agree to provide current, complete, and accurate purchase, payment, and account information, and to update it promptly so we can complete your transactions and contact you. You represent that the payment information you provide is true and complete, that you are authorized to use it, that the charges will be honored by your card issuer, and that you will pay all charges incurred at the posted prices, including shipping and applicable taxes.

We currently ship within the United States only. All delivery times are estimates and are not guaranteed. We are not liable for shipping or delivery delays, including delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement of them, are owned by Facesmash, its affiliates, or its licensors and are protected by intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided, nothing in these Terms grants any license or rights under any patent, trademark, copyright, or other intellectual property of Facesmash, Shopify, or any third party. Facesmash's names, logos, product and service names, designs, and slogans are trademarks of Facesmash or its licensors and may not be used without our prior written permission. Shopify's name, logo, and marks are trademarks of Shopify. All other marks on the Services belong to their respective owners.

You may be given access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without warranties, representations, conditions, or endorsement of any kind, and we have no liability arising from your use of them. Any use of optional third-party tools is at your own risk, and you should review and approve the relevant provider's terms. New features we add in the future are also part of the Services and subject to these Terms.

The Services may contain materials and links to websites operated by third parties. We are not responsible for examining or evaluating their content or accuracy, and are not liable for any harm related to your use of third-party websites, products, or services. Review the third party's policies before engaging in any transaction, and direct any complaints about their products or services to them.

Facesmash is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Facesmash. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Facesmash, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Facesmash.

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. Because the Services are hosted by Shopify, information you submit will be transmitted to and shared with Shopify and third parties, which may be located in countries other than where you reside, in order to provide the Services. By using the Services, you acknowledge that you have read these privacy policies.

If you submit ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display it in any medium for any purpose, including commercial use, for example to operate, improve, and promote the Services. You represent that you own or have all necessary rights to your Feedback, that you have disclosed any compensation received for it, and that it complies with these Terms. We have no obligation to keep Feedback confidential, to pay for it, or to respond to it. Your Feedback must not violate any third party's rights or contain unlawful, abusive, obscene, or malicious content, and you may not misrepresent its origin. You are solely responsible for your Feedback, and we may (but need not) monitor, edit, or remove it at our discretion.

Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.

You may access and use the Services for lawful purposes only. You may not use the Services: for any unlawful or malicious purpose; to violate any laws or regulations; to infringe our or others' intellectual property rights; to harass, abuse, defame, or harm any person; to transmit false or misleading information; to send spam or other unsolicited material; to impersonate any person or entity; or to otherwise restrict anyone's use of the Services or expose us or others to liability.

You also agree not to: upload viruses or malicious code; reproduce, duplicate, resell, or exploit any portion of the Services; collect or track others' personal information; spam, phish, or pretext the Services; use any robot, spider, scraper, data-extraction tools, or automated means (including agentic AI) to access the Services; or interfere with, bypass, or circumvent our security or access-control measures. We may suspend, disable, or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.

This section applies if you use, enable, or cause the deployment of an Agent to access or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of a person or entity without direct supervision. No Agent may access or interact with the Services unless it identifies itself and operates in strict accordance with the requirements below, and no Agent may access the Services if we have asked it to refrain. We may limit, including by technical measures, whether and how any Agent accesses the Services. Agents must: (i) identify in every HTTP/HTTPS request that the request is from an Agent and disclose the Agent's name in the user-agent string as "Agent/[agent name]"; (ii) not conceal or obfuscate that the activity is from an Agent, including by mimicking human behavior or completing or circumventing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether the interaction is from a human or a computer; and (iv) not circumvent any measure intended to control how Agents access the Services.

We may terminate this agreement or your access to the Services (or any part) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and Privacy Policy sections, and any provisions that by their nature should survive, will continue to apply after termination.

The information presented through the Services is provided for general information only, and we do not warrant its accuracy, completeness, or usefulness; any reliance is at your own risk. EXCEPT AS EXPRESSLY STATED BY FACESMASH, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL FACESMASH, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THEM, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE LIABILITY CANNOT BE FULLY EXCLUDED, IT IS LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE ORDER.

You agree to indemnify, defend, and hold harmless Facesmash, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms or the documents they incorporate, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We may control the defense and settlement of any such claim at your expense, and you agree to cooperate in the defense.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, it shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of it. These Terms and any policies posted by us constitute the entire agreement between you and us regarding the Services, superseding any prior agreements. Any ambiguities shall not be construed against the drafting party.

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent, and any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.

These Terms and any separate agreements by which we provide you Services are governed by and construed in accordance with the laws applicable in the jurisdiction where Facesmash is headquartered, and you and Facesmash consent to venue and personal jurisdiction in the federal and state courts located there.

The headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.

You can review the most current version of these Terms at any time on this page. We may update, change, or replace any part of these Terms by posting updates to our website, and it is your responsibility to check periodically. We will notify you of material changes as required by law, and your continued use of the Services after changes are posted constitutes acceptance of them.

Questions about these Terms can be sent to smash@facesmash.co. Our contact information is:

Facesmash Co.
smash@facesmash.co