The following terms and conditions and privacy policy govern all transactions between any of Doob USA Inc. ("Doob"), or a Doob affiliate, partner, or licensee and you ("You" or "Customer") concerning the scanning and production of "Doob 3D figures, digital products and other customized products", and our use of personally identifiable data.
- Payment is due in full prior to scanning. Once a scan has been submitted for processing, the order cannot be canceled. If a scanning session is started but not completed, a $45 fee will be retained for the incomplete session, or a gift card issued in the full pre-paid amount. All Gift Card sales are final.
- Slight differences may appear between the Customer and Doob figures due to the nature of the 3D processes. Certain details may be difficult to decipher due to the minute stature of Doob figures, and structures may be omitted due to their fragility in 3D production.
- PLEASE NOTE: Doob full color figures are manufactured by a 3D printing process and are composed of a core resin polymer powder mixture, binding, and infiltration material. Additional product lines, such as Shareables and Silhouette, may also utilize a photopolymer resin and enamel paint. The finalized material is fragile and should be treated with care to prevent it from breaking. Doob figures are not toys and should be kept away from children. If parts are ingested, seek medical assistance immediately.
- Colors and detailing on Doob figures may fade over time. Direct sunlight will lead to bleaching effects. Figurines should be kept away from moisture or chemicals.
- Based on positioning and balance at the time of scan, not all Doob full color figures stand without support. In such cases, permanent stands are available for purchase and can be added after the figure is produced. For additional product lines, permanent stands may come standard with offering.
- Doob full color figures are shipped direct to Customers. Delivery is estimated within 10-15 business days from the date of scan and may be longer for additional product lines. Delivery times are not guaranteed, and Doob will make efforts to notify the Customer if significant delays are expected.
- Customer represents and warrants that he or she has the right to agree to the reproduction of their likeness and all accompanying accessories, attire, and all other likenesses, and all accompanying accessories and attire associated with this order. Customer represents and warrants further that he/she is of legal age and able to enter into a contract or is the legal guardian or custodian of the minor being scanned / produced.
- Customer acknowledges that Doob owns all rights, title and interest in and to the scan data and likeness in all formats and derivatives including 2D, 3D, digital, and physical created in any of the scanning locations operated by Doob, any Doob affiliate, partner or licensee. You hereby agree that Doob may use such data and likeness for advertising, display, publication, or other purposes without limitation, unless you requested the removal of the 3D scan data pursuant to Section 9 below. Doob will not scan or produce Doob figures of anyone under the age of majority without a parent or legal guardian's prior written consent. Doob further reserves the right to alter or delete from any scan any trademarks or logos that may, in Doob's sole judgment, infringe the intellectual property rights of third parties, if applied to Doob figures.
- Doob preserves 3D scan data for ease of reprinting, for development of new applications and other purposes. If you choose to have your 3D scan data removed from our databases after delivery of the final product, please either complete a request form, if available, at the scanning location or email your request to privacy@doob3d.com with your order number within 7 days of purchase of a Doob figure. Failure to request removal of your 3D scan data from our databases within this time period means that you agree to our use of this data pursuant to Section 8 above. You acknowledge that Doob is granting you the option to request the removal of your 3D scan data as a courtesy. In no event shall this option be deemed as a waiver of Doob’s rights, title or interest in and to your 3D scan data.
- Privacy Policy
- Doob respects your privacy. We collect several types of information from you as you fill in forms on our website or in a store, including personally identifiable information such as name, address, email address, telephone number, birthday and height, which you provide to us, our affiliates, partners or licensees for the fulfillment of your orders. We, our affiliates, partners and licensees use this information to (a) present our business, including our website, to you, (b) provide you with information about our products and services, (c) carry out our obligations and enforce our rights arising from transactions between you and us, including for billing and collection, (d) (e) notify you about changes to our website, our business or any products or services we offer or any changes to these terms and conditions and privacy policy, or (e) for any other similar purpose. We may disclose personally identifiable information as described in this Section 10 (a) to our subsidiaries, affiliates, partners or licensees, (b) to comply with any court order, law or legal process, including to respond to any government or regulatory request or (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Doob, our affiliates, partners, licensees, or others.
- You may send us an email at privacy@doob3d.com to request to correct any personal information that you have provided to us and for Doob to make reasonable efforts to refrain from using such personal information for purposes as outlined in 10.1. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If we make changes to how we treat our customers’ personally identifiable information, we will notify you by email to the email address specified in your account and/or through a notice on our website. You are responsible for ensuring that we have an active and deliverable email address for you, and for periodically visiting our website to check any changes.
11. Miscellaneous Terms
- Representation and Warranty. Doob represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services.
- Doob shall not be liable for a breach of the warranty set forth in Section 11(1) unless Customer gives written notice of the defective Services, reasonably described, to Doob within seven (7) days of the time when Customer discovers or ought to have discovered that the Services were defective, and no later than seven (7) days after delivery of final product. Doob shall, in its sole discretion, either (i) re-perform such Services; or (ii) credit or refund the price of such Services. In the event Doob chooses to re-perform the services (scan, reprint, or repair), if required, you are solely responsible for arranging to visit a Doob location where the scan will be performed and for all costs associated with travelling to such location.
- THE REMEDIES SET FORTH IN SECTION 11(2) SHALL BE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND DOOB'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11(1).
- Disclaimer of Warranties. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 11(1) ABOVE, DOOB MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- Limitation of Liability. IN NO EVENT SHALL DOOB BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL DOOB'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO DOOB UNDER THIS AGREEMENT. The limitation of liability set forth in this Section 11(6) shall not apply to (i) liability resulting from Doob's gross negligence or willful misconduct and (ii) death or bodily injury resulting from Doob's negligent acts or omissions.
- Indemnification. Customer shall defend, indemnify and hold harmless Doob and Doob's Affiliates and its officers, directors, employees, agents, successors and permitted assigns from and against all damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, arising out of or resulting from bodily injury, death of any person or damage to real or tangible, personal property resulting from the negligent or willful acts or omissions of Customer; and Customer's breach of the representation and warranty set forth in Section 7 of this Agreement.
- Waiver. No waiver by Doob of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Doob. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
- Force Majeure. Doob shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Doob including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
- Submission to Jurisdiction. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of New York and County of New York; and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
- Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Governing Law, Submission to Jurisdiction and Survival.
- Effective Date. The date these terms and conditions/privacy policy were last revised is September 28, 2018.
