Terms of Service
TERMS OF USE
By consenting to TobyRoo’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at hello@tobyroo.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing TobyRoo's products or services, you agree that any controversy, claim, action, or dispute between you and TobyRoo arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of TobyRoo’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Jacksonville, NC USA but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the North Carolina, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of TobyRoo’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 391 Carolina Blvd, Ste 200-102, Jacksonville, NC 28546. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with TobyRoo. You are responsible for ensuring TobyRoo’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and TobyRoo agree that you may bring or participate in Claims against TobyRoo only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and TobyRoo agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
LICENSE AND PERMITTED USE
By purchasing and downloading our digital products, you agree to the following terms and conditions. Please read these carefully to understand your rights and responsibilities regarding the use of our digital designs.
1. License and Permitted Use
- Personal & Commercial Use: You may use our digital designs for both personal and limited commercial purposes. This includes incorporating the designs into physical items (such as t-shirts, mugs, or other merchandise) for sale.
- End Products Only: TobyRoo Originals’ designs must be used to create a final, tangible product. Selling or distributing the designs “as-is” (in their digital form) is strictly prohibited.
2. Restrictions
- No Resale or Redistribution: You may not resell, distribute, share, or provide access to the original design files, whether modified or unmodified, in digital or physical form.
- No Modifications for Redistribution: You are not permitted to alter, modify, or adapt the original design with the intent to resell or redistribute the modified design files. Our designs cannot be used as a base for other digital products for resale.
- No Print-on-Demand Use: Uploading our designs to Print-on-Demand (POD) sites or using them to create POD products is strictly prohibited. TobyRoo Originals' designs are intended for personal and limited commercial use only, specifically for crafting physical end products that are created and sold directly by you.
3. Intellectual Property
- All designs and content created by TobyRoo Originals are the intellectual property of TobyRoo Originals and are protected by copyright laws. Purchasing a product does not transfer ownership of the design to you; it grants a license for permitted uses as outlined above.
4. No Liability for Technical Support
- While we provide quality digital files, you are responsible for ensuring you have the necessary equipment, software, and knowledge to work with these files (such as sublimation printers, heat presses, or graphic design software). We do not offer technical support for third-party software, hardware, or crafting processes.
5. Refunds and Exchanges
- Due to the digital nature of our products, all sales are final, and we do not accept returns, exchanges, or offer refunds once the files have been downloaded.
6. Amendments to Terms
- TobyRoo Originals reserves the right to update or change these Terms & Conditions at any time. It is your responsibility to review these terms periodically. Your continued use of our products after any changes to these terms signifies your acceptance of the updated terms.
By purchasing and downloading our designs, you agree to comply with these terms. Violation of these terms may result in legal action. If you have any questions or need further clarification, please feel free to reach out to us at hello@tobyroo.com