Terms & Conditions
Casetitude is a social design service where you can create your own mobile case using our Casetitude application. Casetitude is provided by Think Smart Co., Ltd. (the "Company", "we" or "us"). Casetitude uses the Casetitude photos API (Application Programming Interface) technology.
Before accessing or using the Website/Mobile Application, please read the Agreement (in particular, these Terms and Conditions) carefully, as they affect your rights and liabilities under the law. Do not access or use the Website/Mobile Application or our services if you do not agree to all of these Terms and Conditions. If you have any questions on the Agreement or any of these Terms and Conditions, please contact us at Casetitude.com.
Use of the Website/Mobile Application. The Website/Mobile Application is provided to you for your use subject to these Terms and Conditions. By using the Website/Mobile Application you agree to be bound by (i) the Agreement (in particular, these Terms and Conditions). Although we will normally only refuse use of the Website/Mobile Application if these Terms and Conditions are violated, we reserve the right to refuse use of the Website/Mobile Application to anyone for any reason at any time.
Registering a Casetitude Account. To register an account ("Casetitude Account") on the Website/Mobile Application, you must be over thirteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided on registration by updating your personal details in order that we can communicate with you effectively. We reserve the right to refuse registration of any account name that violates a trademark or may mislead other users.
Password and Security. When you register for a Casetitude Account, you will be asked to create a password. In order to prevent fraud, you must keep this password confidential. You must not disclose the password or share the password with anyone. If you know or suspect that someone else knows your password you should notify us or contacting us at Casetitude.com. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website/Mobile Application, we may require you to change your password or we may suspend your Casetitude Account.
Your Casetitude Account. You are solely responsible for maintaining the security of your Casetitude Account, and you are fully responsible for all actions that occur under the account and any other activities taken in connection with the account such as sharing any images on the Website/Mobile Application. You must not describe or assign keywords in your Casetitude Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may remove your Casetitude Account if any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability, harm or damages. We may also remove your Casetitude Account if there has been no activity in the account for a period of 6 months. You may not use another's Casetitude Account without permission. We must be immediately informed if there is any unauthorized use of your Casetitude Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Although we will not be liable for your losses caused by any unauthorized use of your Casetitude Account, you may be liable for the losses of ours of others due to such unauthorized use.
Your use of the Website/Mobile Application. You may not use the Website/Mobile Application for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practices;
- interfering with any other person's use or enjoyment of the Website/Mobile Application; or
- making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner. You will be responsible for our losses and costs resulting from your breach of this provision.
Your Content on the Website/Mobile Application. You are entirely responsible for the content (the "Content") that you submit, post and display on the Website/Mobile Application, and any harm resulting from the submission, posting and display of the contents on the Website/Mobile Application. These include, without limitation, posting material to the Website/Mobile Application, posting links on the Website/Mobile Application, commenting on the Website/Mobile Application or otherwise making (or allowing any third party to make) material available via the Website/Mobile Application. That is the case regardless of whether the Content constitutes data, text, files, information, images, screen names, graphics, photos, profiles, audio files, video files, audiovisual combinations, interactive features, musical works, works of authorship, applications, links, codes, scripts, computer software or other material. By making the Content available, you represent and warrant that:
- The proprietary rights, including but not limited to the copyright, patent, trademark, trade secret rights and other intellectual property rights of any third party in the Content will not be infringed by the copying, downloading and use of the Content;
- If the intellectual property rights or proprietary rights of the Contents belong to your employer, you must have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
- Any third-party licenses relating to the Content must be fully complied with and successfully pass through to end users under any required terms and all royalties, fees and other monies owing to other persons and relating to the use of the Content must have been fully and duly settled;
- The Content is free from any bugs, viruses, worms, malware, trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content does not contain any pornographic material, threats or material which incites aggression towards individuals or entities, and does not infringe
- Your Casetitude Account username will not mislead your readers into thinking that you are another person or company. We may, but has no obligation to, remove the Content and the Casetitude Account(s) containing Content that, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates the intellectual property rights or other proprietary rights of others, the Agreement (in particular, these Terms and Conditions).
Our right to use Your Content on Website/Mobile Application. We do NOT claim ANY ownership rights in the Content that you submit, post and display on or via the Website/Mobile Application. By submitting, posting and displaying any Content on or via the Website/Mobile Application, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, adapt, delete from, add to, publicly perform, publicly display, reproduce, transmit, store, translate, publish, broadcast, distribute, sell or otherwise exploit such Content, including without limitation, the adaptation, reproduction and distribution of part or all of the Content in any media formats through any media channels.
Visitors' Activities on the Website/Mobile Application. We have not evaluated, and cannot evaluate, all of the Contents posted by visitors (i.e. persons assessing the Website/Mobile Application and without a Casetitude Account) to the Website/Mobile Application ("Visitors' Contents"), and will not be responsible for the Visitors' Contents or their use or effects. By using the Website/Mobile Application, we do not stand for or imply that we supports the Visitors' Contents, or that we believe such Visitors' Contents to be accurate, useful or without harm. You are responsible for taking precautions as necessary to defend yourself and your computer systems from bugs, viruses, worms, trojan horses, and other harmful or destructive content. The Website/Mobile Application may contain Visitors' Contents that are offensive, indecent, or otherwise objectionable, as well as containing technical inaccuracies, typographical mistakes, and other errors. The Website/Mobile Application may also contain Visitors' Contents that violate the privacy or publicity rights, or breach the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which are subject to additional terms and conditions, express or implied. We disclaim any and all responsibility for any harm resulting from the use by visitors of the Website/Mobile Application, the submission, posting and display of Visitors' Content on the Website/Mobile Application or from any downloading by those visitors of any Content on the Website/Mobile Application.
Your Payment / Orders on the Website/Mobile Application. The orders placed on the Website/Mobile Application are subjecting to being charged with import fees, taxes, custom duties, related package handling fees and/or any other relevant charges required by the corresponding designated country and/or the organization(s) that handle(s) the shipment / delivery of the orders. None of these charges are included in the price that you pay on the Website/Mobile Application. Items cannot be sent as gifts, and your purchase may or may not have these charges, depending on the policies of the designated country and/or the organization(s) that handle(s) the package. If any of the said charges apply, you may need to pay for them to the respective collection authority in advance of receiving your purchase. You should check with any related authority of your country (or the designated country of the order) for any charges required to receive the goods you order from Casetitude. Casetitude is not responsible for any of these charges, and would not refund on item(s) returned to us due to unaccepted / undelivered and/or any other reasons unless otherwise agreed with Casetitude in advance.
Furthermore, since products from Casetitude are highly customized and tailor-made for individual customers, products cannot be returned for refund. If you are not satisfied by defects on the products (such as scratched cases or printing), please contact our customer services team for assistance and the team will investigate the problem and arrange an exchange of the product with a new one if necessary.
Shipping / Delivery of Your Order. The delivery type "Standard Shipping" is done via international registered articles while the type "Express Mail (EMS)" is sent via Express Mail Service. Both of the delivery types are to be carried out by the national postal service when the articles arrive in the destination country.
The way the package is presented to the recipient will depend on the postal service provided in the designated country. Most of the time packages are delivered by postman to the address and require the recipient to sign to receive the package. However, this may not be applicable to some countries or particular areas in the country and recipients may sometimes be required to pick up the package from the postal service's office. Please contact the national postal service of your country to check the way packages are delivered.
Since shipping is often affected by the processing time of the Customs and delivery standard in the destination country, the estimated delivery date indicated on the Web site is strictly for reference only and shall not be regarded as a commitment. Casetitude does not guarantee orders to be delivered by a particular time, and shall not be liable for any direct / indirect loss caused by delivery issues. If there is a necessity to check the status of the article in the destination country with local postal service, you will need to carry out the enquiry on your own and Casetitude will not be responsible for any fees (such as communications) incurred.
For the free shipping offer that Casetitude provides, the type of delivery to be adopted will be "Standard Shipping" unless otherwise specified. Free shipping will be offered only to the initial shipment of an order. If the initial shipment is not received and a re-shipment is required, re-shipment fee will be required in such cases. Reasons for shipment being unable to receive may include but not limited to, wrong recipient information and/or address provided during checkout (which will appear in the order confirmation email), recipient unable to pick up the package from local postal service. Exemptions of re-shipment fee may be granted for situations such as article being lost by the postal service, or the product is found to be defective when received.
Availability of the Website/Mobile Application. Although we aim to offer you the best service possible, we make no promise that the services at the Website/Mobile Application will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Website/Mobile Application you should report to us at Casetitude.com and we will attempt to correct the fault as soon as it reasonably can. Your access to the Website/Mobile Application may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
Third Party Website/Mobile Applications. The Website/Mobile Application includes links to other websites and webpages ("Third Party Websites"). We have not reviewed, and cannot review, all of the material made available through the Third Party Websites to which the Website/Mobile Application links and that link to the Website/Mobile Application. We do not have any control over the Third Party Websites, and will not be responsible for their contents, use, privacy policies, or practices. By linking to a Third Party Website, we do not represent or imply that we endorse such Third Party Website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. We disclaim any and all responsibility for any harm resulting from your use of the Third Party Websites.
Intellectual Property. The Content we display on the Website/Mobile Application (the "Casetitude Content") is protected by copyright, trademark, patent, trade secret, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-sublicensable licence to reproduce and display the Casetitude Content (excluding any software code) solely for viewing and using the Website/Mobile Application. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the Casetitude Content without written permission from us or the owner of the intellectual property rights. The Agreement does not transfer to you any of our or the third party's intellectual property rights, and all rights, titles and interests in and to such property will remain (as between the parties) solely with us. Further, the Casetitude logo, and all other trademarks, service marks, graphics and logos used in association with Casetitude or on the Website/Mobile Application are the trademarks or registered trademarks or other intellectual property rights of the Company or our licensors. Other trademarks, service marks, graphics and logos used in association with the Website/Mobile Application may be the trademarks or other intellectual property rights of other third parties. Your use of the Website/Mobile Application grants you no right or license to reproduce or otherwise use any of our or third party's trademarks, service marks, graphics and logos.
Copyright Infringement. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to or from the Website/Mobile Application violates your copyright, you are encouraged to notify us. We will use our reasonable endeavours to respond to all such notices, and if required or appropriate, remove the infringing material or disable all links to the infringing material. We may, but has no obligation to end a visitor’s permission to visit and use the Website/Mobile Application if, under appropriate conditions, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others.
Changes. We reserve the right to amend the Agreement (in particular, these Terms and Conditions) from time to time for legal or regulatory reasons or to allow the proper operation of the Website/Mobile Application. Any material changes in the Agreement (in particular, these Terms and Conditions) will be notified to you via the email address provided by you on registration or published via a suitable announcement on the Website/Mobile Application. You should nonetheless periodically review the up-to-date version of these Terms and Conditions available at Casetitude.com. The changes will apply to the use of the Website/Mobile Application immediately after such notice has been given. What constitutes a material change will be determined at our sole discretion. If you do not wish to accept any of the new Agreement, you must not continue to use the Website/Mobile Application. If you continue to use the Website/Mobile Application after the positing of the amendments on the Website/Mobile Application, your use of the Website/Mobile Application constitutes your agreement to be bound by the new Agreement (in particular, the new Terms and Conditions). We may also, in the future, offer new services and/or features through the Website/Mobile Application (including, the release of new tools and resources). Such new features and/or services shall be subject to the Agreement (in particular, the Terms and Conditions).
Termination. We reserve the right to suspend or cancel your Casetitude Account at any time, without prior notice and in our sole discretion if you breach any of your obligations under these Terms and Conditions. If you wish to terminate your Casetitude Account, you may inform us in writing at Casetitude.com. Suspension or cancellation of your Casetitude Account shall not affect our and your rights and liabilities accrued before such suspension/cancellation. All provisions of the Agreement (in particular, the Terms and Conditions), which by their nature should survive termination, shall survive termination of the Agreement, including, without limitation, intellectual property, representations and warranties, indemnification, disclaimer of warranties, and limitations of liability.
Site Errors. In the event a product is listed on the Website/Mobile Application at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. We reserve the right to reject any orders placed on the site.
Indemnification. You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damagers, losses, liabilities, costs or expenses (including without limitation, attorneys’ fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of your use of the Website/Mobile Application, including but not limited to your violation of the Agreement (in particular, the Terms and Conditions) and the Instagram™ Terms and Conditions.
Disclaimer of Warranties. The Website/Mobile Application is provided “as is”. We, our suppliers, licensors and licensees hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of any intellectual property rights, other proprietary rights or statutory requirements. Neither we nor our suppliers, licensors or licensees make any warranty that the Website/Mobile Application will be error free or that access thereto will be continuous or uninterrupted. You will download from, or otherwise obtain content or services through, the Website/Mobile Application at your own discretion and risk.
Casetitude's liability. You understand that when using the Website/Mobile Application, you will be exposed to content from internet sites or sources outside the Website/Mobile Application, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the aforesaid, and, to the fullest extent permitted under the applicable law, agree to indemnify and hold harmless the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents to the fullest extent allowed by law regarding all matters relating to your use of the Website/Mobile Application. Further, if we are in breach of these Terms and Conditions, we will only be responsible for any loss that you suffer as a result to the extent they are a foreseeable consequence to both we and you at the time you use the Website/Mobile Application. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption, but shall not limit or affect our liability resulting from any products sold through the Website/Mobile Application being found to be unsafe or if something we do negligently causes death or personal injury.
Limitation of Liability. To the fullest extent permitted under the applicable law, in no event will the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents be liable with respect to any subject matter of the Agreement (in particular, the Terms and Conditions) under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive losses or expenses or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid to us by you during the twelve (12) month period prior to the accrual of the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
Advertising and Sponsorship. Part of the Website/Mobile Application may contain advertising and sponsorship material. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website/Mobile Application complies with the relevant law. We will not be responsible to you for any error or inaccuracy in advertising or sponsorship material posted on the Website/Mobile Application.
International Use. We make no promise that material on the Website/Mobile Application is appropriate or available for use in locations outside Thailand. Access to the Website/Mobile Application from locations where its contents are by law illegal or unlawful is prohibited. If you choose to access the Website/Mobile Application from locations outside Thailand, you do so on your own initiative and you will be entirely responsible for compliance with local laws.
No partnership. We and you shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.
Miscellaneous. The Agreement, including these Terms and Conditions, shall constitute the entire agreement between we and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting on the Website/Mobile Application of a revised version. Except to the extent the applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website/Mobile Application will be governed by the laws of Thailand, and the parties agree to submit to the non-exclusive jurisdiction of the Thailand courts. If any part of the Agreement is held invalid or unenforceable, it will be severed and the remaining portions will remain in full force and effect. A waiver by either party of any of these Terms or Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by the Agreement. We may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.