Terms of Service

1. The products and your preview

We manufacture custom-printed American Mahjong tiles and related goods to your specifications, using designs you create or upload in our design editor. The on-screen preview is your proof: you are responsible for reviewing it — spelling, layout, image quality, and all — before ordering. Colors on screen vary by monitor, and colors in print vary by substrate, ink, and process. Reasonable variation between the preview and the printed product — including minor differences in color, placement, and scaling — is inherent to custom printing and is not a defect.

2. Your account

You're responsible for your account credentials and everything that happens under them. Give us accurate information and keep it current. We may suspend or terminate accounts as described in these Terms.

3. Your content: ownership, license, and responsibility

You retain all ownership rights in the artwork, photos, text, and designs you upload or create in the editor (“Your Content”). You grant us a non-exclusive, worldwide, royalty-free license — sublicensable to our service providers only — to host, store, reproduce, modify (for example: resize, crop, color-adjust, rasterize), and print Your Content solely as necessary to: (a) operate the design editor and show you previews; (b) manufacture, quality-check, photograph for order records, and ship your order; (c) provide customer support, reprints, and reorders; and (d) comply with law. This license ends when you delete Your Content or your account, except that we may retain copies in routine backups, in order records we keep for tax, warranty, and legal purposes, and as needed to complete orders already placed. We will not use Your Content in our marketing without your separate, explicit permission.

By submitting Your Content, you represent and warrant that:

• you own Your Content or hold all rights, licenses, consents, and permissions necessary to use it and to grant us the license above;
• Your Content — and our printing of it — will not infringe or misappropriate any third party's copyright, trademark, trade dress, patent, trade secret, right of publicity, right of privacy, or any other right;
• you have consent from every identifiable person appearing in Your Content (or their parent or guardian, for minors) to put their name, image, or likeness on printed products;
• Your Content complies with the Content Policy below and all applicable laws; and
• no claim or dispute is pending or threatened regarding Your Content.

You — not we — are solely responsible for Your Content. We do not review designs for legal compliance, and our printing of an order is not a determination that it is lawful or non-infringing. If you put someone else's intellectual property on a tile without permission, the consequences are yours, including under the indemnification section below.

4. Content Policy

You may not upload, create, or order products bearing content that falls in any of these categories:

• content that infringes any third party's copyright, trademark, or trade dress — including logos, characters, brand names, sports marks, and game artwork you don't have rights to;
• counterfeits, or content implying sponsorship by or affiliation with any brand or organization without authorization;
• any person's name, image, or likeness used without their consent — including celebrities and public figures;
• child sexual abuse material or any sexualized depiction of a minor — zero tolerance; we preserve evidence and report apparent child sexual abuse material to the National Center for Missing & Exploited Children as required by federal law;
• obscene or pornographic material;
• hate symbols or content promoting hatred or violence against any person or group;
• content promoting illegal activity, terrorism, or self-harm;
• defamatory content, or private information about another person;
• currency, government identification, official seals, postage, or anything else that is illegal to reproduce; and
• content that violates export controls or sanctions.

We may — in our sole discretion and without any obligation to review content — refuse, cancel, or halt production of any order, remove any content, or suspend or terminate any account, at any time, including when we believe content violates these Terms, this Content Policy, any law, or any third party's rights, or exposes us to potential liability. If we cancel an order for a content reason before it ships, our sole obligation is to refund what you paid for the canceled items. We are not obligated to explain individual moderation decisions, and declining to print something is not a statement about you personally. Probably.

5. Copyright and IP complaints

We respect intellectual property rights and expect our customers to do the same. If you believe content on the Site infringes your copyright or other rights, follow the notice procedure on our Copyright & IP policy page. We respond promptly to valid notices, including removing content and halting production of unshipped orders where appropriate, and we terminate the accounts of repeat infringers.

6. Orders, pricing, and payment

All prices are in US dollars. Payment is processed at checkout by Stripe; we never see or store your card number. Applicable sales tax is calculated and collected at checkout. An order is an offer to buy; we accept it when we confirm it, and we may decline or cancel orders for reasons including suspected fraud, pricing or listing errors, or Content Policy violations (with a refund if you've been charged and the order hasn't shipped). We currently sell and ship within the United States only.

7. Cancellation

Every order is printed to order, and production begins when your payment is completed — that is when your order is released into our manufacturing queue. For that reason, an order can't be canceled once it's placed. If you realize something is wrong right after ordering, email hello@snarkytiles.com right away: if we haven't started printing it yet, we'll do what we reasonably can to help, which may include canceling it for a full refund at our discretion. See our Returns & Refunds policy for what happens after that.

8. Shipping and risk of loss

Shipping timelines shown at checkout are estimates, not guarantees.

Risk of loss passes to you when your order is delivered to the shipping address provided with your order.

If a carrier loses your order before delivery, contact us and we'll reprint and reship it at no additional cost to you. We may investigate the shipment, submit a carrier or insurance claim, and ask for reasonable cooperation, but we'll handle the carrier side of the problem.

If tracking indicates delivery but you cannot locate your package, contact us promptly. We'll work with you and the carrier to investigate what happened and determine the appropriate resolution.

If we become unable to ship within the timeframe originally stated, we'll notify you and provide any cancellation, refund, or delay options required by applicable law.

9. Returns, defects, and remakes

Every product is custom-manufactured to your specifications and has no practical resale value to us, so custom products generally cannot be returned for change of mind, buyer's remorse, or design errors in a preview you approved. Studio Passes and do-over packs are design services that begin at purchase and are not refundable.

But your order is covered by our 100% Happiness Guarantee. If something about the product isn't right because of printing, manufacturing, damage in transit, or another issue on our side, contact us within 14 days after delivery. We'll reprint and reship the affected tiles — or the whole set if necessary — at no cost to you. If we cannot reasonably correct the problem with a reprint, we may issue a refund for the affected items instead.

You don't need to return the original tiles. We may ask for photos so we can understand what happened and prevent the problem from happening again.

Normal screen-to-print color variation and customer-approved design mistakes are addressed in our Color Accuracy Policy and Tiles for Life promise. Carrier-lost shipments are covered separately under Section 8 and are not subject to the 14-day post-delivery deadline. Details are in our Happiness Guarantee and Returns & Refunds policy, which is part of these Terms.

10. Chargebacks

If something's wrong with your order, please contact us first so we have an opportunity to make it right — a human reads the inbox, and our Happiness Guarantee is designed to solve these problems.

If a chargeback or other payment dispute is filed, we may provide the payment processor, card issuer, or other relevant party with information relating to the transaction, including your approved design preview, production records, correspondence, shipping information, and proof of delivery.

We reserve the right to suspend or terminate accounts in cases of fraudulent or abusive payment disputes. Nothing in this section limits any rights you may have under applicable consumer-protection law.

11. Our intellectual property

The Site, the Snarky Tiles name and branding, our product designs, templates, and catalog imagery are ours (or our licensors') and are protected by intellectual property laws. Buying a product doesn't transfer any rights in them, and you may not use them outside the Site without our written permission.

12. Warranty disclaimer

EXCEPT FOR THE EXPRESS REMEDIES IN SECTIONS 8 AND 9, OUR HAPPINESS GUARANTEE, AND THE RETURNS & REFUNDS POLICY, THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT. OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100). THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, REMEDY, CONSUMER RIGHT, OR LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR PERSONAL INJURY WHERE APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Digital River, LLC and its officers, members, employees, and agents from and against all claims, damages, judgments, awards, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content, including any claim that Your Content or our printing of it infringes or violates any third party's intellectual property, publicity, or privacy rights; (b) your breach of these Terms or any representation or warranty in them; or (c) your violation of law. We may assume the exclusive defense of any matter subject to indemnification (at our expense), in which case you agree to cooperate. This obligation survives termination of these Terms.

15. Dispute resolution: arbitration and class waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

• Talk to us first. Before starting arbitration, you must email hello@snarkytiles.com with your name, order number, and a description of the dispute, and give us 60 days to work it out with you informally. Applicable statutes of limitations are tolled during this period.
• Arbitration. If we can't resolve it informally, any dispute arising out of or relating to these Terms, the Site, or any product will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules and any other AAA rules applicable to the proceeding, before a single arbitrator. The Federal Arbitration Act governs this section. The arbitrator may award the same individual relief a court could. AAA's consumer fee schedule applies; we pay all arbitration fees beyond your capped filing fee.
• Carve-outs. Either party may (a) bring an individual claim in small claims court, or (b) seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property.
• Class waiver. ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this class waiver is found unenforceable as to a particular dispute, this entire arbitration section (not just the waiver) is void as to that dispute, which will proceed in court under Section 16.
• 30-day opt-out. You may opt out of this arbitration agreement entirely — with no effect on your other rights under these Terms — by emailing hello@snarkytiles.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration.

16. Governing law and venue

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Any claim not subject to arbitration must be brought exclusively in the state or federal courts located in Utah County, Utah, and you consent to their jurisdiction.

17. Changes to these Terms

We may update these Terms from time to time. We'll post the updated version here with a new “Last updated” date, and for material changes we'll give notice (by email or a prominent notice on the Site) at least 30 days before they take effect. Changes apply prospectively — they don't change the deal on orders you already placed. Continuing to use the Site after changes take effect means you accept them.

18. Everything else

If any provision of these Terms is held unenforceable, the rest remain in effect. These Terms (with the policies they incorporate) are the entire agreement between us about the Site. We may assign these Terms; you may not. Our not enforcing a provision isn't a waiver of it. Neither party is liable for delays caused by events beyond its reasonable control. Sections that by their nature should survive termination (including Sections 3, 12 through 16, and this section) survive.

19. Contact

Digital River, LLC d/b/a Snarky Tiles · hello@snarkytiles.com. A human reads it.