MYRC Custom Retainer Case Design Program

Terms and Conditions

Last updated: November 2024

As used in these terms and conditions, "we," "us," or "MYRC" means Retainer Cases LLC, and "you" means the individual or entity submitting images, designs, logos, text, or other content ("Content") to be incorporated into customized retainer cases on retainercases.com or purchasing such products. If you want to purchase customized retainer cases on retainercases.com, you must accept these terms and conditions without change.

BY CLICKING THE 'CONTINUE' BUTTON OR PLACING YOUR ORDER FOR CUSTOMIZED RETAINER CASES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE RETAINERCASES.COM PRIVACY POLICY, AND CONDITIONS OF USE, AS MODIFIED FROM TIME TO TIME.

1. Content Requirements

1.1 General Content Standards

You can submit your own Content, select from our gallery of designs and images, or use our AI design generation feature to create customized retainer cases. You may only submit Content that you own or have explicit permission to use. You may not submit Content that is pornographic, libelous, defamatory, tortious, obscene, racially, ethnically or otherwise objectionable, or that violates applicable laws (including intellectual property laws). We expressly reserve the right to reject any non-compliant materials. You are solely responsible for ensuring you have all necessary rights, licenses, and permissions to use any Content you submit.

1.2 Intellectual Property Rights

You represent and warrant that you own all intellectual property rights in the Content you submit, or have obtained all necessary permissions, licenses, consents, and releases from any third parties (including trademark owners, copyright holders, and individuals whose names or likenesses appear in the Content) to use such Content for the purposes described in these terms.

1.3 Prohibited Content

You may not submit Content that:

• (a) infringes any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right;
• (b) contains viruses, malware, or other harmful code;
• (c) violates any person's right of privacy or publicity;
• (d) contains false, misleading, or deceptive information;
• (e) promotes illegal activities; or
• (f) harasses, threatens, or defames any person or entity.

1.4 Canva Share Links

If you provide a Canva share link for design editing, you represent and warrant that:

• (a) you have the right to share this design with MYRC;
• (b) the Canva link grants MYRC the necessary permissions to access and edit the design;
• (c) all content within the Canva design complies with these terms; and
• (d) you are responsible for ensuring the link remains active until your order is completed.

MYRC is not responsible for designs that cannot be accessed due to expired or restricted Canva links.

1.5 AI-Generated Designs

If you use our AI design generation feature powered by Google Generative AI (Gemini), you acknowledge and agree that:

• (a) AI-generated designs may not be entirely unique and similar designs may be created for other users;
• (b) you are responsible for reviewing and approving all AI-generated content before ordering;
• (c) MYRC makes no warranties regarding the originality, uniqueness, quality, or suitability of AI-generated designs;
• (d) you grant MYRC the same rights to AI-generated designs as specified in Section 2; and
• (e) AI-generated content must still comply with all content requirements in this Section 1.

2. License Grant for Your Content

You hereby grant to MYRC, its affiliates, and sublicensees (including third parties who provide customized retainer cases and related services) (collectively, the "Service Providers") a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right solely for the purpose of fulfilling your order and providing related services to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Content you submit (including the names and likenesses of any individuals that appear in the Content).

This license does not grant us the right to sell or distribute your custom designs to other customers. We will only use your designs to: (a) produce your customized retainer cases; (b) create proofs and mockups for your approval; (c) fulfill reorders you place; (d) maintain records for customer service and legal compliance; and (e) improve our production processes and quality control.

3. Representations, Warranties, and Indemnities

You represent and warrant that:

• (a) you own all rights to the Content you submit or have obtained all necessary permissions, licenses, and consents to use such Content;
• (b) you have the right to grant the licenses set forth in these terms and conditions;
• (c) the use of this Content by the Service Providers will not violate, misappropriate, or infringe any intellectual property right (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of publicity) or otherwise cause injury to any person or entity;
• (d) all information you provide is accurate and complete; and
• (e) you will defend, indemnify, and hold harmless the Service Providers from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys' fees and costs) related to or arising out of any third-party allegation, claim, lawsuit, or proceeding (a "Claim") to the extent such Claim is based on a breach of these terms and conditions or your submission of Content.

4. Limitation of Liability

MYRC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT YOU SUBMIT. You acknowledge and agree that you are solely responsible for obtaining all necessary rights and permissions for any Content you provide, including but not limited to logos, images, photographs, and designs. MYRC makes no representations or warranties regarding the legality of any Content submitted and expressly disclaims any obligation to verify ownership or permission rights.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYRC AND THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (a) YOUR USE OF OR INABILITY TO USE OUR SERVICES; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR CONTENT; (c) ANY ERRORS OR OMISSIONS IN CONTENT; (d) ANY DELAYS, ERRORS, OR INTERRUPTIONS IN SERVICE; OR (e) ANY CONTENT SUBMITTED BY YOU.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.

5. MYRC Intellectual Property

You may not use MYRC's intellectual property (including our trademarks, logos, website design, or proprietary designs) in any manner without MYRC's prior written consent. These terms and conditions and your purchase of customized retainer cases do not grant you any right in such intellectual property (including any photographs, illustrations, graphics, text, designs, or images made available to you for customization).

6. Returns and Refunds

Customized retainer cases are made to order and are not returnable. Refunds or replacements may be provided at MYRC's sole discretion in cases of manufacturing defects or errors on our part. No refunds or replacements will be provided for issues related to your submitted Content, including but not limited to:

• (a) poor image quality or resolution;
• (b) design errors present in your approved proof;
• (c) color variations that are inherent to the printing process; or
• (d) your dissatisfaction with how your design appears on the final product if it matches the approved proof.

If you believe you received a defective product, you must notify us within 14 days of delivery by contacting support@retainercases.com with photographic evidence of the defect.

7. User Accounts

7.1 Account Creation

To access certain features of our Services, including order history and design storage, you may need to create an account. You agree to:

• (a) provide accurate, current, and complete information during registration;
• (b) maintain and promptly update your account information;
• (c) maintain the security and confidentiality of your password;
• (d) notify us immediately at support@retainercases.com of any unauthorized use of your account; and
• (e) accept responsibility for all activities that occur under your account.

7.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these terms or engaged in fraudulent, abusive, or illegal activity. Upon termination, your right to use our Services will immediately cease, and we may delete your account information and Content.

8. Pricing and Payment

8.1 Pricing

All prices are in U.S. dollars and are subject to change without notice. The price you pay will be the price displayed at the time you complete your order. Prices do not include applicable sales tax or shipping fees, which will be calculated and displayed before you complete your purchase.

8.2 Payment Processing

Payment is processed securely through Stripe, our third-party payment processor. By placing an order, you authorize us to charge your payment method for the total amount, including the product price, applicable taxes, and shipping fees. You represent and warrant that you have the legal right to use the payment method you provide.

8.3 Payment Failure

We reserve the right to cancel orders if payment cannot be processed or if we suspect fraudulent activity. If your payment fails after an order has been placed, we will contact you to resolve the issue before processing your order.

9. Order Process and Proof Approval

9.1 Proof Review

After placing your order, you will receive a digital proof of your customized design via email. You must carefully review and approve the proof before production begins. The proof will show how your design will appear on the final product, including colors, text placement, and image positioning.

9.2 Approval Responsibility

Once you approve the proof, no changes can be made to your order. MYRC is not responsible for errors, typos, design issues, or image quality problems that were visible in the approved proof. By approving the proof, you acknowledge that you have reviewed it carefully and accept full responsibility for the final product as shown.

9.3 Proof Response Time

If you do not respond to the proof within 5 business days, we may proceed with production based on the proof provided or cancel your order.

9.4 Revisions

You may request revisions to your proof before approval. Depending on the nature of the changes, additional fees may apply. We will notify you of any additional charges before implementing revisions.

10. Shipping and Delivery

10.1 Shipping Locations

We currently ship only to addresses within the United States (including Alaska, Hawaii, and U.S. territories). We do not ship internationally at this time.

10.2 Delivery Estimates

Delivery times provided are estimates only and are not guaranteed. Actual delivery times may vary based on production schedules, shipping carrier delays, weather conditions, and other factors beyond our control. We are not liable for any delays in delivery.

10.3 Shipping Address

You are responsible for providing an accurate and complete shipping address. We are not responsible for orders shipped to incorrect, incomplete, or undeliverable addresses provided by you. If a package is returned to us due to an incorrect address, you will be responsible for additional shipping charges to reship the order.

10.4 Risk of Loss

Risk of loss and title for products pass to you upon delivery to the shipping carrier. We are not responsible for lost, stolen, or damaged packages after they have been delivered to the carrier.

10.5 Tracking

Once your order ships, you will receive a tracking number via email. You are responsible for monitoring the tracking information and arranging for package receipt.

11. Prohibited Uses

You may not use our Services to:

• (a) create products containing illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or otherwise objectionable content;
• (b) infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights;
• (c) impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• (d) interfere with, disrupt, or create an undue burden on our Services or networks;
• (e) attempt to gain unauthorized access to our Services, accounts, computer systems, or networks;
• (f) use any robot, spider, scraper, or other automated means to access our Services;
• (g) transmit viruses, malware, or other harmful code;
• (h) collect or harvest personal information about other users;
• (i) violate any applicable laws or regulations; or
• (j) encourage or enable any other person to do any of the foregoing.

12. Governing Law and Disputes

12.1 Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any disputes, claims, or controversies arising from or related to these terms, your use of our Services, or your purchase of products shall be resolved exclusively in the state or federal courts located in Sacramento County, California. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

12.3 Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12.4 Limitation Period

Any claim or cause of action arising from these terms or your use of our Services must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred.

13. Modifications

We may modify these terms and conditions at our sole discretion at any time by posting the modified terms on the retainercases.com website. We will update the "Last updated" date at the top of this document. Your continued purchase of customized retainer cases on retainercases.com after the effective date of the modified terms constitutes your acceptance of the modified terms. If you do not agree to the modified terms, you must stop using our Services.

14. Entire Agreement

These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and MYRC regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral.

15. Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

16. Waiver

Our failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

By using MYRC's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.