Terms of Service
Culturibly® Terms of Service
Last Updated: September 1, 2025
Heads‑up: These Terms include a binding arbitration agreement and a class‑action waiver (see Dispute Resolution, Arbitration & Class Action Waiver). Except for certain small‑claims matters or where prohibited by law, disputes must be resolved by individual arbitration rather than in court before a judge or jury.
1) Who we are and what these Terms cover
These Terms of Service (the "Terms") govern your ("you"/"your") access to and use of Culturibly’s websites, including [www.culturibly.com] and any related pages or subdomains (collectively, the "Site"), and any products, digital content, and services we make available (collectively, the "Services"). The Site and Services are provided by Culturibly, LLC ("Culturibly," "we," "us," or "our").
By accessing or using the Site or Services, creating an account, or placing an order, you agree to be bound by these Terms and our Privacy Policy and Cookie Statement (together, the "Policies"). If you do not agree, do not use the Site or Services.
These Terms apply to customers in the United States and Canada. If you access the Site from another country, you are responsible for compliance with local laws.
2) Changes to these Terms
We may update these Terms from time to time. The updated version will be posted on the Site with a revised "Last Updated" date. Where required by law, we will notify you of material changes (e.g., by email or a notice on the Site). Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
3) Privacy
Your use of the Services is subject to our Privacy Policy and Cookie Statement, which explain how we collect, use, and share information. The Privacy Policy and Cookie Statement are incorporated by reference into these Terms.
4) Accounts & security
You may be able to check out as a guest, but certain features (e.g., order history) may require an account (an "Account"). You agree to provide accurate, current information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity under your Account. Notify us promptly at admin@culturibly.com if you suspect unauthorized access.
5) Products, personalization & content
Personalized books. Many Culturibly products are made‑to‑order and personalized (e.g., a child’s first name and a dedication). You are solely responsible for the accuracy of personalization inputs (spellings, names, messages). Please double‑check your order preview before purchase.
Colors and images. We strive to display product images and colors accurately, but the appearance you see depends on your device. Minor variations may occur.
User content. If you submit text, photos, or other materials ("User Content") for personalization or otherwise, you: (a) represent that you own or have rights to use the User Content; (b) grant Culturibly a non‑exclusive, worldwide, royalty‑free license to use, reproduce, modify (solely as needed to provide the Services), print, and display such User Content to fulfill your order and operate the Services; and (c) agree that User Content will not infringe, misappropriate, or violate any law or third‑party rights.
We reserve the right (but have no obligation) to refuse or cancel orders that include content we deem, in our reasonable discretion, unlawful, infringing, hateful, harassing, obscene, or otherwise inappropriate.
6) Orders; pricing; taxes; payments
Placing orders. By clicking Buy/Confirm order you place a binding order for the items in your cart. We’ll email an order confirmation; acceptance occurs when we send the confirmation or otherwise start to fulfill your order. We may reject or cancel any order (e.g., for suspected fraud, errors, unavailability, or policy violations).
Availability & errors. Products, prices, and promotions are subject to change without notice. Despite our efforts, occasional errors may occur. If the correct price is higher than shown at checkout, we may cancel the order or contact you for instructions before processing.
Pricing & currency. Prices are shown in U.S. Dollars (USD) unless noted otherwise. Shipping and taxes will be shown at checkout where applicable.
Taxes & duties. We collect and remit sales/use taxes as required. Orders shipped outside your country or region may incur duties, customs, or import fees, which are your responsibility unless we state otherwise at checkout.
Payments. You authorize us (and our payment processors) to charge your selected payment method for purchases, including applicable taxes, shipping, and any amounts disclosed at checkout. We accept the forms of payment shown at checkout (e.g., major cards, Shop Pay, PayPal, Apple/Google Pay, Klarna—availability varies). We do not store full card numbers; payments are processed by third‑party processors. We may request verification, refuse or cancel a transaction, or place limits for risk management.
7) Shipping, delivery & risk of loss
We ship to the locations shown at checkout. Delivery estimates are not guarantees; delays may occur. Title and risk of loss transfer to you upon delivery to the address you provide (or to the carrier if you arrange your own shipping). Please verify your shipping address carefully; we are not responsible for shipments lost or delayed due to incorrect addresses or issues beyond our control.
8) Returns, replacements & cancellations
Personalized items. Because personalized products are made specifically for you, they are non‑returnable and non‑refundable except in cases of manufacturing defect, damage in transit, or our error. If there’s an issue, contact admin@culturibly.com within 30 days of delivery with your order number, a description of the issue, and clear photos of the product and packaging.
Non‑personalized items (if offered) may be eligible for returns within 30 days of delivery in unused, resalable condition and in original packaging, unless marked final sale or otherwise stated. Return shipping instructions and any fees (if applicable) will be provided when you contact us.
Replacements for missing/damaged parts. For missing or damaged components in a product we will, where reasonably possible, send replacement parts or a replacement product at our discretion once we validate the issue.
Cancellations & edits. Orders start processing quickly. We can’t guarantee changes or cancellations after submission, but email admin@culturibly.com and we’ll do our best.
Refund method. Approved refunds are issued to the original payment method. Processing times vary by payment provider.
Your statutory rights (where applicable) are not affected.
9) Gift cards
Culturibly e‑gift cards (if offered) are redeemable only on the Site, are not reloadable, cannot be redeemed for cash (except where required by law), and are not replaceable if lost or stolen. Additional terms may apply at purchase.
10) Acceptable use & prohibited conduct
You agree not to, and not to enable others to: (a) violate any law or third‑party rights; (b) upload or use content that is unlawful, infringing, abusive, harassing, defamatory, obscene, or otherwise objectionable; (c) interfere with or disrupt the Site or Services; (d) access the Site via any automated means (e.g., scraping, robots) other than public search engine indexing in accordance with robots.txt; (e) reverse engineer, decompile, or attempt to gain unauthorized access to the Site, systems, or data; (f) use the Services to create a competing product; or (g) use the Services in a way that could damage, disable, or impair our infrastructure.
11) Intellectual property
The Site, its content, layouts, graphics, trademarks, logos, and the products and artwork we provide (excluding your User Content) are owned by Culturibly or our licensors and are protected by intellectual‑property laws. Except as expressly permitted, you may not copy, modify, distribute, create derivative works of, publicly display, or otherwise use them without our prior written permission.
12) Feedback
If you provide ideas, suggestions, or feedback ("Feedback"), you grant Culturibly a perpetual, worldwide, irrevocable, sublicensable, transferable, royalty‑free license to use and exploit the Feedback without restriction or compensation.
13) Accessibility
We aim to make our Site accessible to all users and to continually improve accessibility in line with applicable standards. If you encounter an accessibility issue, email admin@culturibly.com with the page URL and a description of the problem, and we will make reasonable efforts to help.
14) Disclaimers
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OR REQUIRED BY LAW, THE SITE, SERVICES, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. We do not warrant that the Site or Services will be uninterrupted, secure, or error‑free, or that defects will be corrected.
15) Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CULTURIBLY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST DATA; BUSINESS INTERRUPTION; OR COSTS OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE SITE, SERVICES, OR PRODUCTS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE TERMS, THE SITE, SERVICES, OR PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID TO CULTURIBLY FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
Some jurisdictions do not allow certain limitations; in such cases, the above limitations apply to the fullest extent permitted by law.
16) Indemnification
You agree to defend, indemnify, and hold harmless Culturibly and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to your: (a) use of the Site or Services; (b) violation of these Terms; (c) violation of law or third‑party rights; or (d) User Content.
17) Dispute resolution, arbitration & class action waiver
Informal resolution first. Before filing a claim, you and Culturibly agree to try to resolve disputes informally. Email admin@culturibly.com with your name, contact information, order number (if any), and a description of your dispute. If we cannot resolve it within 60 days, either party may start arbitration (or small‑claims court as allowed below).
Arbitration agreement. You and Culturibly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, except that either party may bring an eligible claim in small‑claims court in the county of your U.S. or Canada shipping address. Arbitration will take place by video/teleconference or, if an in‑person hearing is required, in Chicago, Illinois (USA), unless we agree otherwise.
Class/representative action waiver. YOU AND CULTURIBLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Arbitrability & awards. The arbitrator has exclusive authority to resolve all procedural issues and Disputes, including enforceability of this arbitration agreement, except that a court may decide issues concerning the scope, validity, or enforceability of the class‑action waiver. The arbitrator may award individual relief permitted by law. Judgment on the award may be entered in any court with jurisdiction.
Opt‑out. You may opt out of this arbitration agreement (but not the other Terms) by sending an email to admin@culturibly.com with subject line “Arbitration Opt‑Out” within 30 days of the date you first accepted these Terms. Include your full name and the email address associated with your Account or order.
18) Governing law & venue
These Terms are governed by the laws of the State of Delaware and the United States, without regard to conflicts‑of‑law rules. For any claim that is not subject to arbitration or that may be brought in court (e.g., small‑claims matters), the exclusive venue will be the state or federal courts located in Cook County, Illinois (USA), and you and Culturibly consent to personal jurisdiction there.
19) Suspension & termination
We may suspend or terminate your access to the Site or Services at any time, with or without notice, if we believe you violated these Terms or for any reason. Upon termination, the sections that by their nature should survive (e.g., intellectual property, disclaimers, limitations of liability, indemnity, dispute resolution) will survive.
20) Miscellaneous
- Entire agreement. These Terms, together with the Policies and any applicable order details, are the entire agreement between you and Culturibly.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is found unenforceable, the remaining provisions will remain in full force and effect, and an enforceable term will be substituted to reflect as closely as possible the original intent.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Notices. We may provide notices via email, Site postings, or other reasonable means. You consent to electronic communications and agree they satisfy any legal requirements for communications or notices.
21) Contact us
Culturibly, LLC
Email: admin@culturibly.com
If you have questions about these Terms, your order, returns, or accessibility, please reach out—we’re happy to help.