Terms of service

Welcome to Acclaimed Figures ("we," "us," or "our"). By accessing or using our website at http://www.acclaimedfigures.com (the "Website") or purchasing products from us, you agree to be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully, as they contain important information about your legal rights, including limitations on class action lawsuits and other remedies, as outlined in Section 10. If you do not agree with these Terms, please do not use our Website or purchase our products.

1. General

1.1 These Terms govern your use of the Website and your purchase of any products, including historical busts, offered through the Website.

1.2 We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective upon posting to the Website. Your continued use of the Website after such changes constitutes acceptance of the revised Terms.

1.3 You must be at least 18 years old or have the consent of a legal guardian to use our Website or make purchases.

2. Products and Orders

2.1 All products displayed on the Website, including historical busts, are subject to availability. We reserve the right to limit quantities or discontinue products at any time.

2.2 Product descriptions, images, and prices are provided for informational purposes and are subject to change without notice. We strive for accuracy but do not guarantee that all details are error-free.

2.3 By placing an order, you make an offer to purchase a product. We reserve the right to accept or reject any order at our discretion. You will be notified via email if your order is accepted or rejected.

2.4 You may cancel your order within 24 hours of confirmation by contacting us via email at contact@acclaimedfigures.com. Cancellations requested after 24 hours or after the order has been shipped will not be accepted, and you must follow our Return Policy to return the product for a refund. Refunds for canceled orders within the 24-hour period will be issued to the original payment method, subject to any applicable fees outlined in our Return Policy.

3. Pricing and Payment

3.1 All prices are listed in U.S. dollars (USD) and include shipping and handling fees. Applicable taxes (e.g., sales tax) and customs duties or fees are not included in the listed prices and are your responsibility, based on your shipping address. You are solely responsible for any customs duties, taxes, or additional fees imposed by your country or locality, which may vary depending on your location.

3.2 Prices are subject to change without notice, but changes will not affect orders already confirmed.

3.3 Payment must be made in full at the time of purchase using the payment methods offered on the Website (e.g., credit/debit card, PayPal).

3.4 We use secure payment processing systems, but we are not liable for any issues arising from third-party payment providers.

4. Shipping and Delivery

4.1 Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or other factors beyond our control.

4.2 You are responsible for providing accurate shipping information. We are not liable for delays or losses due to incorrect or incomplete addresses.

4.3 We are not liable for any delays, losses, or damages resulting from events beyond our control, including but not limited to courier strikes, labor disputes, natural disasters, war, civil unrest, customs delays, or governmental actions. Such events may affect delivery times, and we will not be responsible for any additional costs, refunds, or compensation arising from these delays.

5. Returns and Refunds

5.1 We accept returns of undamaged products within 30 days of delivery, subject to our Return Policy.

5.2 Products must be returned in their original condition and packaging, with proof of purchase.

5.3 Refunds will be issued to the original payment method within 15 business days of receiving the returned product, less any shipping or restocking fees.

5.4 If a product arrives damaged or defective, please contact us at contact@acclaimedfigures.com to arrange for a replacement.

6. Intellectual Property

6.1 Ownership and Copyright: All content on the Website, including text, logos, designs, images, and reproductions such as historical busts, is either owned by Acclaimed Figures, licensed to us, or created as original works protected by the U.S. Copyright Act (17 U.S.C. § 101 et seq.). Our busts and other products are created with due diligence using verified public domain photos in accordance with 17 U.S.C. § 302. To comply with state publicity laws (e.g., Cal. Civ. Code § 3344.1), we avoid using likenesses of individuals deceased less than 70 years unless a partnership agreement is secured with the relevant rights holders. Some images on the Website may be in the public domain or used under license agreements requiring attribution, as indicated. Acclaimed Figures holds exclusive rights to our designs, including through contracts with authorized designers and manufacturers, and any unauthorized sale, reproduction, or distribution of our exact designs, whether as physical products or digital files (e.g., 3D STL files), constitutes a breach of these Terms and violates U.S. law, including the Digital Millennium Copyright Act (17 U.S.C. § 512). If you encounter our exact designs being sold or distributed online or elsewhere without authorization, please report it immediately to copyright@acclaimedfigures.com. Acclaimed Figures reserves the right to pursue legal action against any party engaging in such unauthorized activities.

6.2 Prohibited Use: You may not reproduce, distribute, modify, or use any content from the Website, including public domain or attributed images, without our prior written consent or in violation of applicable license terms (e.g., attribution requirements). Unauthorized use may result in legal action by Acclaimed Figures or third-party rights holders.

6.3 DMCA Compliance: Acclaimed Figures complies with U.S. copyright and publicity laws. If you believe your copyright or publicity rights have been infringed by content on our Website, please send a DMCA notice to copyright@acclaimedfigures.com with details, including the infringing URL and evidence of your rights. We will address such notices promptly in accordance with 17 U.S.C. § 512.

6.4 Indemnification: Acclaimed Figures is not liable for any copyright infringement or other intellectual property violations committed by you or any third party who accesses or uses Website content in violation of these Terms or applicable license terms. You agree to indemnify and hold harmless Acclaimed Figures, its affiliates, employees, owners, directors, officers, contractors, manufacturers, suppliers, and the company that owns the Acclaimed Figures brand from any claims, damages, losses, or costs (including reasonable attorneys’ fees) arising from your unauthorized use of Website content or products.

7. User Conduct

7.1 You agree not to use the Website for any unlawful or prohibited purpose, including but not limited to:

• Attempting to gain unauthorized access to our systems.
• Uploading malicious content or viruses.
• Violating the rights of others.

7.2 We reserve the right to terminate your access to the Website if you violate these Terms.

8. Customer Suggestions and Unsolicited Submissions

8.1 Customer Suggestions for Historical Figures: We welcome and encourage customers to share ideas for historical figures they would like to see featured as busts by emailing us at contact@acclaimedfigures.com. However, submitting a suggestion does not guarantee that we will create a product based on your idea, nor does it entitle you to any compensation or rights. Acclaimed Figures maintains an ongoing, internal list of historical figures under consideration for future products, and any similarity between your suggestion and our products is purely coincidental. We develop our products independently or through authorized designers and do not rely on unsolicited suggestions for our creative process.

8.2 No Acceptance of Unsolicited Creative Materials: Acclaimed Figures does not accept or consider unsolicited creative materials, including but not limited to 3D STL files, 3D bust designs, sketches, or other design-related submissions ("Unsolicited Submissions"). If you send Unsolicited Submissions to Acclaimed Figures, you acknowledge that we will not review, use, or store them, and you agree to waive all copyright claims and other intellectual property rights in such submissions. To the fullest extent permitted by law, you transfer all rights, including copyright, trademark, and other intellectual property rights, in Unsolicited Submissions to Acclaimed Figures without compensation. Acclaimed Figures, its affiliates, employees, owners, directors, officers, contractors, manufacturers, suppliers, and the company that owns the Acclaimed Figures brand are not liable for any claims, including but not limited to allegations of copyright infringement, arising from such submissions. We reserve the right to delete or dispose of Unsolicited Submissions without notice or obligation to you.

8.3 Independent Creation: Acclaimed Figures creates its products, including historical busts, independently or through authorized designers. We maintain records of our design process to demonstrate originality. Any similarity between an Unsolicited Submission or customer suggestion and our products does not imply that we used your submission or suggestion.

8.4 Authorized Submissions: If Acclaimed Figures solicits designs or ideas (e.g., through a contest, commission, or specific request), submissions must comply with our explicit guidelines and any applicable agreements, which will govern ownership, usage rights, and any compensation.

9. Privacy

9.1 Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

9.2 By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.

10. Waiver of Class Action and Limitation of Liability for Related Parties

10.1 Class Action Waiver: By using this Website or purchasing products from Acclaimed Figures, you agree, to the fullest extent permitted by law, to waive any right to participate in a class action, class arbitration, or other collective action lawsuit against Acclaimed Figures, its affiliates, or any related entities. Any disputes arising from these Terms, your use of the Website, or your purchase of products shall be resolved on an individual basis only, and you agree not to join your claim with those of any other person or entity in any proceeding.

10.2 Limitation of Liability for Employees, Directors, Owners, Contractors, and Manufacturers: To the fullest extent permitted by law, you agree that neither Acclaimed Figures nor its employees, directors, officers, owners, contractors, manufacturers, suppliers, or affiliates shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Website, purchase of products, or any other interaction with Acclaimed Figures. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if such parties have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Website or products is to discontinue use of the Website and/or return the products in accordance with our Return Policy.

11. General Limitation of Liability

11.1 To the fullest extent permitted by law, Acclaimed Figures is not liable for any indirect, incidental, special, or consequential damages arising from your use of the Website or purchase of products.

11.2 Our total liability for any claim related to the Website or products shall not exceed the amount you paid for the product giving rise to the claim.

11.3 We are not responsible for any loss or damage caused by factors beyond our control, including but not limited to natural disasters, strikes, or technical failures.

12. Warranties

12.1 Products are sold "as is" unless otherwise stated. We do not provide warranties beyond those required by applicable law.

13. Governing Law and Jurisdiction

13.1 These Terms are governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles.

13.2 Any disputes arising from these Terms or your use of the Website shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the jurisdiction and venue of such courts.

14. Contact Information

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

Email: contact@acclaimedfigures.com

15. Entire Agreement

15.1 These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Acclaimed Figures regarding your use of the Website and purchase of products.

15.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.