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Terms and Conditions for Spoonflower PRO

These terms and conditions (“Terms”) are between you and Spoonflower Inc. ("Spoonflower" or "Us") and govern our respective rights and obligations with regards to your membership in the Spoonflower PRO program (“PRO” or “Spoonflower PRO”). Please note that your use of the Spoonflower.com website and PRO membership are also governed by the agreements listed and linked to below. If you sign up for a PRO membership, you thereby also accept these terms, conditions, limitations and requirements.

Membership and Cancellation

The initial term for your PRO membership will be one year from the Effective Date of your membership. The Effective Date will be the date you sign-up during registration. You may cancel your PRO membership any time by visiting the Account Settings and updating your membership settings. If you cancel your PRO membership within 3 business days of your Effective Date, we will refund your membership fee. Spoonflower may withhold from your refund the value of any benefits your received from your PRO membership prior to cancellation, including without limitation any shipping discounts you received. If you cancel your PRO membership more than three business days after the Effective Date, Spoonflower is not obligated to refund any of your membership fee.

Shipping Benefits and Eligible Purchases

By purchasing a Spoonflower PRO membership, you will receive certain PRO membership benefits, as described in these Terms or otherwise communicated to you by Spoonflower, beginning on the Effective Date of your membership and continuing on until your membership is cancelled. You will receive free “Standard Shipping” and half-priced express service shipping (“Guaranteed Delivery” or “Rush” delivery options) on your orders. The different delivery options and associated delivery timelines will be as specified on the Spoonflower.com website. Your PRO membership will also entitle you to receive a five business day turnaround time (that is the time from the placement of the order until it is ready to ship) on standard orders. Orders containing 20 yards or more of fabric, or 180 feet of wallpaper, will be subject to an additional two (2) business day turnaround allowance for shipment. Shipping benefits and turnaround times, in some rare cases, may depend upon inventory availability, order deadlines, shipping carrier delays, the shipping address information that you provided for your order and other force majeure events, all of which are beyond Spoonflower’s control. Changing or combining orders, or changing your shipping address, shipping speed, or preferences might also affect our ability to meet the shipping timelines provided by your PRO membership. Spoonflower will not be liable, including without limitation for any refund of your membership fee, for shipping delays or delays in the turnaround time that are outside of its control. Some special product, order, handling fees, and/or taxes may still apply to purchases that are otherwise eligible for PRO membership benefits.

Please note that certain purchases may only be entitled to Standard Shipping because of their size, weight, or other shipping characteristics. We may exclude orders with special shipping characteristics from the benefits of PRO membership at our reasonable discretion. Spoonflower will make reasonable efforts to communicate with you in a timely manner if your order is not eligible for certain PRO membership benefits.

Other Limitations

Fees and Renewal

The membership fee for PRO is stated in our Help pages. From time to time, Spoonflower may offer different membership terms or programs, and the fees for such memberships or programs may vary. The PRO membership fee is non-refundable except as expressly set forth in these Terms. All customs fees and state or local taxes are the responsibility of the purchaser.

Spoonflower only accepts credit cards, or eligible debit cards, PayPal, and Spoondollars as methods of payment for your PRO membership. All credit card payments are processed using PayPal.

Unless you cancel your PRO membership or update your Account to indicate your desire not to renew, all PRO memberships will auto-renew on your the anniversary date of your Effective Date. You agree to pay the amounts due for the renewal of your membership. From time to time, Spoonflower may offer different membership terms, discounts or programs. If you purchased a Spoonflower PRO membership at a discounted rate, your account will auto-renew at the current price of the annual membership, and not at the discounted price that was initially offered. If all credit cards we have on file for you are declined for payment of your membership fee, you must provide us a new credit card promptly or your membership will be canceled, and you will stop receiving all PRO membership benefits for orders placed on your Spoonflower account (ex. you will no longer receive free shipping and other benefits for future orders placed after your PRO membership expiration date).

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR PRO MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.

Promotional Memberships

Spoonflower may sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Promotional rates are a one time offer for membership, and accounts will renew at the current full priced rate of PRO at the time of renewal.

Acceptance of Terms; Modification to Terms

By subscribing to and using the Spoonflower PRO membership benefits, you are indicating your agreement to be bound by these Terms and all revisions thereof. If you do not agree to these Terms, do not accept them and cancel your PRO Membership.

We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Spoonflower’s good faith reasonable judgment, Spoonflower will notify you via email or by posting a notice on the Site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the Site and membership in PRO. If you do not agree to any amendment of these Terms, you must immediately stop using the Site and contact help@spoonflower.com. Your continued use of the Site and Spoonflower PRO membership benefits after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us prohelp@spoonflower.com. If any part of these Terms, or any change to these terms is found to be invalid, void, or for any reason unenforceable, that change portion of the Terms is severable and will not affect the validity and/or enforceability of any remaining terms or conditions.

Termination by Us

We may terminate your PRO membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to your conduct that we determine, at our discretion, violates these Terms, the Spoonflower site Terms of Service Agreement, the Spoonflower Seller Agreement, or any applicable law, involves fraud or misuse of the PRO membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms or any of the other agreements between you and Spoonflower will not constitute a waiver of any of our rights.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN SPOONFLOWER SITE TERMS OF SERVICE AGREEMENT, THE SPOONFLOWER SELLER’S AGREEMENT OR ANY OTHER AGREEMENT BETWEEN YOU AND SPOONFLOWER, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SPOONFLOWER PRO ACCOUNT OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PRO MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.