Terms of Service – The Tender Cast

1. Acceptance of Terms

By creating an account, placing an order, or accessing or using our website and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms") and all policies referenced herein, including our Privacy Policy. If you do not agree, you are prohibited from using the Services.

2. Eligibility & Use of Site

You must have reached the legal age of majority in your place of residence to create an account or place orders (typically 18 years old; 19 in Alabama and Nebraska; 21 in Mississippi). If you are under the age of majority, you may only use the Services with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

3. Your Content for Custom Products

Important Notice Regarding Your Uploads

You are solely responsible for the content (e.g., images, text, logos) you submit for product customization ("Your Custom Content").

By submitting Your Custom Content, you represent and warrant that:

You own or have all necessary rights (including copyrights, trademarks, and rights of publicity) to grant us the license below and to have the content applied to products.
Your Custom Content does not and will not infringe upon the intellectual property or other rights of any third party.
Your Custom Content complies with our Prohibited Conduct policy and all applicable laws.

You grant The TenderCast a non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for formatting purposes), and create derivative works from Your Custom Content solely for the purpose of producing and fulfilling your order.

We reserve the right, in our sole discretion, to refuse to produce any order that we suspect may violate the rights of a third party or our Prohibited Conduct policy.

4. Public User-Generated Content (UGC)

This section applies to content you submit to public areas of the Services, such as product reviews, comments, or gallery submissions ("UGC"). It does not apply to "Your Custom Content" submitted for products.

You grant The TenderCast a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully-paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display your UGC in any and all media for any purpose, including to operate, improve, and promote our Services.

This license survives any termination of your account or the Services. You represent and warrant that you have the rights to grant this license for any UGC you submit.

5. Ordering Process & Custom Products

Every piece is made from one photograph for one family, so nothing here is stock. You confirm the layout before any of it is made, and you confirm a photograph of the finished piece before it ships. Once you have confirmed the layout, the order cannot be cancelled or changed, because the piece is being made for nobody else. We may refuse or cancel an order at our discretion, including for suspected fraud or pricing errors.

6. Pricing, Payment, and Taxes

All prices are in USD. Payment is required in full before production. You are responsible for all applicable taxes (sales, use, etc.) and any import duties or customs fees. The living archive that comes with a piece is free for its first year and renews at the yearly price shown to you at checkout before you pay; how to stop that renewal, and what stopping it does, is set out under the archive section below.

7. Shipping, Delivery, and Risk of Loss

Your arrival date is quoted to you at checkout. Beyond that, shipping times are estimates and we are not liable for delays outside our reasonable control (e.g., carrier issues, customs). Risk of loss and title pass to you when the piece reaches you; if it arrives damaged, section 8 applies.

8. Returns, Refunds, and Damage

A bespoke piece is not a returnable item: it carries your names and your print, so there is nothing to send back to us. That is why your protections sit before it leaves rather than after it arrives. You approve the layout, then you approve a photograph of the finished piece, and it does not ship until you have.

If a piece reaches you damaged, tell us within 30 days of delivery with a photograph of what arrived. Damage in transit is ours to carry: we remake the piece and send it again at our cost.

9. Intellectual Property

Excluding Your Custom Content and UGC, all content on the Services, including text, graphics, logos, and software ("The TenderCast Content"), is the property of The TenderCast or its licensors and is protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive license to access and use the Services and The TenderCast Content for personal, non-commercial purposes only.

10. Prohibited Conduct

You agree not to:

Violate any law or regulation.
Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
Submit any content that is unlawful, defamatory, obscene, harassing, or otherwise objectionable.
Use the Services for any fraudulent purpose.
Transmit any harmful or malicious code (viruses, worms, etc.).
Interfere with the security or operation of our Services.

11. DMCA Copyright Infringement Notice

We respect intellectual property rights. If you believe material on our Services infringes your copyright, please send a DMCA notice to our designated agent with all required information (per 17 U.S.C. § 512(c)(3)).

DMCA Email: dmca@thetendercast.com

12. Termination

We may, in our sole discretion, suspend or terminate your account and access to the Services at any time, with or without cause or notice, for any reason, including for a breach of these Terms. Provisions that by their nature should survive termination (including, but not limited to, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability) shall survive.

13. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, The TenderCast DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

14. Our Written Guarantee

A piece is approved by you twice before it ships, which is the quality gate we rely on. In writing, we additionally guarantee the color of the finished piece against fading for fifty years. It covers color. It does not cover a drop onto stone, and a piece that is dropped can chip.

This is our own written guarantee, not a certificate from a laboratory. Where your local law implies warranties we cannot exclude, this guarantee sits on top of them rather than replacing them.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL The TenderCast OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

This section does not apply to liability that cannot be excluded or limited under applicable law (e.g., for gross negligence, fraud, or personal injury in some jurisdictions).

16. Indemnification

You agree to defend, indemnify, and hold harmless The TenderCast and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your UGC or Your Custom Content, especially any claim that Your Custom Content infringes on a third party’s intellectual property rights; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

17. Governing Law & Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Subject to the arbitration clause below, the exclusive jurisdiction for any non-arbitrable claim will be the state and federal courts located in Los Angeles County, California.

18. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

You and The TenderCast agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Disputes") will be resolved by binding arbitration, except that each party retains the right to bring an individual action in small claims court.

Waiver of Jury Trial and Class Actions

YOU AND The TenderCast AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. All Disputes must be resolved on an individual basis.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in the county where you reside or at another mutually agreed location.

30-Day Opt-Out Right

You can opt out of this arbitration agreement by sending a written notice to legal@thetendercast.com within 30 days of first accepting these Terms. Your notice must clearly state your intent to opt out.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the "Last Updated" date and/or by other means (e.g., email). Your continued use of the Services after any modification constitutes your acceptance of the new Terms.

20. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and The TenderCast.
Severability: If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any right is not a waiver of that right.
Assignment: You may not assign these Terms without our consent. We may assign these Terms at any time.
Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
Contact: For questions about these Terms, please contact us at legal@thetendercast.com

4. "Digital Vault" and Biometric Data Management

The capture service turns a photograph of a hand, foot or paw into the print used on your piece. The original photograph is deleted as soon as the capture finishes; what remains is the print, held in your Library so you can order again without photographing twice. You acknowledge that a print is biometric information, and you consent to our keeping it until you delete it.

What stopping a renewal does and does not do: the archive that comes with your piece is free for its first year and renews yearly after that. If you cancel or stop paying, nothing already stored is deleted and it stays yours to download; what stops is new material going into the following year. We do not describe this as a lifetime promise.

As the owner of your asset:

Right to Delete: You can sign in and delete your prints. The files are removed from our storage, and deleting them is final.
Transfer of Ownership Risks: The system may allow you to transfer vault ownership to another email address (e.g., to an adult child). Once ownership is accepted by the receiving party, you unequivocally forfeit all administrative, viewing, or editing rights to the respective vault. The TenderCast will not mediate intra-family disputes over vault ownership.
Content Liability (DMCA): You keep the copyright in photographs or messages you add to an archive and you are responsible for them. Illegal material, including material infringing copyright held by someone else, ends access to that archive without refund and may be reported where the law requires it.
Account Dormancy: If an account goes three consecutive years without a login or an order, we write to you first and then delete the prints and files held in it 30 days later. We do not keep personal material sitting unused on file.