Terms of Service
1. The Service
Themed By You ("TBY," "we," "us," or "our") operates themedbyyou.com (the "Site"), a platform that lets users design and order custom-printed party and event merchandise. Designs are generated using AI-assisted image generation (based on your selected theme and any inspiration/description you provide) and rendered onto physical products, which are then manufactured, quality-checked, and shipped to you.
By using the Site, you agree to be bound by these Terms of Service ("Terms").
2. Design Approval Before Production
Before your order is submitted for production, you will review and approve the final design at checkout. Once approved, your design is locked and sent to production. Because you review and confirm your design before it is manufactured, refunds and returns are not available for dissatisfaction with a design you approved. See Section 6 (Refund Policy Summary) and the separate Refund Policy for what is and isn't covered.
3. User Content and Uploaded Materials
If you upload inspiration photos, descriptions, or other materials ("User Content") to help generate your design, you represent that you own the content or have the right to use it, and you grant TBY a license to use, reproduce, and incorporate that content into your design solely to generate your design and fulfill your order, including compositing an uploaded photo into the final printed product where applicable.
Minors: if you upload a photo or any other content depicting a minor (a child under 18), you represent and warrant that you are the parent or legal guardian of that minor, or that you have obtained verifiable consent from the minor's parent or legal guardian to use the image for the purpose of creating a TBY product.
4. Order Modifications
Because your order is custom-manufactured based on your approved design, changes are only possible before production begins. You may request changes to your order (design, photos, text, or product selection) within 24 hours of placing it. After that window, your order enters production and no further modifications can be made.
5. Custom Manufacturing
TBY produces items to order based on your approved design. We do not maintain finished-goods inventory for personalized items.
6. Refund Policy Summary
See the separate Refund Policy for full detail. In summary: refunds/replacements are available for manufacturing defects, damage in transit, or incorrect items shipped, not for dissatisfaction with a design that was reviewed and approved before production.
7. Shipping
Shipping estimates are estimates, not guarantees. TBY is not responsible for carrier delays outside our control.
8. Intellectual Property
The Site, its design, software, and TBY's own branding, artwork, and templates are the property of Themed By You LLC and protected by applicable intellectual property law. You're granted a limited, personal, non-commercial license to use the Site.
9. Disclaimer of Warranties; Limitation of Liability
9.1 Disclaimer. The Site and products are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Themed By You LLC disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2 Limitation of Liability. To the fullest extent permitted by law, Themed By You LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from your use of or inability to use the Site or products. Themed By You LLC's total liability for any claim arising from an order shall not exceed the amount you paid for that order.
10. Indemnification
You agree to indemnify, defend, and hold harmless Themed By You LLC, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or products; (b) your violation of these Terms; (c) your User Content, including any claim that it infringes, misappropriates, or violates a third party's rights; or (d) your violation of any rights of a third party in connection with your use of the Site.
11. Governing Law & Disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law provisions. No mandatory arbitration or class-action waiver clause is included at this stage; disputes would proceed through ordinary courts of competent jurisdiction in New York.
12. Contact Us
Themed By You LLC
Email: hello@themedbyyou.com
13. Audience Settings, Age Ranges and Generated Content
13.1 Audience settings. Some Design Your Own occasions offer an audience setting. "Kids" is the default. For Halloween, we also offer "13 and up," which allows spookier themes. Items made with the "13 and up" setting are not intended for children under 13.
13.2 What "13 and up" can include. Artwork made with the "13 and up" setting may include stylized horror imagery such as zombies, skeletons and monsters, including ones with missing limbs, cartoon blood splatter and drips, graveyards and hands rising from graves. We do not create realistic gore, sexual content, or violence directed at a person.
13.3 Your responsibilities. You must be at least 18 years old, or the age of majority where you live, to place an order. By choosing "13 and up," you confirm that you understand the content described above, that you are choosing it for an audience aged 13 or older, and that you are responsible for deciding whether it suits the guests and recipients of your event. We do not verify the age of anyone who will see or use the items.
13.4 AI-generated artwork. Artwork is generated by artificial intelligence from your description and selections. Results vary and may differ from what you expected. You will see your artwork before you pay and may request a new version. We may decline, change or remove any request or result that violates these Terms or our content standards, including requests that appear to copy an existing character, brand or person.
13.5 Your description; indemnity. You confirm that you have the right to submit your description and that it does not intentionally copy another person's characters, trademarks or likeness. You agree to indemnify, defend and hold harmless Themed By You LLC and its members, officers, employees and agents from any claim, loss, liability or expense (including reasonable attorneys' fees) arising out of your description, your use of the items, or your breach of these Terms, including any claim that artwork made from your description infringes another person's rights.
13.6 Photos of children. The "13 and up" setting cannot be combined with an uploaded photo of a child.
13.7 Made to order. Items are custom-made from artwork you review and approve before you pay. Because you select, edit and approve the artwork and content settings, we do not offer refunds or remakes for dissatisfaction with content you chose or approved. This does not limit your rights if an item arrives damaged or defective, or does not match the artwork you approved. See our refund policy.
13.8 Notice and takedown. If you believe artwork or an item infringes your copyright, trademark or other rights, send a written notice to our designated copyright agent, whose contact details are on our Copyright / DMCA page (/copyright). Your notice should include: (a) a description of the work and the item or order concerned; (b) your name and contact details; (c) a statement that you believe in good faith that the use is unauthorized; and (d) a statement, under penalty of perjury, that your notice is accurate and that you own the rights or are authorized to act for the owner. On receiving a valid notice we may remove or disable the artwork, pause or cancel any unprinted order, and notify the customer. We may end the accounts of repeat infringers.