Terms of Service
Effective Date: February 28, 2021 @ 10:21 PM EST
This Website (copyright © 2017-2021) is owned and operated by Jorstad Designs, LLC (hereinafter “JD”). These Terms of Service (hereinafter the “Terms”) set forth the terms and conditions under which you (hereinafter the "User") may use the Website, Products, and Services as offered by JD, and constitutes a legal contract between the User and JD. The Website offers Users various Products and Services, as defined below and further described within these Terms. By accessing, purchasing, or using the Website and Associated Content, Users affirm that Users have read, understood, and agree to be bound by these Terms as set forth herein without alteration.
1.1 “Associated Content” means any Intellectual Property or non-JD owned assets provided by or made available through the Website, Products, or Services.
1.2 “Bricklink” means The Bricklink Corporation, a subsidiary of The LEGO Group accessible online at bricklink.com, a marketplace of stores worldwide which sell individual LEGO® bricks and which is endorsed by JD as a method of sourcing bricks for Designs.
1.3 “Commission” means JD Services to create Instructions or Designs to order for a User based on User-provided specifications.
1.4 “Design” means the model shown in the individual Product listing, created and owned by JD, and constructed from 100% authentic LEGO® bricks.
1.5 “Instructions” means digital PDF manuals, physical print manuals, XML Parts Lists, User Guide, and LDD or Stud.Io files specifically purposed for enabling the User to recreate a Design.
1.6 “Intellectual Property” means creations or work product owned by JD, including but not limited to Products, Designs, Instructions, logos, trademarks and service marks, images, audio, videos, music, and Website design.
1.7 “LEGO®” means a specific brand of plastic building brick manufactured by The LEGO Group of Companies. All references to LEGO® within these Terms and on the Website are made solely to identify the brand of plastic building brick used and endorsed by JD, and should not be construed by Users as an endorsement of JD Products by The LEGO Group. LEGO®, LEGO Star Wars®, the LEGO® logo, the Minifigure, and Bricklink are trademarks of The LEGO Group of Companies which does not sponsor, authorize, or endorse JD, the Website, or Associated Content in any manner.
1.8 “Products” means any article or good, tangible or intangible, that is manufactured, refined, or provided by JD, including but not limited to Instructions, kits containing physical LEGO® bricks, and physical shipments and their contents.
1.9 “Services” means any assistive activity provided by JD to Users, whether directly regarding or tangential to Products, including but not limited to customer service (including but not limited to email, live chat, and phone support), Commissions for custom-designed Designs and custom-designed Instructions, User-created Website accounts, and User referrals to outside third parties.
1.10 “User Guide” means a step-by-step PDF manual walking Users through the process of uploading XML Parts Lists to Bricklink, ordering bricks through Bricklink, methods to save money while ordering bricks, and other helpful tips to aid the User in constructing Designs. The User Guide is tailored for Windows Operating System users.
1.11 “XML Parts List” means an Extensible Markup Language file containing a complete list of the required bricks (including corresponding colors and quantities) required for the completion of a Design, and which must be uploaded to Bricklink for viewing.
2.0 INTEGRATION & AMENDMENT
2.1 These Terms constitute the entire agreement between JD and the User with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral.
2.3 The date and time of the most recent material amendment of these Terms posted to the Website shall be displayed at the top of the Terms page of the Website (the “Effective Date”), and records of previous amendments shall be made available by JD to Users upon request. The Terms shall always be construed to mean the version of the Terms with the most recent Effective Date.
2.4 Purchases of Products or use of Services involving a payment made from User to JD shall be governed by the version of these Terms with an Effective Date most immediately prior to the User’s payment. All remaining uses of the Website, including but not limited to Services, free Product downloads, Website browsing, and User account creation and use shall be governed by the Terms posted on the Website. Continued use of the Website or Services after any such amendment constitutes User acceptance of the new Terms. If Users do not agree to any of the Terms as set forth herein or in any future amendment to the Terms, Users shall immediately cease using and accessing the Website and Associated Services.
3.0 CONTACT: Jorstad Designs, LLC is a publicly registered Limited Liability Company within the State of Ohio with contact information as follows:
Mailing: 11457 Mayfield Rd., Unit #660
Cleveland, OH 44106
Phone: +1 (440) 624-6674
4.0 THE USER
4.1 In order to use the Website and Associated Content, Users must be:
4.1.1 At least 18 years of age or of the legal age of majority in the User’s jurisdiction, and possess the legal authority, right, and autonomy to enter into these Terms as a binding contract; or
4.1.2 Using the Website and/or Services under the supervision of and with permission from a parental figure who meets the qualifications of section 4.1.1 above and who personally assumes all liability for the User’s conformance with these Terms.
4.2 Users are not allowed to use this Website and Associated Content if doing so is prohibited in the User’s country or under any applicable laws or regulations.
5.1 Unless explicitly stated otherwise in the Product listing description, Products with titles beginning with “Instructions” are for digitally-delivered Instructions only, and do not include any LEGO® bricks.
5.2 Users should always review Product specifications to ensure any necessary software applications will run on the User’s operating system before placing orders. Always check how software updates will impact ability to utilize prior purchases. Phones, some tablets, and other devices with non-desktop/laptop operating systems may be unable to utilize digital building programs and XML Parts Lists.
5.3 Some Instructions may include files formatted for use with digital building programs such as LEGO® Digital Designer (LDD) or Stud.Io. Digital building programs can be difficult to understand for first-time Users. Where Instructions are dependent on digital building program files, Users should familiarize themselves with the programs prior to making purchases. Both programs are available as free downloads from the following links:
5.3.1 LDD: https://www.lego.com/en-us/ldd
5.3.2 Stud.Io: https://www.bricklink.com/v3/studio/download.page
5.4 All Instructions include an XML Parts List and a User Guide explaining how to use the XML Parts List to order parts for the Design. Although various methods are available for sourcing LEGO® bricks, JD endorses Bricklink as an ideal sourcing method. Please read the User Guide before contacting customer service for technical support.
5.5 Although JD attempts to ensure during Product design that all required LEGO® bricks are common and easy to obtain at a reasonable price, unfortunately some bricks may go out of production or become hard to find. If Users notice problems related to brick prices or availability, please contact JD as soon as possible and JD will work with Users to suggest alternatives and, at JD’s discretion, issue Product updates or refunds. See Section 9 below of these Terms for procedures for requesting a price quote on a Product.
5.6 Please back up digital purchases to prevent loss. Upon User request demonstrating proof of purchase, JD shall replace lost or deleted digital files within six months of the relevant order date.
5.7 Our Users Guide and customer support are tailored to Windows Operating Systems users. Although our digital files are all usable by Apple users, we are unable to offer detailed step-by-step support instructions as our service representatives are not familiar with Apple Operating Systems.
6.1 JD may occasionally issue Product updates for various reasons, including but not limited to correcting for parts inaccuracies, changes in parts availability, to release new Instructions, or to alter Design aesthetics. Users who have subscribed to the Website mailing list will receive email notifications of planned or released Product updates.
6.2 Minor Product updates, including corrections to XML Parts List errors, parts lists corrections based on parts availability, and PDF manual corrections, will generally be provided to Users at no additional cost. Material Product changes, including complete Product re-designs or release of a PDF manual where previously no manual existed, will generally be treated as a new Product requiring a separate User order. JD reserves the right to release Product updates for free or for additional fees at JD’s discretion. JD shall treat every User identically in the case of Product updates.
6.3 There may occasionally be discrepancies between Product pictures on the Website and the Instructions or parts included in the Product. Image discrepancies do not impact Product quality or performance.
6.4 Users may request Product updates via email to email@example.com with the subject line "Product Update Request". In the body of the email, include ONLY the User's name, date of the original order, the five-digit JD order confirmation number or the PayPal transaction ID number, and the name of the Product for which the User is requesting an update.
7.0 COMMISSIONS & CUSTOM ORDERS
7.1 JD accepts Commission Design work. If Users already possess digital LDD or Stud.Io files for a model, JD is able to create Instructions for the model. Alternatively, JD may create Designs to order from scratch. Users interested in Commissions should contact JD via the Website live chat feature, and include the following in the message:
7.1.1 Whether the User requires an Instructions Commission or a Design Commission;
7.1.2 For Design Commissions, a detailed description of the Design envisioned;
7.1.3 For Design Commissions, the desired price range for the Design, if applicable;
7.1.4 For Design Commissions, the desired final dimensions of the Design;
7.1.5 For Design Commissions, pictures showing various angles of the subject, if available;
7.1.6 For Instructions Commissions, the LDD or Stud.Io file of the model for which the User requires Instructions; and
7.1.7 Any additional special instructions or Commission parameters important to the User.
7.2 JD shall have sole discretion in accepting or rejecting Commission requests, and in setting Commission fees.
7.3 Where a Design Commission is based on a preexisting model by another individual or company, the User must provide proof of permission from the model’s owner for JD to create a Design for profit based on the preexisting model before the Commission may proceed.
7.4 Commissions do not constitute a transfer of rights. Please see Section 16 below to review how Intellectual Property rights are allocated under a Commission.
8.1 Product listings do not provide cost estimates for the required parts for several reasons: parts cost and availability change daily, vary depending on the User’s geographical region, and vary by Design. JD is committed to providing only the most accurate information to Users, but unfortunately is unable to update Product cost estimates with the frequency required for consistent accuracy to justify posting cost estimates on Product pages.
8.2 JD understands that many Users operate within set budgets and desire a cost estimate prior to purchasing Products. JD is always happy to provide a quote estimate for specific Products, upon User request.
9.0 ACCESSORIES: Some of our Product pages may include images or video featuring minifigures, accessories, or display plaque stickers to illustrate the relative size of the Design or to demonstrate special Product features. Unless specified otherwise, no Products include minifigures, accessories, or display plaque stickers.
10.1 There are many non-LEGO® brand bricks in circulation, and it can be difficult to tell the difference between an authentic LEGO® brick and an off-brand brick. JD guarantees that every brick provided with orders are official LEGO® bricks. JD does not support, endorse, or sponsor any non-LEGO® brand of building bricks.
10.2 JD Products including LEGO® bricks are composed of a mix of new and used bricks, and occasionally parts showing signs of discoloration, structural flaws, or excessive wear may slip through quality checking. Users may contact JD to specifically request a kit of entirely new bricks, but this will typically increase the sale price.
11.0 ORDERS & SHIPPING
11.1 Stocked kits will ship within two business days following payment. Any Product listed as "Available by Preorder Only" in the Product listing description is not stocked. Parts for preorder Products are ordered following completion of the User’s payment. Shipping dates for preorder kits are not guaranteed. The turnaround time between the User’s order date and order shipment is typically four weeks, but shipping timeframes vary depending on how quickly and completely parts orders reach JD fulfillment centers.
11.2 Users will be notified via email when tracking numbers are added to their order. Please allow 24-48 hours for tracking information to become active.
11.3 Instructions purchases are delivered digitally following payment to the email address associated with the User’s PayPal account. Download links are valid for 30 days following purchase. Upon request, JD shall reissue download links up to six months following the order purchase date.
11.4 Physical shipments and digital download links will only be sent to the address associated with the User’s PayPal account. Always ensure up-to-date PayPal shipping and email addresses before placing an order.
11.5 JD shall have the right to cancel orders from any User, and to restrict orders to certain Products/quantities (Users will be specifically notified). Due to economic nexus laws, JD does not currently ship to the State of Kansas.
11.6 When purchasing a Product, Users agree that:
11.6.1 Users are responsible for reading the full Product listing description before making a payment; and
11.6.2 Payments constitute a legally binding contract to purchase a Product.
12.0 RETURNS & REFUNDS
12.1 JD shall have the right to offer accommodations to Users at JD’s sole discretion.
12.2 JD shall replace any missing or erroneous parts sent to Users in connection with Products involving LEGO® bricks as soon as possible at no additional cost.
12.3 Refunds shall not be issued in the following circumstances:
12.3.1 User’s remorse following the purchase of Products including digitally delivered Instructions;
12.3.2 User inability to use purchases due to incompatible operating systems, or subsequent software or hardware updates;
12.3.3 User difficulties related to downloading or using LDD or Stud.Io (excluding difficulties specifically related to JD Instruction file errors);
12.3.4 Discrepancies between Product pictures on the Website and the Instructions or parts included in the Product;
12.3.5 The inclusion of bricks in Products showing signs of discoloration, structural flaws, or excessive wear; or
12.3.6 Missing or erroneous bricks associated with Product purchases including physical LEGO® bricks.
13.1 What information JD collects:
13.1.1 JD receives, collects, and stores any information Users enter on the Website or provide in any other way. JD may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. JD also collects personally identifiable information (including name, email, and communications); payment details (including PayPal account numbers and associated physical and email address information), comments, feedback, product reviews, and recommendations.
13.2 How JD collects information:
13.2.1 When a User subscribes to the Website mailing list, JD collects and stores the information provided by the User, which may include name, email address, phone number, and physical address or nation/State of residence.
13.2.2 When a User uses the Website live chat feature, JD collects and stores the message sent by the User, as well as any name and email address information provided by the User.
13.2.3 When a User contacts JD directly via email, JD collects and stores the message sent by the User, as well as any User account information such as name and email address.
13.2.4 When a User completes a transaction on the Website, JD collects and stores information associated with the order (order number, Products or Services included in the order, the transaction date and time, and payment amount) as well as information related to the User (name, physical and email address associated with the User’s PayPal account, and transaction total).
13.2.5 When a User creates a member account on the Website, Wix collects and stores the information provided by the User, including username, password, name, email address, phone number, physical mailing address, profile photo, and account background photo. JD has access to all of the above mentioned information associated with member accounts with the exception of member usernames and passwords, which are securely stored on Wix’s servers and to which JD has no access.
13.3 Why JD collects information:
13.3.1 To provide and operate the Website and Associated Content;
13.3.2 To provide Users with ongoing customer assistance and technical support;
13.3.3 To contact Users with general or personalized Service-related notices and promotional messages;
13.3.4 To create aggregated statistical data and other aggregated and/or inferred non-personal information, which JD or Wix may use to provide and improve respective Services; and
13.3.5 To comply with any applicable laws and regulations.
13.4 How JD stores, uses, shares, and discloses User’s personal information:
13.4.1 The Website is hosted on the Wix.com platform. Wix.com provides JD with the online platform that allows JD to provide Products and Services to Users through the Website. User data may be stored through Wix.com’s data storage, databases, and the general Wix.com applications. Wix.com stores User data on secure servers behind a firewall.
13.4.2 All direct payment gateways offered by Wix.com and used by JD adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council. Currently the only payment method accepted by JD is PayPal, a PCI-compliant payment system.
13.5 How JD communicates with Users:
13.5.1 JD may contact Users to notify Users regarding member accounts, to troubleshoot problems with User accounts, to resolve a dispute, to collect fees or monies owed, to poll User opinions through surveys or questionnaires, to send updates about JD, or as otherwise necessary to contact Users to enforce these Terms, applicable national laws, and any other agreements JD may have with the User. For these purposes JD may contact Users via email, telephone, text messages, and postal mail.
13.6.1 For an understanding of how Wix.com utilizes cookies to track User settings and actions on the Website, please visit https://support.wix.com/en/article/cookies-and-your-wix-site.
13.7 Revoking consent to collect User information and removal of User information:
13.7.1 Promotional and other email materials are only sent to Users who have subscribed to the Website mailing list, which is separate from emails tracked through orders and outside contact via email or live chat. Users who wish to have their email removed from the subscribed mailing list, or who want JD to delete all stored User data, should contact JD using one of the methods listed above in Section 3 of these Terms and provide the details of their request.
13.7.2 All communications between Users and JD email, live chat, phone, or other Services are the property of JD, and excluding solely personally identifiable information (such as name, mailing and email address, phone number, etc.), Users shall have no property interest in information disclosed in the aforementioned Services communications.
14.0 SAFETY DISCLAIMER
14.1 Choking hazard – LEGO® bricks include small parts and pose a choking hazard for, and should not be used by, children under the age of 3 years, or older as determined by parental figures.
14.2 Millions of toys are sold each year in the US and abroad to amuse children of all ages. Unfortunately, toys are also associated with thousands of injuries annually, some of which result in death. Children ages 3 and under (also including free-roaming pets) are especially at risk for injury from toys. Injuries may range from falling, choking, strangulation, burning, drowning, and even poisoning. However, the leading cause of toy-related death is choking, usually on small parts. Injury often results when a toy is misused by children who are too young. An example is a toy with small parts, designed for older children, which can cause choking when those parts are ingested by a curious toddler.
14.3 Knowing what dangers may be associated with certain toys and age groups will help parental figures better protect children from toy-related injuries. When selecting toys for children, consider the following recommendations:
14.3.1 Choose toys that are age-appropriate and meet the child’s skill level and interest by reading the toy’s labeling;
14.3.2 Make sure toys are used in safe environments;
14.3.3 Supervise and be involved in the child's play, and be aware of necessary restrictions for the toys children have access to;
14.3.4 Store toys intended for older children or adults separately from toys used by younger children;
14.3.5 Check toys regularly for damage and other hazards; and
14.3.6 Use a small parts tester to determine which small toys or parts are a choking hazard to children. A small parts tester allows for small objects to be inserted – if the object fits, it is a choking hazard.
15.0 INTELLECTUAL PROPERTY
15.1 JD rights: Rights to all Intellectual Property featured on the Website are the exclusive property of JD, and are protected by United States and International Intellectual Property Copyright Law. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property rights, and the User agrees to not sell, resell, license, rent, modify, adapt, copy, reproduce, distribute, transmit, display, publish, create derivative works from, or use for otherwise public or commercial purposes any Intellectual Property without the explicit prior written consent of JD.
15.2 User rights: If Users believe their or someone else’s Intellectual Property has been infringed by content hosted on the Website, the User shall notify JD immediately via email to firstname.lastname@example.org. Notifications of alleged infringement should include the following:
15.2.1 Reasonably sufficient details about the nature of the allegedly infringing content to allow JD to identify and locate the content on the Website;
15.2.2 Contact information for the alleged rights holder, including name, date of release, and URL links demonstrating ownership; and
15.2.3 A statement that the User has a good faith belief that use of the content is not authorized by the content’s owner.
15.3 Commission rights:
15.3.1 A Commission is solely a retention of JD’s Services for the creation of a Design and/or Instruction files. Commissions shall not constitute a transfer of rights to Commission Designs or Instructions, and all rights associated with said Commissions shall remain with JD unless explicitly stated otherwise in writing by an authorized JD representative.
15.3.2 Design Commissions: Designs created to-order under Commission, and all associated Instructions and derivative content, are the exclusive Intellectual Property of JD.
15.3.3 Instruction Commissions: Although the User retains Intellectual Property rights in the preexisting model itself, Instructions created by JD for said model, and all associated derivative content, are the exclusive Intellectual Property of JD. User waives all right to control JD’s distribution and profit from the Instructions and derivative content, regardless of any rights the User may have in the model itself.
16.0 REPRESENTATIONS & WARRANTIES
16.1 The Website and Associated Content are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, JD disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. JD does not warrant that the Website, Associated Content, or the Wix.com server that makes them available will be uninterrupted or error-free, are free of viruses or other harmful components, or that defects will be corrected. JD does not warrant or make any representations regarding the use of the Website and Associated Content in terms of correctness, accuracy, timeliness, reliability, or otherwise.
16.2 LEGO®, LEGO Star Wars®, the LEGO® logo, and the Minifigure are trademarks of The LEGO Group of Companies which does not sponsor, authorize, or endorse JD, the Website, or Associated Content in any way. STAR WARS® and ROGUE ONE® are registered trademarks that do not sponsor, authorize, or endorse JD, the Website, or Associated Content in any way. All trademarks featured or referenced on the Website are the property of their respective owners.
17.0 LIMITATIONS OF LIABILITY & INDEMNIFICATION
17.1 By using the Website or Associated Content, User releases JD and its officers, employees, agents, affiliates, licensees, web hosting services, and third parties from liability for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or as a result of User’s accessing the Website or Associated Content, including but not limited to (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Website or Associated Content; and (iii) any unauthorized access to or use of JD or Wix.com secure servers and/or any and all personal information stored therein.
17.2 User’s sole remedy for any breach or default of these Terms by JD shall be a return of any fees paid to JD by User for any Products or Services provided under these Terms. User indemnifies and agrees to defend and hold harmless JD and its officers, employees, agents, affiliates, licensees, web hosting services, and third parties for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards, or settlements) relating to or arising out of User’s use of the Website and Associated Content, including any breach by User of these Terms.
17.3 By submitting or communicating materials consisting of LDD or Stud.Io files, or other concept design work (“User Submitted Materials”), for the purposes of soliciting or Commissioning Instructions or Designs from JD, User warrants good title and ownership of all pertinent intellectual property rights in the User Submitted Materials. User indemnifies and agrees to defend and hold harmless JD and its officers, employees, agents, affiliates, licensees, web hosting services, and third parties for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards, or settlements) relating to or arising out of infringement claims relating to or arising out of User Submitted Materials.
17.4 JD may provide Users with links or references to websites or services operated, provided, or maintained by third parties. JD neither operates nor controls, and is not responsible or liable for, the quality, accuracy, security, reliability, or any other aspect of these websites or services.
17.5 JD does not guarantee bricks or Product availability or cost. JD shall not by liable for particular bricks becoming expensive or difficult to obtain, and makes no warranty regarding a Product’s continued buildability or affordability.
17.6 JD offers no warranty on free Product downloads.
17.7 Excluding delivery of a damaged Product, JD is not liable for Product loss or damage following receipt by the User.
17.8 In the event of termination, User releases JD from any liability for discontinued support of the Website and Associated Content. User obligations under these Terms, including but not limited to restrictive covenants governing Intellectual Property use, shall survive termination and remain effective in full force indefinitely.
17.9 Quotes are not a guarantee of the final amount a User may end up paying to obtain bricks for a Design.
17.10 JD disclaims all responsibility and accepts no liability for the misuse of Products, the packaging materials Products are shipped within, or the consequences of any User acting, or failing to act, on the information contained within these Terms.
18.0 JURISDICTION: These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Ohio, United States of America, without respect to its conflict of laws principles. Users hereby consent that any and all such claims and disputes shall be brought in and decided exclusively by a United States District Court for the Northern District of Ohio or any Court of Common Pleas sitting within Cuyahoga County, Ohio. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded from these Terms.
19.0 SEVERABILITY: If any provision within these Terms shall be found by a court of competent jurisdiction or by binding arbitration to be invalid, the invalid Term shall be severed and the remaining provisions shall remain in full force and effect to the greatest extent permitted by law.
20.0 CHANGES & TERMINATION
20.1 The prices for Products are prominently displayed on each individual Product page. JD reserves the right to change Product prices at any time. The prices for Services, where applicable, will be provided directly to individual Users by JD.
20.2 Notwithstanding anything in these Terms to the contrary, JD may, without restriction and absent prior notice, alter availability or operating parameters, cease availability, or impose limitations on, the Website and Associated Content.
20.3 Users may discontinue use of the Website and Associated Content at any time.
20.4 Users agree that JD may terminate or suspend User access to all or part of the Website and Associated Content without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for revoking User access to the Website and Associated Content, and if necessary reporting the User to the proper authorities.