TERMS OF SERVICE
Overview
Welcome to AS YET UNNAMED.! Where "we", "us" and "our" refer to AS YET UNNAMED. AS YET UNNAMED. operates this store and website and offers you a curated shopping experience (hereinafter "Service"), including all related information, content, features, tools, products and services. AS YET UNNAMED. is powered by Shopify and provides the Service to you.
The following Terms of Service and all policies referenced herein (hereinafter "Terms of Service" or "Terms") describe your rights and responsibilities when using the Service.
Please read these Terms of Service carefully as they contain important information about your legal rights and obligations, including disclaimers of warranties and limitations of liability.
By browsing and interacting with our Service, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, please do not use or access our Service.
- Article 1 - Access and Accounts
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use this Service through a device you own, purchase, or control.
In order to use our Service (including accessing or browsing the online store, or purchasing products and services offered by us), you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
- Article 2 - Our Products
We make every effort to accurately represent the products and services in our online store. However, please understand that due to the type and settings/configuration of your device, the colors and appearance of the products on screen may differ from the actual product.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or will be as displayed in the online store.
Product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may, at our sole discretion, limit the quantities of any products we offer to any person, geographic region, or jurisdiction.
- Article 3 - Orders
Placing an order signifies your offer to purchase. AS YET UNNAMED. reserves the right to accept or reject any order for any reason, at its discretion. An order is not formed until AS YET UNNAMED. confirms its acceptance. We must receive and process your payment before an order can be accepted. Please review your order carefully before confirming. Once an order is accepted, AS YET UNNAMED. may not be able to accommodate cancellation requests. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.
Returns or exchanges of your purchases are only permitted in accordance with our Refund Policy.
You represent and warrant that the products you purchase are for your personal or household use and not for commercial resale or export.
- Article 4 - Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price of a product or service will be the price applicable at the time of your order and will be stated in your order confirmation email. Unless otherwise specified, displayed prices do not include taxes, shipping costs, fees, duties, or import charges.
Prices displayed in our online store may differ from prices offered in physical stores, third-party online stores, or other outlets. We may offer promotions from time to time in connection with the Service, and these promotions may affect pricing and will be governed by terms separate from these Terms of Service. In case of any conflict between the terms of a promotion and these Terms of Service, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you supply is true, accurate, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you, including all applicable taxes, shipping, handling, and fees at the posted prices.
- Article 5 - Shipping and Delivery
We are not responsible for delays in shipping or delivery. Delivery times are estimates only and are not guaranteed. We are not liable for delays due to carrier delays, customs procedures, or other causes beyond our control. Title and risk of loss for products pass to you upon our delivery to the carrier.
- Article 6 - Intellectual Property Rights
Our Service (including, but not limited to, trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof) is owned by AS YET UNNAMED. and its affiliates or licensors and is protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms of Service permit you to use the Service only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on the Service without our prior written consent. Except as expressly stated in these Terms, nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property right of AS YET UNNAMED., Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by AS YET UNNAMED.
The AS YET UNNAMED. name, logo, product and service names, designs, and slogans are trademarks of AS YET UNNAMED. or its affiliates or licensors. You must not use such marks without the prior written permission of AS YET UNNAMED. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
- Article 7 - Optional Tools
You may be provided with access to third-party customer tools as part of the Service, which we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through our site is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through our Service (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
- Article 8 - Third-Party Links
The Service may contain materials or hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Service to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- Article 9 - Relationship with Shopify
AS YET UNNAMED. is powered by Shopify and provides the Service to you. However, all sales and purchases you make at our store are directly with AS YET UNNAMED. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of the sale or purchase between AS YET UNNAMED. and you, including any damages or injuries arising from the products or services purchased. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with AS YET UNNAMED.
- Article 10 - Privacy Policy
All personal information we collect through the Service is subject to our Privacy Policy. In addition, some personal information may be subject to Shopify's Privacy Policy (available here). By using the Service, you acknowledge that you have read these Privacy Policies.
Since the Service is hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Service to provide and improve the Service to you. Information you submit to the Service will be shared and transmitted with Shopify and third parties, which may be located outside of your country of residence, and used to provide the Service to you. For more information on how we, Shopify, and our partners use your personal information, please see our Privacy Policy.
- Article 11 - Feedback
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, plans, proposals, or other content (hereinafter collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display the Feedback for any purpose, including commercial use. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service and to perform our obligations and exercise our rights under these Terms.
You also represent and warrant that: (i) you own all rights to the Feedback or have all necessary rights; (ii) you have disclosed any compensation or incentives received in connection with the submission of the Feedback; and (iii) the Feedback complies with these Terms of Service. We are under no obligation: (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any third party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
- Article 12 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- Article 13 - Prohibited Uses
You shall access and use the Service for lawful purposes only. You shall not, directly or indirectly, access or use the Service for any purpose that is: (a) unlawful or malicious; (b) in violation of any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or other persons; (e) to transmit false or misleading information; (f) to submit, receive, upload, download, use, or re-use any material which does not comply with these Terms of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate AS YET UNNAMED., a company employee, another user, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm AS YET UNNAMED., Shopify, or users of the Service or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account without prior notice if we determine you have violated any of the prohibited uses in these Terms of Service.
- Article 14 - Termination
We may terminate this agreement or your access to the Service (or any part thereof) at any time, without notice, at our sole discretion, and you will remain liable for all amounts due up to the date of termination.
The following provisions will survive any termination of this agreement: Intellectual Property Rights, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
- Article 15 - Disclaimer of Warranties
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Except as expressly stated by AS YET UNNAMED., the Service and all products delivered to you through the Service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some or all of the above disclaimers may not apply to you.
- Article 16 - Limitation of Liability
To the maximum extent permitted by law, in no case shall AS YET UNNAMED. and our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
- Article 17 - Indemnification
You agree to indemnify, defend, and hold harmless AS YET UNNAMED., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim (including reasonable attorneys' fees) paid to third parties arising out of or related to:
(1) Your breach of these Terms of Service or the documents they incorporate by reference,
(2) Your violation of any law or the rights of a third-party,
(3) Your access to or use of the Service.
We will notify you of any indemnifiable claim. However, your indemnification obligations will not be excused due to any delay in notification, unless you are materially prejudiced thereby. We may manage the defense and settlement of any such claim at your expense, including the selection of counsel; however, we will not settle any non-monetary obligation on your behalf without your consent (which consent shall not be unreasonably withheld). You will cooperate with us in the defense of any indemnifiable claim, including providing relevant materials.
- Article 18 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Article 19 - Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- Article 20 - Assignment
You may not delegate, assign, or transfer any of your obligations or rights under this agreement or these Terms of Service without our prior written consent. Any such attempted delegation, assignment, or transfer shall be null and void. We may assign, transfer, or delegate these Terms of Service and our rights and obligations without your consent or notice.
- Article 21 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state (or territorial) courts in the jurisdiction where AS YET UNNAMED. has its headquarters. You and AS YET UNNAMED. consent to the venue and personal jurisdiction of such courts.
- Article 22 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- Article 23 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will be effective from the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.