Welcome to www.merch.com ("Site"), provided by Sacatelle Holdings LLC ("Sacatelle"). By using the Site, or accepting information and products through the Site, you agree to the following Terms of Use ("Terms"). If you disagree with these Terms, please do not access or use the Site or its products and services. If you have questions about these Terms or our policies, feel free to contact us.
MODIFICATIONS TO SITE
Sacatelle may amend the Terms occasionally. We will notify you of any changes by posting a notice on the Site. Your continued use of the Site after such notice signifies your agreement to the modified Terms. We encourage you to review the Terms regularly for updates. Sacatelle reserves the right to modify, suspend, or discontinue the Site (or any part thereof) at any time. We are not liable to you or any third party for any changes or interruptions to the Site. Additionally, Sacatelle does not guarantee the accuracy or currency of the Site's content. For current and accurate information, please contact [email protected].
TERMINATION of ACCESS
We may, at our sole discretion, suspend or terminate your access to the Site without notice for any reason, including breaches of these Terms or inappropriate conduct.
PERMITTED USE AND PROHIBITED USE
We grant you limited permission to access the Site for personal use only. You have no rights or licenses to any aspect of the Site, which are retained by us.
We reserve the right to block or refuse access to the Site at our discretion. We specifically prohibit using the Site for any purpose deemed improper, including but not limited to:
- Copying, distributing, or modifying any part of the Site without prior written authorization;
- Transmitting or attempting to transmit unauthorized advertisements or spam;
- Transmitting or attempting to transmit harmful content, such as viruses or spyware;
- Disrupting servers or networks connected to the Site;
- Violating these Terms in any way.
You may not upload, distribute, or publish any content that is obscene, threatening, harmful, invasive of privacy, abusive, or illegal. You must not negatively impact other users' ability to interact with the Site.
ERRORS AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site is inaccurate at any time without prior notice.
OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Site contains proprietary information, content and other materials owned or controlled by Sacatelle and protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents).
Any use or copying of such information, content and other materials other than for your own personal, non-commercial use, without written permission from Sacatelle, is strictly prohibited.
You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
We do not actively scan content for illegal or impermissible material, but we respect the intellectual property rights of others. If you believe that your copyright has been infringed, please contact us at [email protected] with the necessary information required by the Digital Millennium Copyright Act ("DMCA").
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE SITE AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE.
WE MAKE NO WARRANTY THAT THE SITE OR ANY INFORMATION OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to hold us and our subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any third party claim arising out of or related to your use of the Site or any information or content on the Site, or violation of these Terms.
INTERPRETATION
These Terms and the relationship between you and us shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New Castle, in the State of Delaware.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
THIRD-PARTY WEBSITES AND RESOURCES
The Site may provide links to third party websites or resources (“Third Party Resources”). Because we have no control over external sites and resources, including Third Party Resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such Third Party Resources. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interaction you may have with such Third Party Resources.
We may enable social media connectivity on the Site from time to time. This connectivity may link to our own social media accounts. The specific content we may post on our own social media accounts is subject to these Terms. However, those social media websites are also Third-Party Resources. If you choose to use social media connect functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.
The social media connect functions are intended to enable us to connect with social media websites so that you can send text, photographs, videos and other information about your activities to each of these websites. Such social media websites may also be able to use information about action you take on our Site.
However, note that where you choose to publish or share information through the social media links on our Site, we have no control over that activity. It will not be protected by us. You should assume that your activity may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity from our Site, you do so at your own risk.
PRODUCTS
The Site and/or the Sacatelle online catalog may contain references to specific products and services that may no longer be available. Any such reference does not imply or warrant that any such products or services shall be available at any time.
By purchasing a product for yourself or others through the Site, you acknowledge that the products and other items that may be included within the Merch Kits, Bulk Merch Orders, Preset Packs and/or within any other purchase from Sacatelle’s Site (collectively, the “Order”), are designed for use with or under specific conditions. BY MAKING A PURCHASE ON SACATELLE’S SITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SACATELLE FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY, SUIT OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) INCURRED OR SUFFERED BY YOU OR THE RECIPIENT OF THE ORDER OTHERWISE ATTRIBUTABLE TO THE PERFORMANCE OF THE PRODUCT YOU HAVE PURCHASED, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES, BECAUSE OF INJURY OR DAMAGE TO PROPERTY, BODILY INJURY, OCCUPATIONAL SICKNESS OR DISEASE, OR DEATH. FURTHERMORE, YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE TAKING 100% RESPONSIBILITY FOR THE SELECTION AND USE OF THE PRODUCT(S) YOU PURCHASE FOR YOURSELF OR OTHERS, INCLUDING THE DETERMINATION OF WHETHER SUCH PRODUCT(S) ARE APPROPRIATE FOR THE RECIPIENT, AND THAT EXCEPT AS MAY OTHERWISE BE EXPRESSLY AGREED TO IN WRITING IN A SEPARATE DOCUMENT, SACATELLE HAS NOT OFFERED ANY ASSISTANCE, AID OR SUPPORT IN THE SELECTION OF SUCH PRODUCT(S) AND THAT SACATELLE WILL NOT BE HELD LIABLE OR ACCOUNTABLE TO YOU OR THE RECIPIENT OF THE ORDER FOR ANY DAMAGES.
Sacatelle expressly disclaims any and all liability as to any results obtained or arising from any use of the information contained on Sacatelle’s Site.
TAX EXEMPTION
Sacatelle may be required by law to collect sales and similar taxes on products it sells. If you believe you qualify for a tax exemption, you may submit a valid tax exemption certificate demonstrating same to Sacatelle. If a valid exemption certificate is received and processed before your order ships, the tax will be adjusted based on the certificate. Otherwise, Sacatelle will not be able to honor an exemption.
Sacatelle must have received and approved your exemption certificate prior to shipment of any products for which the exemption is claimed by you. SACATELLE CANNOT ISSUE REFUNDS FOR TAXES COLLECTED ONCE YOUR PRODUCT SHIPS.
Exemption certificates may be submitted to [email protected] for Sacatelle to review. Upon review, Sacatelle will inform you if your certificate is accepted, or Sacatelle may request additional information or modification or correction to the certificate.
Sacatelle cannot and does not provide tax advice and assumes no responsibility for your tax matters. You agree to indemnify Sacatelle for any damages Sacatelle might incur as a result of acceptance of your tax exemption certificates.