TERMS OF USE

Introduction

Welcome! You have arrived at shop.epicrapbattlesofhistory.com. This website is owned and operated by Epic Rap Battles of History. Please review the following basic terms that govern your use of, and purchase of, products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").

General

We may, from time to time, change the terms that govern your use of our Site. Your continued use of our Site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

We may change, move or delete portions of, or may add to, our Site from time to time.

Order Information

You will need a valid credit card (except to the extent we permit purchases with gift cards, gift certificates, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for merchandise, digital music, media, and any other products or services through our Site.  All pertinent information provided is to be accurate and up to date. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so.  You understand that we will not be liable in the event that others acting with or without your permission use your credit card to make purchases on the Site. 

(a) Payment Terms

For each product or service that you order on the Site, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order.  Epic Rap Battles of History will automatically bill your credit card or other form of payment submitted as part of the order process for such price.

(b) Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline your order for any reason.  We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.  Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof).  Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

(c) Sales Taxes

Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products.  We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United States in accordance with our order policy in effect at the time of purchase.  Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges (except for taxes on Epic Rap Battles of History’s net income), on orders shipped outside the United States.

(d) Prices; Colors; Availability

All prices listed on the Site are subject to change.  In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit card account in the amount of the charge.  Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

Return Policy

No refunds (except on clauses below). Exchange only within 10 days from when shipment is received. All exchanges dependent on existing stock. We do not offer exchange for limited edition & clearance items. Please contact us at shop@epicrapbattlesofhistory.com for exchange or any other issues with your order.

(a) Defective Item (Refund)

In the event an item is defective upon receipt or has a manufacturing defect, a refund or exchange will be issued upon inspection of item. We require you to pay the initial cost of shipping which will be refunded along with said item(s) when we receive it/upon inspection. Please contact us at shop@epicrapbattlesofhistory.com.

(b) Received a Wrong Item 

In the event that you received a wrong item we will send you a replacement and a call tag to retrieve the incorrect item.  Please contact us at shop@epicrapbattlesofhistory.com.

(c) Missing item(s)

In the event that you are missing items in your order once we are notified we will ship out the missing items within 3-5 days.  Please contact us at shop@epicrapbattlesofhistory.com

For any issues with merchandise PLEASE mark in the subject field of your email the nature of your query. i.e. Size Exchange, Missing Item, etc.

Liability 

(a) Custom Merchandise 

You guarantee that, in the event that you create, post or submit any custom merchandise on our website, whether for your own personal use or for your own Epic Rap Battles of History store, you are the sole copyright owner of any designs you submit, and by submitting any such design you give Epic Rap Battles of History a non-exclusive license to display and reproduce such designs.

(b) Copyrights/Trademarks

All content and materials available on http://shop.epicrapbattlesofhistory.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Epic Rap Battles of History, our affiliates, our partners, our vendors or their respective owners, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Epic Rap Battles of History. 

(c) Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.

(d) You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

(e) You agree to indemnify and hold harmless Epic Rap Battles of History, its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. 

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

i. The use of our resources will meet your needs or requirements.

ii. The use of our resources will be uninterrupted, timely, secure or free from errors.

iii. The information obtained by using our resources will be accurate or reliable, and

iv. Any defects in the operation or functionality of any resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v. Any content downloaded or otherwise obtained through the use of our resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi. No information or advice, whether expressed, implied, oral or written, obtained by you from Epic Rap Battles of History or through any resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Epic Rap Battles of History will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Epic Rap Battles of History from our offices located in the state of CA, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of CA, by accessing our website, you agree that the statutes and laws of CA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, CA You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

Unless otherwise expressed, Epic Rap Battles of History expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

shop@epicrapbattlesofhistory.com

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