Terms of service
Terms of Use
Last updated: September 4, 2020
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING OUR SITE (THE “SITE”).
YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, THEN PLEASE LEAVE THIS SITE.
Interpretation and Definitions
Interpretation: The words of which the initial letter is capitalized have the meanings defined below. The definitions shall have the same meaning regardless of whether they appear in singular or plural form.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You (as defined below) to access Our Site or parts of Our Site.
Country refers to: The United States, exclusive of its territories and possessions.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The GiveAway Club LLC, 1007 N. Sepulveda Blvd., #1357, Manhattan Beach, CA 90266.
Device means any device that can access the Site such as a computer, a cellphone or a digital tablet.
Feedback means inquiries or suggestions sent by You (as defined below) regarding the attributes, performance or features of Our Site.
Goods refers to the items offered for sale on the Site.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other consumer promotions offered through the Site.
Third-party Site means any websites or content (including data, information, products or Sites) provided by a third-party that may be displayed, included or made available by or through the Site.
Site refers to www.thegiveawayclub.com
You means the individual accessing or Using the Site, or the company or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.
Acknowledgment of Binding Agreement
These are the terms and conditions governing the Use of this Site and constitute a binding legal agreement between You and the Company. These Terms set forth the rights and obligations of all Users regarding the Use of the Site.
Your access to and Use of the Site is conditioned on Your acceptance of, and compliance with, these Terms. These Terms apply to all visitors, Users and others who access or Use the Site.
By accessing or Using the Site You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Site.
You represent that You are the age of majority in the jurisdiction in which You reside. The Company does not permit minors to Use the Site.
Your access to and Use of the Site is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, Use and disclosure of Your personal information when You Use the Site and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before Using Our Site. Any attempt to falsify Your age or identification for the purpose of Using Our Site may be prosecuted to the fullest extent permitted by law, and You may be forever banned from Using Our Site.
Changes to These Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material in nature, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material revision will be determined at Our sole discretion. You should check these Terms frequently to determine whether any revisions have been made.
By continuing to access or Use Our Site after Our revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Site.
Placing Orders
Registration and Password: You may view the Site without the need to register with the Company.
If You wish to order Goods through the Site, You must first register for an account with the Company by submitting all required information. After Your account registration information is submitted, the Company shall have the right to approve or reject the requested registration, in the Company’s sole discretion.
All information that You provide when registering for an account must be accurate, complete and current. Failure to do so constitutes a breach of these Terms, and may result in immediate termination of Your use of Our Site.
You may be prompted to create Your own password (“Password”) in connection with Your account.
You, alone, are responsible for safeguarding and maintaining the confidentiality of Your Password, and You are responsible for all activities that occur Using Your Password. You agree not to share Your Password with third parties, allow others to Use Your Password, or do anything else that might jeopardize the security of Your Password. You agree to notify the Company if Your Password is lost or stolen, or if You are aware of any unauthorized use of Your Password on this Site.
You must notify Us immediately upon becoming aware of any breach of security or unauthorized Use of Your password.
By placing an Order for Goods through the Site, You warrant that You are legally capable of entering into binding contracts.
Supply of Information
If You wish to place an Order for Goods available on the Site, You may be required to supply certain information relevant to Your Order including, without limitation, Your name, Your email address, Your home and/or mobile phone number, Your credit or debit card number, the expiration date and security code (“CCV”) of Your debit/credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to Use any credit or debit card in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties and Our fulfillment providers for purposes of facilitating the completion and shipment of Your Order.
Order Cancellation by Company
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors or deficiencies in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected, and will pursue all remedies permitted by law, including but not limited to criminal prosecution.
Order Cancellation by You
Once an Order is processed, We do not allow cancellations, with the limited exception described below under “Prices Policy”. When Your Order is processed it is automatically sent to Our printers and the packaging and shipping processes begin.
Shipping, Returns and Refunds Policy
Shipping: Please allow up to five (5) to ten (10) business days for shipment of Your Order if You choose standard shipping at checkout. If expedited shipping is available, all details related thereto will be available on the Site; all such details are incorporated herein by reference. Please allow approximately two (2) to three (3) business days for processing of Your order before You receive Your valid tracking information. If the shipment details You provide are incorrect, or You ordered the wrong size or color, the Company is not responsible and will not offer replacements or refunds. When Your Order is processed it is automatically sent to Our printers and the packaging and shipping processes begin.
Refunds: All sales are final when ordering on Our Site ,and no refunds will be issued.
Returns: We do not currently offer returns on Goods purchased from Our Site. If there is an issue with Your Goods, view the “Exchanges” portion of this policy, below.
Exchanges: If You have an issue with the Goods You ordered, contact The GiveAway Club's support team at support@thegiveawayclub.com directly within twenty (20) days of Your receipt of such Goods. A specialist will contact You in approximately five (5) to ten (10) business days regarding Your inquiry. Subject to Our discretion, We may offer a replacement Order free of charge, if We determine that there are issues with Your Goods, including but not limited to manufacturing error or printing problems. You will be required to: (i) provide Us with the Order ID or number; (ii) accurately and completely describe the problem with the Goods and the quantity of Goods affected; and (iii) send Us a photo showing the issue(s) with the Goods. If We agree to provide a replacement Order, there is no need for You to send the original Goods back to Us.
If issues arise with a Replacement Order, We can, at Our discretion, offer You a store credit to Our Site, which later will automatically cover the production and shipping costs of an equivalent new Order.
Unfortunately, We do not offer exchanges if You ordered the wrong size, color, or simply do not like the Goods. There are sizing charts as well as color selectors on each product on Our Site to help eliminate such issues. Please use all such guides prior to placing an Order.
General Questions about Your Order: If You have questions regarding Your Order, please send an email to support@thegiveawayclub.com
Customs, Duties and taxes on Goods: All applicable customs and import duties, fees, taxes are the responsibility of the customer.
Representations, Warranties and Guarantees
We make no representations, warranties or guarantees, express or implied, in fact or in law in connection with any Goods purchased through the Site.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Site. The Goods available on Our Site may be mispriced, described inaccurately, or unavailable at the time of order, and We may experience delays in updating information regarding Our Goods on the Site and in Our advertising on other Sites, if applicable.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, pandemic and any other matters beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods We have available, such as Visa, MasterCard, and American Express cards.
Credit cards and debit cards provided for payment of Goods are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Promotions
Any Promotions, e.g., sweepstakes and contests, made available through the Site will be governed by Official Rules that are separate from these Terms. By participating in a Promotion, You will be bound by, and must abide by, the Official Rules. Official Rules will always be made available to You prior to entering a Promotion. Entries in various quantities will be generated by purchase of Goods on the Site; however, You will never be required to make a purchase or payment of any kind in order to enter a Promotion or to claim a prize. The Official Rules for each Promotion will include a method by which You may enter without making a purchase or payment. All participants in a Promotion –- purchasers and non-purchasers alike -- will have the same chances of winning a prize. The Official Rules and the conduct of any Promotion will comply with, and be subject to, all applicable state and federal laws and regulations.
We reserve the right to place a limit on the number of entries a User may receive for an individual Promotion. We will disclose the limits on the Site.
If You participate in any Promotion, please review the applicable Official Rules as Well as Our Privacy Policy prior to participating. If the Official Rules for a Promotion conflict in any way with these Terms, the Promotion’s Official Rules will apply. If You do not wish to be bound by the Official Rules of a Promotion, then do not enter the Promotion.
Intellectual Property
The Site and its original content (excluding Content provided by You or other Users), features and functionality are and will remain the exclusive property of the Company.
The Site is protected by copyright, trademark, and other laws of the United States.
Our trademarks and trade dress may not be Used in connection with any product or Site without the prior written consent of the Company. No right, title or interest in or to the Site or any Content is transferred to You, and all rights not expressly granted are reserved. Any Use of the Site that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark and other laws.
Your Feedback to Us
All remarks, suggestions, comments, questions, or ideas that You communicate to the Company through the Sites, or by letter, email, telephone or otherwise (collectively, “Feedback”) will be treated as non-confidential and non-proprietary, and the Company is free to use, without any attribution or compensation to You, any Feedback and all ideas contained therein. Except as prohibited by applicable law, You hereby assign all rights, title and interest in and to any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback in any way, in whole or in part, in commerce and in any and all media worldwide without restriction.
Links to Other Sites
Our Site may contain links to third-party websites that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Use of or reliance on any such content, goods or websites available on or through any such websites sites.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites that You visit.
Termination
We may terminate or suspend Your Use of the Site without prior notice or liability, for any reason whatsoever, including, without limitation, if You violate these Terms.
Upon termination, Your right to Use the Site will cease immediately.
Limitation of Liability
By accessing the Site, you agree as follows: Notwithstanding any damages that You might incur or allege to have incurred, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Site, or one-hundred dollars ($100) if You haven't purchased anything through the Site.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of data or other information, for any claims or causes of action, hoeever described, arising out of or in any way related to: (i) Your Use of or inability to Use the Site; or (ii) third-party software and/or third-party hardware Used with the Site, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE, MAY NOT APPLY TO YOU. In such jurisdictions, each party's liability will be limited to the greatest extent permitted by applicable law.
"AS IS" and "AS AVAILABLE" Disclaimers
The Site is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and suppliers, and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the Company provides no warranty, and makes no representation of any kind, that the Site will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Sites, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, the Company makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, or the information, content, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (iv) that the Site, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Governing Law
These Terms, and Your Use of the Site, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.
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Disputes Resolution
If You have any concern or dispute about the Site, You agree to first try to resolve the dispute informally by contacting the Company. If such concern or dispute cannot be resolved informally, then by Your Use of the Site, You agree as follows:
(i) any and all disputes, claims, and causes of action arising out of or in connection with the Site shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in the appropriate federal or state court located within Los Angeles County, California; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will You be entitled to receive attorneys' fees or other legal costs; and (iii) to the extent allowed by applicable law, under no circumstances will You be permitted to obtain awards for, and You waive all rights to claim, punitive, incidental, and consequential damages, and any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUB-SECTION (iii), ABOVE, MAY NOT APPLY TO YOU. In such jurisdictions, each party's liability will be limited to the greatest extent permitted by applicable law.
Severability
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed as if the invalid or illegal provision were not contained herein.
Claims of Copyright or Trademark Infringement
Send notice of claims of copyright or trademark infringement on this Site to:
The GiveAway Club LLC
1007 N. Sepulveda Blvd., #1357
Manhattan Beach, CA 90266.
Attention: CEO Pluria Marshall III
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a valid DMCA take-down notice that We have received. If You receive such notice from Us, You may provide Us with a counter-notification in writing to the Company- designated n agent that includes all of the following information:
(ii) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of the appropriate state or federl court located in Los Angeles County, CA, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Contact Us
If You have any questions about these Terms , You may contact Us by email at support@thegiveawayclub.com