Terms of service

Welcome to These Entertaining People, LLC! By accessing or using our website (the “Site”), you are agreeing to be bound by the following terms and conditions (the "Terms of Service"), our Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms of Service incorporate by reference the Terms of Service of Shopify, our ecommerce platform provider, located at https://shopify.com/legal/terms, as well as any other policies or terms that Shopify may provide to you from time to time (the "Shopify Terms").  Please read these Terms of Service and the Shopify Terms carefully before using the Website or placing any orders through the Website.

To use the Website or purchase any products or services from us, you must be at least 18 years old or the age of majority in your jurisdiction or have the consent of your parent or guardian to do so. You must also provide us with your full legal name, business name, address, phone number, email address, and any other information that we may request to process your orders or provide you with our products or services. You agree to provide us with accurate, complete, and current information, and to update your information as necessary.

General Terms. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or the products or services offered on the Website, use of the Website, or access to the Website without our express written permission.  You also agree not to use the Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer's jurisdiction

Modifications to the Service and Prices. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services. We offer a variety of products and services on the Website, some of which may be available exclusively online and in limited quantities. We make every effort to display and describe our products and services as accurately as possible, but we cannot guarantee that the colors, images, features, specifications, or availability of our products and services will be accurate, complete, current, or error-free. We reserve the right to limit or cancel any orders, or to refuse or terminate any service, at our sole discretion and for any reason, including but not limited to errors, inaccuracies, fraud, or violations of these terms and conditions. We will contact you by email or phone if we need to modify or cancel your order or service, or if we need any additional information from you. You agree to pay the full price and any applicable taxes and fees for any products or services that you purchase from us, and to comply with any terms and conditions that apply to the specific products or services that you purchase or use.

We reserve the right, in our sole discretion, to refuse or cancel any order for any reason. We may automatically limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

Payments. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We use Shopify's payment services to process your payments for our products and services. By providing your payment information, you authorize us and Shopify to charge your chosen payment method for the total amount of your order or service, including any taxes and fees. You agree to comply with Shopify's Terms of Service and any other policies or terms that apply to your use of Shopify's payment services. You also agree to provide us and Shopify with accurate, complete, and current payment information, and to update your information as necessary. You are responsible for any charges or fees that may apply to your payment method, such as overdraft fees, currency conversion fees, or interest charges. We are not responsible or liable for any issues or disputes that may arise from your use of Shopify's payment services, and you must contact Shopify directly for any questions or concerns regarding your payments.

We do not provide refunds for any products or services purchased through the Website, unless otherwise stated in our refund policy or required by law.

Disclaimer of Warranties; Limitation of Liability and Indemnification. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) 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.  You expressly understand and agree that, to the extent permitted by applicable laws, we and our suppliers will 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 arising out of or relating to the use of or inability to use the Website or the products or services purchased through the Website (however arising, including negligence).

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the Shopify Terms); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and us, including but not limited to refunds, returns, fraudulent transactions, alleged or actual violation of applicable laws, or your breach of these Terms of Service.

Intellectual Property. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and the products and services offered on the Website, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service, except for the limited right to use the Website in accordance with these Terms of Service. "Shopify" is a trademark of Shopify Inc. Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in these Terms of Service.

Governing Law. The Terms of Service will be governed by and interpreted in accordance with the laws of the United States, without regard to principles of conflicts of laws.

Changes to the Terms of Service. We reserve the right to modify, update, or change these terms and conditions at any time and without prior notice. Any changes will be effective immediately upon posting on the Website, and your continued use of the Website or purchase of our products or services after any changes constitutes your acceptance of the modified terms and conditions. We will notify you of any material changes that adversely affect your rights or use of our website or products or services by email or by posting a notice on the Website. It is your responsibility to check our website regularly for any changes and to keep your account information current and accurate.

Severability. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of these Terms of Service, and these Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within these Terms of Service.