TERMS AND CONDITIONS OF SERVICE
Welcome and thank you for visiting our website(“Site”), operated by Zoo Gang Merch, also known throughout as “we”, “us” or “our”. While we hope you enjoy your visit and buy a lot of merchandise, our lawyer tells us it is important that you carefully read these Terms and Conditions of Service. (“Terms”) before using the Site, as they affect your legal rights and obligations and govern your use of the Site. These Terms apply to (i) the Site; and (ii) interactive features or downloads that are owned or controlled by Zoo Gang Merch, and are available through the Site, or that interact with the Site and post these Terms. You agree to these Terms by accessing or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.
You can review the most current Terms at any time on this page. We reserve the right to update, replace or change the Terms by posting updates and/or changes to our Site. Your continued use of or access to the Site following the posting of any changes constitutes an acceptance of those changes.
2. You may not use our products for any unauthorized or illegal use, or violate any laws in your jurisdiction, including but not limited to copyright laws, and we reserve the right to refuse service to anyone at anytime. You agree not to transmit any worms, viruses or codes of a destructive nature to our Site.
3. Our prices are subject to change without notice. We reserve the right to modify or discontinue our products without notice at any time, and we are not liable to you or any third-party for any modification, price-change or discontinuation of our products.
4. The entire contents of the Site (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Zoo Gang Merch owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Site. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks, such as the Zoo Gang Merch name and logo, and the Site URL is the service and trademark of Zoo Gang Merch. Without Zoo Gang Merch's prior written permission, you agree not to display or use, in any manner, any such marks and all goodwill associated with any use by you thereof will inure exclusively to Zoo Gang Merch. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Zoo Gang Merch, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Site.
5. All purchase transactions are subject to our exchange/return policy in effect at the time of purchase.. Please pay close attention to detail, spelling and color to ensure correct approval before printing custom apparel. We will not refund or replace any item due to incorrect spelling, color or design. Returns and/or refunds are limited solely to apparel with fabric that is materially flawed or the printing is below quality standards. On occasion, technical and other problems may delay or prevent delivery of Digital Media Purchases. Your exclusive and sole remedy in respect of Digital Media Purchases that is not delivered within a reasonable period of time will be either replacement of such Digital Media Purchase, or a refund of the purchase price paid for such Digital Media Purchase, as determined by us in our sole and absolute discretion.
6. 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 on orders shipped outside the United States
7. You need a valid credit or payment card (except to the extent we permit purchases with PayPal, 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 and media or other products or services through our Site. 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 may be asked to supply certain information relevant to your transaction including, without limitation, your credit or payment card number, the expiration date of your credit or payment card, your billing address, and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf to purchase products or services from the Site. You understand that we will not be liable in the event that others acting with or without your permission use your credit or payment card to make purchases on the Site. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
9. You agree to defend, indemnify and hold harmless Zoo Gang Merch from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Zoo Gang Merch’s use of your information. You will cooperate as fully required by the Zoo Gang Merch in the defense of any claim. Notwithstanding the foregoing, the Zoo Gang Merch retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The Zoo Gang Merch reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Zoo Gang Merch.
10. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY , WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY ZOO GANG MERCH, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SITES, AND/OR TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE SITE PROVIDED TO YOU BY ZOO GANG MERCH CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE NEW JERSEY STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH TITLE 9 OF THE US CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
11. We do not guarantee, warrant or represent that your use of our Site shall be uninterrupted, timely, secure or error-free. You agree that from time to time, we may remove our Site for indefinite periods of time, or cancel our Site at any time, without notice to you. You expressly agree that your use of, or inability to use, our Site is at your sole risk. In the event that any provision of these Terms shall be deemed unlawful, void or unenforceable, such provision shall be nonetheless enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not effect the validity and enforceability of any other remaining provisions.
12. The failure of us to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Questions about the Terms shall be sent to us at customerservice@