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Terms & Conditions

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User Agreement

This User Agreement (hereinafter “Agreement”) is by and between anyone that accesses www.tzilla.shop (including any and/or all of its pages and links) (hereinafter collectively the “Site”) and Tzilla. As used in this Agreement anyone that accesses the Site will be referred to as a “User” and/or “You” and/or “Your.” This Agreement will be applicable with respect to use of the Site and any Goods and/or Services provided by Tzilla to the User.

IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT PERMITTED TO USE THIS SITE. IF YOU ARE UNDER 18 YEARS OF AGE BUT BETWEEN THE AGES OF 13 AND 17, YOU MAY USE THIS SITE WITH THE CONSENT, PERMISSION AND SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN SO LONG AS THAT PARENT OR LEGAL GUARDIAN IS AT LEAST 18 YEARS OF AGE, AGREES TO THIS AGREEMENT, AND AGREES TO BE LEGALLY RESPONSIBLE FOR YOUR USE OF THE SITE.

PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SITE. THIS AGREEMENT APPLIES TO YOUR USE OF ALL OR ANY PART OF THIS SITE AND TO ANY EMAIL CORRESPONDENCE BETWEEN TZILLA AND YOU. BY USING THE SITE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY IT. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE CAPABLE OF ENTERING INTO A LEGALLY BINDING CONTACT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR OUR PRIVACY POLICY, DO NOT USE THIS SITE.

  • 1. Terminology in this Agreement.

    The following terms will have the meanings as explained in this Section 1.

    • a.

      Account: a methodology to gain access to the Services via logging into the Site with a username and password.

    • b.

      Content: includes, but is not limited to, logos, graphics, photos, images, text and fonts.

    • c.

      Customer: the individuals, companies or entities that purchase Goods from Tzilla.

    • d.

      Goods: the clothing apparel that is available for purchase on the Site.

    • e.

      Non-Personal Information: Your Internet Service Provider (“ISP”), Your Internet Protocol (“IP”) Address, Your browser type, the URL of the previous website You visited, Your operating system, device information and location.

    • f.

      Personal Information: Your name, mailing address, phone number, email address, credit card number, tax identification number and other financial and personal information.

    • g.

      Services: the functionality and services that are offered on the Site to Registered Users.

    • h.

      Site: means www.tzilla.shop

    • i.

      User: the individuals, companies, entities or Charities that use and/or access this Site regardless of whether You are an unregistered Visitor or a Registered User.

  • 2. General Description of the Site and the Goods and Services which Tzilla Provides.

    Tzilla provides the public with original graphic art designs on Goods such as shirts, hats, tote bags and other related novelty items.

  • 3. Types of Users.

    • a.

      Registered User: Anyone that establishes an Account on the Site will be a Registered User. As part of the Account registration process, You will be required to enter a valid email address, a username and a password to access the Services. You are not permitted to share or transfer Your Account with any other persons or entities. You are solely responsible for any and all use of Your Account. Please notify us immediately if You become aware that Your Account is being used without Your permission. If You register another person, group or entity, You hereby warrant that You are authorized to act on their or its behalf. You also warrant and agree that all of the information which You provide to us during the registration process will be true, correct, accurate and current and You agree to promptly update such information if anything should change. You may set up an Account either directly on the Site or via a third party sign-on service such as FaceBook or Twitter.

    • b.

      Visitor: Anyone that does not have an Account but accesses the Site. As a Visitor, You may browse the Site but You will not have full access until You become a Registered User.

  • 4. Fees and Return Policies.

    • a.

      Tzilla Fees. Establishing an Account on the Site is free of charge. By using the Site, You agree to our costs and fees. Tzilla also charges credit card or other third-party processing fees in addition to our fees and costs. Any changes to fees and costs are effective after we post notice of the changes on the Site. The new fee/cost amounts will be used after the notice is posted.

    • b.

      Returns. If the Goods are materially defective, Tzilla will accept returns provided that such issues are brought to our attention in writing within fifteen (15) days of shipping. If a return is warranted, Tzilla will issue a Return Merchandise Authorization (RMA). No returns may be made without a Tzilla issued RMA.

  • 5. Intellectual Property Rights and Policies.

    • a.

      Intellectual Property Matters.
      Unless otherwise stated, Tzilla owns the copyright, trademarks and all other intellectual property rights for the Site and expressly reserves all rights in the same. You may print and download extracts from the Site for Your own noncommercial use and in respect of Your purchase of Goods, provided that You do not modify any of the Tzilla Content and You do not remove any copyright or trade mark notification or other proprietary notices from such extracts. Unless we state otherwise, all other reproduction or use of extracts of Content is strictly prohibited.

    • b.

      Ownership of this Site and its Content.
      Tzilla is the owner of this Site, and as such, retains all right, title and interest in and to the Site, Tzilla’s Content, all Storefronts and all of their related intellectual property rights. Please note that all software, code, methods, tools, functionality and the like used via the Site are owned by Tzilla (and/or its vendors and partners) and may not be copied, reproduced, modified, posted, transmitted, republished, sold, or offered for sale in any way without Tzilla’s prior written consent. The Tzilla name and logo as well as look and feel of the Site are trademarks and tradedress of Tzilla. Other trademarks and logos that appear on the Site are the property of their respective owners. Ownership of all such trademarks and trade dress shall belong to Tzilla or those other trademark owners.

    • c.

      Intellectual Property Infringement.
      If You are an intellectual property rights owner and consider that any Content infringes Your intellectual property rights, You may notify us of such infringement by sending the following information to us: (i) identification of the work which You claim to be infringed; (ii) identification of the Content which You claim to infringe that work in order to allow us to locate the allegedly infringing material; (iii) Your complete contact details (including full name, postal address, telephone number, and email address); (iv)confirmation that You have not authorized the use of the Content in the manner complained of; (v) confirmation under penalty of perjury that the information You have provided to us is accurate and that You are the intellectual property owner or that You are authorized to act on behalf of the intellectual property owner; and (vi) Your physical or electronic signature. Please send details of such infringement and signed statement under penalty of perjury to Tzilla: by email to: generalcounsel@tzilla.com or by post to: Tzilla, 9845 Erma Road, Suite 200, San Diego, CA 92131 U.S.A., Attn: General Counsel.

  • 6. Privacy Issues and Policies.

    In the course of accessing and/or using the Site, Tzilla may obtain information about You or You may be required to provide certain Personal Information to Tzilla. All uses of Your Personal Information will be treated in accordance with our Privacy Policy which is hereby incorporated into this Agreement by reference. If You use the Site, You are accepting our Privacy Policy, as may be amended and/or revised from time to time. If You do not agree to have Your information used in any of the ways described in the Privacy Policy You must discontinue use of this Site immediately.

  • 7. Site Restrictions and Disputes Between Users.

    • a.

      Restrictions. Tzilla may terminate any Account that violates this Agreement.

    • b.

      Disputes Between Users. You acknowledge and agree that Tzilla is not responsible for resolving disputes between various Users. Nevertheless, if a dispute between Users is brought to our attention, we may (but are not obligated) to provide each User with the other User’s contact information to enable the Users to resolve their dispute amongst themselves.

  • 8. Linking To This Site.

    You may create a link from Your own website to the Site provided that You obtain our prior written consent and provided that You only do so on the basis that You link to, and do not replicate, the home page of this Site and You DO NOT: (a) create a frame or any other browser or border environment around this Site; (b) in any way imply that Tzilla endorses any properties, products or services other than its own; (c) misrepresent Your relationship with Tzilla or present any other false information about us; (d) use any of Tzilla’s Content or trademarks without our express written permission; (e) link from a website that is not owned by You except for social media sites, including but not limited to FaceBook and Twitter where You have a registered account; or (f) display any content on Your website that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. Tzilla expressly reserves the right to revoke without prior notice any right we grant to You to link to our Site should You breach any of these terms and conditions.

  • 9. Assignment.

    This Agreement including its terms and conditions and any rights and/or licenses granted hereby shall not be transferred and/or assigned by You under any circumstances. Tzilla may transfer or assign this Agreement without restrictions.

  • 10. No Formal Business Obligations.

    This Agreement shall not constitute, create, give effect to, or otherwise imply a joint venture, pooling arrangement, partnership, or formal business organization of any kind between You and Tzilla.

  • 11. Governing Law.

    This Agreement will be governed by the laws of the State of California, U.S.A. You agree that any claim or cause of action related to this Agreement, the Site, and/or any Goods provided by Tzilla must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any claim or cause of action, can only be brought in an individual capacity and specifically may not be brought as a class action or any other type of representative action or proceeding.

  • 12. Venue.

    You and Tzilla agree that venue for any dispute arising out of and/or relating to this Agreement or any Goods provided by Tzilla shall be in San Diego County, California, U.S.A. and hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, U.S.A. except as otherwise agreed in the Arbitration section below.

  • 13. Arbitration.

    YOU AND TZILLA AGREE THAT TZILLA MAY ELECT TO HAVE ANY DISPUTE RELATED TO THIS AGREEMENT, THE SITE AND/OR THE GOODS PROVIDED BY TZILLA RESOLVED THROUGH BINDING ARBITRATION IN SAN DIEGO COUNTY, CALIFORNIA VIA AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER SELECTED BY TZILLA. IF TZILLA MAKES THIS ELECTION, YOU AGREE TO MOVE OR TRANSFER ANY CASE OR PROCEEDING TO THE ALTERNATIVE DISPUTE RESOLUTION PROVIDER SELECTED BY TZILLA. ANY DECISION, JUDGMENT OR AWARD BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

  • 14. Headings.

    All headings used herein are intended for reference purposes only and shall not affect the interpretations or validity of this Agreement.

  • 15. Entire Agreement.

    This Agreement together with the Privacy Policy located on this Site constitutes the entire agreement and understanding between You and Tzilla with respect to the subject matter of this Agreement. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition, and Tzilla’s failure to assert any right or provision under these Agreement shall not constitute a waiver of such right or provision. If any term, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid, You agree that the court should endeavor to give full effect to the intentions reflected in the invalid term, condition or provision, and the other terms, conditions and provisions of this Agreement shall remain in full force and effect.

  • 16. Disclaimer & Limitations of Liability.

    WHILST WE USE OUR REASONABLE ENDEAVORS TO ENSURE THAT OUR CONTENT IS ACCURATE AND UP-TO-DATE, WE DO NOT GIVE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS PROVIDED “AS IS” AND THAT YOU USE THE WEBSITE AND RELY ON THE CONTENT ENTIRELY AT YOUR OWN RISK.

    Although we employ security measures to protect Your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage, You acknowledge that communications sent via the Internet cannot be guaranteed to be completely secure.

    WE GIVE NO REPRESENTATION, WARRANTY OR GUARANTEE IN RESPECT OF THE SITE, THE CONTENT OR THE USER CONTENT OR ANY OF THE GOODS FROM TIME TO TIME AVAILABLE IN CONNECTION WITH THE WEBSITE. WE DO NOT ENDORSE ANY USER CONTENT AND WE MAKE NO REPRESENTATION THAT THE INFORMATION SUPPLIED BY OUR SITE USERS IS VALID. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ANY USER CONTENT, FROM TIME TO TIME AVAILABLE ON OUR SITE. WE RELY SOLELY UPON THE INTEGRITY OF OUR SITE USERS. WE DO NOT VERIFY, EDIT OR CONTROL ANY INFORMATION UPLOADED ONTO OUR SITE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE: ALL EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE SITE AND THE CONTENT; ALL LIABILITY FOR ANY COMMUNICATIONS THAT ARE LOST, INTERCEPTED, ALTERED OR OTHERWISE ACCESSED BY THIRD PARTIES; ALL LIABILITY FOR ANY DIRECT OR INDIRECT LOSSES, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSS, DAMAGES, COSTS, EXPENSES OR LIABILITIES THAT YOU MAY SUFFER OR INCUR ARISING FROM YOUR USE OF THIS SITE AND/OR RELIANCE ON ANY CONTENT, INCLUDING (WITHOUT LIMITATION) ARISING OUT OF ANY COMMUNICATION SENT BY YOU TO US OR ANY COMMUNICATION SENT BY US TO YOU VIA THE INTERNET.

    Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  • 17. General Release.

    If You are a resident of California, You hereby agree to waive the applicability of the California Civil Code section 1542 for unknown claims which states:

    "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

    All Users, including those located in California, hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing general release language.

  • 18. Indemnity.

    You agree to defend and indemnify Tzilla from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered by us arising out of or in connection with any one of the following: (a) Your use of the Site; (b) a breach by You of any of the terms and conditions of this Agreement; or (c) any infringement by You of the intellectual property rights or privacy rights of a third party or a breach by You of a duty of confidentiality to a third party. This defense and indemnification obligation will survive this Agreement and Your use of the Site and/or Service.

  • 19. Written Communications.

    When using our Website, You accept that communication with us will be mainly electronic. Tzilla will contact You by e-mail or provide You with information by posting notices on our Site. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing.

  • 20. Notices & Complaints.

    All notices and complaints given by You to Tzilla (including any complaints that You may have) should be sent to Tzilla: by e-mail to: support@tzilla.com or by post to: Tzilla, 9845 Erma Road, Suite 200, San Diego, CA 92131 USA. We may give notice to You via postings on our Site or via an email address supplied by You to us. Notice will be deemed received and properly served immediately when posted on our Site, 48 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified email address of the addressee.

  • 21. Changes & Modifications To This Site.

    Tzilla may make changes to the Site from time to time with or without notice. If You object to any such changes, Your sole recourse will be to stop using the Site. Continued use of the Site will indicate Your acknowledgment and agreement to such changes. Tzilla also reserves the right to discontinue the Site in whole or in part at any time with or without notice.

  • 22. Changes & Modifications To This Agreement.

    Tzilla may make changes to this Agreement from time to time. Any such changes will become effective when posted on the Site. If You object to any such changes, Your sole recourse will be to stop using the Site. Continued use of the Site will indicate Your acknowledgment of such changes and Your agreement to be bound by the modified Agreement.

  • 23. Date of Last Agreement Update.

    September 23, 2020 at San Diego, California, U.S.A.