Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”). Please read these Terms carefully, because the use of the Site constitutes your agreement to follow and you be bound by these Terms. If you do not agree to these Terms, you should not access or use this Site. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms again, please do not use this Site.
RETURNS AND EXCHANGES:
Our policy does not permit us to accept returns, exchanges, provide refunds or credit. All products are final sale. Exceptions: If you are not completely satisfied with your product you must email us within 5 days of receipt of your product. We may, at our sole discretion, and if inventory permits, allow an exchange for the same item in a different size or color (if available) or offer a refund. If we extend this courtesy, item must be returned to us in its original packaging and unworn condition. Special orders/back-ordered products are also final sale and cannot be considered for return, exchange or refunded for any reason. All shipping cost associated with returns or exchanges are of that of the customer. Again, we reserve the right to refuse return, exchange and refund of any product purchased.
If you have a question concerning your order please email us and include your name, email address that you used in your PayPal transaction, date of transaction, as well as your phone number and someone from our sales team will reply to you.
All orders are standard shipped via United States Postal Service with delivery confirmation. Please allow 14 business days (unless otherwise stated on the product page) for us to process and mail your order, as well as the time required by U.S. Post Office to deliver to your door. If you have not received your product within this time frame, please email us and we will do our best to assist you in tracking your order. If you have ordered a [back-ordered] product, we will contact you to let you know when the new shipment of apparel has arrived and an expected delivery date. Back orders can take up to 6 weeks to arrive, so please be patient. If you have further questions, please contact us and someone will get back to you.
We reserve the right to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice, at any time and in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site. All materials on the Site concerning apparel are copyrights, trademarks, of Entertainment Marketing Group trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled, lawfully used, or licensed by Entertainment Marketing Group and or its manufacturers. The Site and further the Content are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any downloading or copying from the Site. You may not reproduce publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.
If you send certain specific submissions (for example photos or videos) or you post comments or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you do so at your own risk and you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, use in any medium any Comments that you forward to us and we shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comment or uses; or (3) to respond to any Comments. We shall have the right but not the obligation to monitor and edit or remove any part of such submission or Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You are solely responsible for any Comments you make and their accuracy. We and our subsidiaries take no responsibility and assumes no liability for any Comments posted by your or any third party. You agree to indemnify us, our distributors/affiliates, and employees harmless for any third party claims against us, relating to or arising out of your use of the site, and the sharing of information.
CHILDREN & DATA COLLECTION:
This Site is not targeted towards individuals who have not reached their age of majority for your geographical area. The age of which an individual is no longer considered a minor varies from country to country. If you are unsure what the age of majority is for your country, please check with an adult to find out if you may still be considered a minor. EMG understands that a minor may still try to contact EMG and in so doing may voluntarily provide EMG with personal information. If you are a minor under the age of majority, PLEASE DO NOT submit any personal information about yourself on this Site WITHOUT GETTING PERMISSION FROM YOUR PARENT(S) OR GUARDIAN(S) FIRST. Children’s privacy is very important to EMG. EMG adheres to the United States Children’s Online Privacy Protection Act (“COPPA”), a United States Federal Law. The Federal Trade Commission (“FTC”) has the authority to issue regulations and enforce COPPA, which applies to websites and online services operated for commercial purposes that are directed at, and are collecting personal information form, children under thirteen (13) years of age. COPPA explains what a website operator must include in its Privacy Statement and what responsibilities a website operator has to protect children’s privacy and safety online, including restrictions on marketing to those under thirteen (13) years of age. It also requires that the operator inform parents and/or legal guardians how the personal information is collected, used and disclosed from children under thirty (13) years of age, as well as how to obtain verifiable consent from a parent/guardian in order for children to use certain features of a website. EMG will not knowingly allow anyone under thirteen (13) years of age to provide us with any personal information about themselves (such as their name, email address and phone number) over the Internet. If a child has provided EMG with personal information without the consent of a parent or guardian, we ask the parent/guardian of that child to contact our Customer Support team immediately at firstname.lastname@example.org. We will use all reasonable efforts to promptly delete the child’s personal information from our servers.
REGISTRATION AND MEMBERSHIP:
Monthly box subscriptions are shipped to your address at the address you provided. You may receive emails regarding your account or promotions for special offers, including third party offers. You can cancel your membership anytime without charge by contacting Customer Support. Please refer to your Account Dashboard for further details.
BILLING AND PAYMENTS:
By starting your subscription and providing or designating a payment method, you authorize us to charge you on a monthly basis subscription fee at the then current rate. We reserve the right to adjust pricing for our subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your subscription will take effect following email notice to you.
YOUR SUBSCRIPTION CONTRACT:
BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE. TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING: UPDATE YOUR USER ACCOUNT AT EMGLIVE.NET OR EMAIL SUPPORT AT SUPPORT@EMGLIVE.NET. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
PRODUCT INFORMATION; LIMITATION ON QUANTITIES:
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any
time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
All trademarks, service marks, and trade names of EMG on the Site are trademarks or registered trademarks of EMG, or of their respective owners.
The materials on the Sites are provided “as is” without warranties of any kind, either expressed or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Entertainment Marketing Group Online Store shall not be liable for any damages of any kind related to your use of the Site. You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00
Any dispute arising under this Agreement shall be resolved exclusively by any court of law in the state of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. If you have any questions or concerns about our Terms of Service, please contact us.