TERMS OF SERVICE
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OVERVIEW
This website is operated by 231 Unlimited, LLC. Throughout the site, the terms “we”, “us” and “our” refer to 231 Unlimited. 231 Unlimited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
231 Unlimited’s online shop (the “231Unlimited Shop” ) is located at shop.231unlimited.com and is operated by 231 Unlimited, LLC., with our headquarters at 100 Duffy Avenue, Suite 510, Hicksville, 11801, USA and its subsidiaries (collectively, “231 Unlimited,” “we,” “our,” or “us”). The 231Unlimited Shop provides sellers with the ability to create and sell custom merchandise, apparel, and digital products (collectively “Merchandise” or “products”) and buyers with the ability to find and purchase high-quality, unique Merchandise. All visitors to the 231Unlimited Shop, Creators, and buyers are referred to herein as “you”.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), 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 site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
To note, these Terms of Service apply to all of our products and services. If we include some additional terms for tools you can download from the Service or other services, those provisions are incorporated into these Terms of Service.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – 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.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – SELLERS/BRAND OWNERS: CREATION AND IMPLEMENTATION OF PRODUCT LISTINGS
The 231Unlimited Shop allows sellers to create brand product listings and sell custom physical and digital Merchandise through those listings. Following are specific obligations concerning the initiation of any listing. To the extent any listing violates these Terms of Service, we may choose to terminate, delay or modify the listing at our discretion.
1. Your Right to Implement a Listing: By creating a listing through the 231Unlimited Shop, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and implement the listing (“Listing Rights”), including any rights relating to the name, description, images, text or URL used for the listing. You will provide 231 Unlimited with evidence of your Listing Rights upon request.
2. 231 Unlimited does not claim any ownership rights in the content you provide or upload to the 231Unlimited Shop. Please be sure you maintain copies of all of your work. 231 Unlimited has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Shop.
3. For online events promoted by you through the 231Unlimited Shop, 231 Unlimited operates an online marketplace where 231 Unlimited customers can purchase event tickets. 231 Unlimited helps manage ticketing and registration on your behalf, however 231 Unlimited is not the host, creator, or organizer of such online events. You agree that you are the organizer of your online events, and you are solely responsible for providing the event (including the third-party platform for hosting or streaming the event) and ensuring that the online event is delivered as described. You are also responsible for all activities related to your online events that take place off the 231Unlimited Shop, such as on any third-party streaming platform. 231 Unlimited retains all ownership rights in any designs created by 231 Unlimited designers which may not be used by you, other than in connection with your listings on the 231Unlimited Shop, without 231 Unlimited’s express written consent.
4. For the purpose of implementing and fulfilling your listing and for the purpose of advertising the 231Unlimited Shop in any medium 231 Unlimited chooses, you hereby grant 231 Unlimited a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Listing Rights to copy, display, distribute, modify the content uploaded to the 231Unlimited Shop (including all related images, text, content and information).
5. 231 Unlimited, in its sole discretion, may make promotional offers with different features and different pricing to any of 231 Unlimited’s sellers. These promotional offers, unless made to you, will not apply to you or these Terms. For example, 231 Unlimited may make different digital product file types available to sellers who achieve a certain level of sales.
6. Acceptable Use: Your use of the 231Unlimited Shop, including the creation and implementation of product listings, is subject to these Terms of Service (including our Acceptable Use Policy).
7. National College Athletic Association (“NCAA”) and Other Amateur Organizations: If you are or may become subject to NCAA rules and regulations or those of any other association, group, authority or organization, you represent and warrant that you have checked the rules and regulations to verify and confirm that your participation on our Site does not or will not affect your current or future eligibility with respect to any such association, group, authority or organization.
8. Indemnity: To the extent any listing launched by you or launched via your 231 Unlimited account violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that 231 Unlimited has the right to withhold and redirect any funds collected relating to the listing, which funds will be disbursed based on 231 Unlimited’s internal policies (for example, 231 Unlimited may give the funds to a charity where a listing falsely states it is raising funds for that charity, or 231 Unlimited may apply such funds to any judgment or settlement, and/or the reimbursement of 231 Unlimited’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with 231 Unlimited in such activities. Without limiting the foregoing, you also agree to indemnify and hold 231 Unlimited harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
9. Quality of Artwork and Promotions: Each listing must meet reasonable production standards (e.g. a listing may not include a low-quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the Shop, must be accurate and correct and must not include any content concerning non-231 Unlimited activities, events, products, services or promotions.
10. Proceeds from Listing: If you create a listing for products through the 231Unlimited Shop, 231 Unlimited will charge you a “base price” for each product that it makes available to you for your listing. You will be responsible for setting the price you charge consumers for each product. Once your listing is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the 231Unlimited Shop. Prior to receiving your payout, you may be required to provide additional information to 231 Unlimited as needed by 231 Unlimited to comply with its reporting obligations.
11. Partnership Disputes: If you work with other people on your listing, and there is a dispute between you and your partners, even though 231 Unlimited receives notice of the dispute, 231 Unlimited is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, 231 Unlimited may withhold payouts until the dispute is resolved, in 231 Unlimited’s sole discretion.
12. Charities/Fundraising: You represent and warrant that any listing you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your listing description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.
13. 231 Unlimited Right to Lower Sales Goal: You will be able to set the “sales goal” for each listing. You agree that 231 Unlimited may, in its sole discretion, begin to fulfill orders before your sales goal is met.
SECTION 7 – INTELLECTUAL PROPERTY COMPLAINTS
1. Infringement Claims Between 231 Unlimited Users, Waiver of Claims: As a condition of using the 231Unlimited Shop, you agree to submit any and all infringement claims against 231 Unlimited users (so called “Copycat Claims”) pursuant to 231 Unlimited’s existing policies and procedures governing such claims. You further agree, as a condition of using the 231Unlimited Shop, to waive any and all claims against 231 Unlimited arising from alleged infringement by you or another 231 Unlimited user. In addition, you understand that 231 Unlimited may release your contact information to any 231 Unlimited User that satisfactorily alleges a violation of its rights under this section.
2. Infringement Claims by Third Parties: 231 Unlimited takes any allegations of infringement seriously. If 231 Unlimited receives any complaint or allegation that your listing or any resulting Merchandise constitutes an unauthorized use of a third party’s rights, you understand that 231 Unlimited may terminate or delay your listing, in its sole discretion. In addition, you understand that 231 Unlimited may release your contact information to any third party that satisfactorily alleges a violation of its rights.
3. 231 Unlimited will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a 231 Unlimited user has infringed upon your rights, please notify 231 Unlimited with an Intellectual Property Claim via email to: legal@231unlimited.com, with “Intellectual Property Claim” in the subject line. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.
You must include with your notification the following information.
• A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
• The URL to the 231 Unlimited listing(s) used in connection with the sale of the allegedly infringing Merchandise;
• Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
• Your full name, address, telephone number(s) and email address(es);
• A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
• A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
4. Repeat Infringer Policy: 231 Unlimited has adopted a policy of terminating, in appropriate circumstances and at 231 Unlimited’s sole discretion, users who are deemed to be repeat infringers. 231 Unlimited may also at its sole discretion limit access to the 231Unlimited Shop or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We 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 customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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.
For more detail, please review our Returns Policy.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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.
In no case shall 231 Unlimited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless 231 Unlimited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at legal@231unlimted.com.