Terms of Service
OVERVIEW
Welcome to TailTastic Store! The terms “we”, “us” and “our” refer to TailTastic Store. TailTastic Store operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). TailTastic Store is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. TailTastic Store reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until TailTastic Store confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as TailTastic Store may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by TailTastic Store, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of TailTastic Store, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by TailTastic Store.
TailTastic Store’s names, logos, product and service names, designs, and slogans are trademarks of TailTastic Store or its affiliates or licensors. You must not use such trademarks without the prior written permission of TailTastic Store. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 the 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
TailTastic Store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with TailTastic Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and TailTastic Store, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with TailTastic Store.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here. and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be 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 Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm TailTastic Store, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY TailTastic Store, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL TailTastic Store, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TailTastic Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - 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 19 - WAIVER; 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 governs 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 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - 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 federal and state or territorial courts in the jurisdiction where TailTastic Store is headquartered. You and TailTastic Store consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO 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, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@tailtastic.store.
Our contact information is posted below:
[INSERT TRADING NAME]
contact@tailtastic.store
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] OVERVIEW Welcome to TailTastic Store! The terms “we”, “us” and “our/ours” refer to TailTastic Store. TailTastic Store operates this store and this website, including all related information, content and tools and all related features, products and services, to provide you, the customer, with a customized shopping experience (“the services”). TailTastic Store is powered by Shopify, which allows us to offer the services to you.
The terms below, in combination with any policies referenced herein (these “terms of use” or “terms”), describe the rights and responsibilities you have in connection with your use of the services.
Please read these terms of use carefully. They contain important information about your legal rights and cover topics such as disclaimers related to warranties and limitations of liability.
By visiting, interacting with or using our services, you agree that you are subject to these terms of use and our privacy policy. If you do not agree to these terms of use or this privacy policy, you should not use or access our services.
PART 1 – ACCESS AND ACCOUNT By agreeing to these terms of use, you confirm that you have at least reached the age of majority in the state or province where you reside, and you have given us your consent to allow all your minor dependents to use the services on devices you own, purchase or manage. To use the services, including accessing or searching our online stores or purchasing any of the products or services we offer, you may be asked to provide certain types of information, e.g. email address, billing information, payment information and shipping information. You confirm that all information you provide in our stores is accurate, up-to-date and complete, and that you have all the necessary rights to provide this information. You are solely responsible for maintaining the security of your account login information and all your account activity. You may not transfer, sell, assign or license your account to another person.
PART 2 – OUR PRODUCTS We have done our best to provide an accurate representation of our products and services in our online stores. However, please be aware that colors and product appearances may differ from how they appear on your screen, due to the type of device you use to visit the store, and the device's settings and configuration. We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to those depicted or represented in our online stores. All product descriptions may be changed at any time, without notice and entirely at our discretion. We reserve the right to discontinue any product at any time, and we may limit the number of products we offer to any person, geographic area or jurisdiction, on an individual basis.
PART 3 – ORDERS When you place an order, you are making an offer to purchase. TailTastic Store reserves the right to accept or reject your order for any reason, at its sole discretion. Your order is not accepted until TailTastic Store confirms that it is accepted. We must receive and process your payment before the order is accepted. Review your order carefully before submitting it. TailTastic Store may not be able to approve cancellation requests after an order is accepted. If we do not accept, change or cancel an order, we will attempt to notify you via the email address, billing address and/or phone number provided when the order was placed. Your purchases only qualify for returns and exchanges in accordance with our return policy. You represent and warrant that your purchases are only for personal use for yourself or your household, and not for commercial resale or export.
PART 4 – PRICES AND BILLING Prices, discounts and promotions may change without notice. The price applicable to a product or service is the price that was valid at the time of ordering, and is described in the order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs duties or import fees. Prices published in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may from time to time offer promotions through the services. These may affect prices and are subject to their own terms separate from these terms. If there is a conflict between the terms of a promotion and these terms, the promotion terms apply. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including email address, credit card numbers and credit card expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is genuine, correct and complete, (ii) you have proper authorization to use the credit card for the purchase, (iii) charges incurred by you will be honored by the credit card company, and (iv) you will pay charges incurred by you at the published prices, including shipping and handling fees and all applicable taxes and fees, if applicable.
PART 5 – SHIPPING AND DELIVERY We are not responsible for shipping and delivery delays. All delivery times are estimates only, they are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. When we transfer the products to the carrier, ownership and risk of loss transfers to you.
PART 6 – INTELLECTUAL PROPERTY Our services, including but not limited to all trademarks, brands, text, displays, images, graphic elements, product reviews, videos and audio, as well as the design and organization of these, are owned by TailTastic Store, their affiliates or licensors, and are protected by patents, copyright and other intellectual property laws, in the USA and other countries. These terms only allow you to use the services for your own personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in the services without obtaining written consent from us in advance. Except as described in this document, nothing in these terms grants or can be interpreted as granting a license or other rights to you in connection with patents, trademarks, copyright or other intellectual property belonging to TailTastic Store, Shopify or a third party. Unauthorized use of the services may be a violation of US federal and state intellectual property laws. All rights not specifically granted in this document are reserved to TailTastic Store. TailTastic Store's names, logos, product and service names, designs and slogans are trademarks belonging to TailTastic Store or their affiliates or licensors. You may not use such trademarks without obtaining written permission from TailTastic Store in advance. Shopify's names, logos, product and service names, designs and slogans are trademarks belonging to Shopify. All other names, logos, product and service names, designs and slogans in the services are trademarks belonging to their respective owners.
PART 7 – OPTIONAL TOOLS You may access customer tools provided by third parties through the services. We do not monitor these, and we have no control over them. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions, and without endorsing or supporting them in any way. We have no liability whatsoever arising from or related to your use of optional third-party tools. All your use of the optional tools offered through the website is entirely at your own risk and discretion. You must ensure that you are familiar with and agree to the relevant third parties' terms for providing the tools. We may also in the future offer new features through the services (including the release of new tools and resources). Such new features shall also be considered part of the services and are also subject to these terms of use.
PART 8 – THIRD-PARTY LINKS The services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials and websites you choose to visit. If you choose to leave our services to access such materials or third-party websites, you do so at your own risk. We are not liable for damages related to your access to third-party websites, or for your purchase or use of products, services, resources or content on third-party websites. Carefully review the policies and practices of third parties, and make sure you understand them before engaging in any transactions. Complaints, claims, concerns and questions related to third-party products and services should be directed to the third party.
PART 9 – RELATIONSHIP WITH SHOPIFY [NOTE TO MERCHANT: This section accurately describes Shopify's relationship with your store and should not be removed or modified.] TailTastic Store is powered by Shopify, which allows us to offer the services to you. However, all sales and purchases you make in our store are conducted directly with TailTastic Store. By using the services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and TailTastic Store, including any personal injuries, damages or losses arising in connection with products and services purchased. You hereby release Shopify and their affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with TailTastic Store.
PART 10 – PRIVACY POLICY All personal information we collect through the services is subject to our privacy policy, which you can find here, and certain personal information may be subject to Shopify's privacy policy, which you can find here. By using these services, you confirm that you have read these privacy policies. Since Shopify hosts the service, Shopify collects and processes personal information related to your access to and use of the services to provide you with the services and improve them. Information you submit to the services is transmitted to and shared with Shopify and third parties that may be located in countries other than yours, to provide you with the services. Review the privacy policy for more information on how we, Shopify and our partners use your personal information.
PART 11 – FEEDBACK If you submit, upload, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively “feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such feedback in any medium and for any purpose, including for commercial use. For example, we may use the rights under this license to operate, provide, evaluate, expand, improve and promote the services, and to perform our obligations and enforce our rights under the terms of use. You also represent and warrant that (i) you own or have all necessary rights to all feedback, (ii) you have disclosed all compensation or incentives you have received in connection with your submission of feedback, and (iii) your feedback complies with these terms. We have no, and shall never have, any obligation to (1) keep your feedback confidential, (2) pay compensation for your feedback, or (3) respond to your feedback. We may choose to, but have no obligation to, monitor, edit or remove feedback that we, in our sole discretion, consider to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes on others' intellectual property or violates these terms of use. You agree that your feedback shall not infringe the rights of any third party, including copyright, trademarks, privacy, personality or other personal or proprietary rights. You also agree that your feedback shall 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 services or related websites. You may not use false email addresses, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of the feedback. You are solely responsible for all feedback you provide and its accuracy. We take no responsibility and assume no liability for any feedback posted by you or third parties.
PART 12 – ERRORS, INACCURACIES AND OMISSIONS Occasionally, there may be information on or in the services that contains typographical errors, inaccurate information or omissions related to product descriptions, prices, 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, at any time and without notice, if there is information that is incorrect (including after you have submitted your order).
PART 13 – PROHIBITED USES You may only access and use the services for lawful purposes. You may not access or use the services, either directly or indirectly: (a) for unlawful or malicious purposes, (b) to violate international, federal, provincial or national regulations, laws or local ordinances, (c) to infringe or violate our intellectual property rights or others' intellectual property rights, (d) to harass, abuse, harm, defame, slander, disparage, intimidate or harm any of our employees or other persons, (e) to submit false or misleading information, (f) to upload, knowingly receive, upload, download, use or re-use material that does not comply with these terms, (g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail”, “chain letters” or similar communications, (h) to impersonate or attempt to impersonate another person or legal entity, or (i) to engage in other conduct that restricts or inhibits others' use of the services, or which in our judgment may harm TailTastic Store, Shopify or users of the services, or expose them to liability. In addition, you agree (a) not to upload or transmit viruses or any other type of malicious code that is or may be used in a way that impairs the functionality or operation of the services, (b) to reproduce, duplicate, copy, sell, resell or exploit any portion of the services, (c) to collect or track personal information belonging to others, (d) to engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping, or (e) to interfere with or circumvent the security features of the services, related websites or other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these terms.
PART 14 – TERMINATION We may terminate this agreement or your access to the services (or any part thereof), entirely at our sole discretion and without notice, and you remain liable for all amounts up to and including the termination date. The following sections survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Disclaimer, Entire Agreement, Assignment, Governing Law, Privacy Policy and other provisions whose nature indicates that they should remain in effect after termination.
PART 15 – DISCLAIMER OF WARRANTIES The information presented on or through the services is made available solely for general information purposes. We make no warranties about the accuracy, completeness or usefulness of this information. If you in any way rely on such information for your decisions, you do so entirely at your own risk. We disclaim all liability and responsibility arising from you or any other visitor to the services, or any other person who may access the content, using such materials. EXCEPT AS DESCRIBED IN TailTastic Store, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, 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. WE NEITHER REPRESENT NOR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. CERTAIN JURISDICTIONS HAVE LIMITATIONS ON OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
PART 16 – LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TailTastic Store NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR DAMAGES, LOSSES, CLAIMS OR ANY DIRECT OR INDIRECT DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE ARISING AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH.
PART 17 – INDEMNIFICATION You agree to defend and hold harmless TailTastic Store, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities and claims, including reasonable attorneys' fees, payable to a third party due to or in connection with (1) your breach of these terms of use or the documents they reference, (2) your breach of laws or infringement of a third party's rights, or (3) your access to and use of the services. We shall notify you of any claims for indemnification, subject to you not being relieved of your obligations if we fail to notify you, unless it is materially prejudicial to you. We may control the defense of and settlement for such a claim at your expense, including selection of legal counsel, but we will not settle a claim that imposes non-monetary obligations on you without your consent (which may not be unreasonably withheld). You shall cooperate with the defense of claims, including by providing necessary documents.
PART 18 – SEVERABILITY If one or more provisions of these terms of use are determined to be unlawful, invalid or unenforceable, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion(s) shall be deemed severed from these terms of use, and this shall not affect the validity and enforceability of any of the remaining provisions.
PART 19 – WAIVER AND ENTIRE AGREEMENT Our failure to exercise or enforce any provision of these terms of use does not constitute a waiver of such right or provision. These terms of use and all policies and rules we post on this website or in connection with the services constitute the entire agreement and understanding between you and us, govern your use of the service, and supersede all prior or contemporaneous agreements, communications and proposals, whether written or oral, between you and us (including, but not limited to, any prior versions of the terms of use). Any ambiguities in the interpretation of these terms of use shall not be construed against the drafting party.
PART 20 – ASSIGNMENT You may not delegate, transfer or assign this agreement or any of your rights or obligations under these terms without our prior written consent, and any attempt to do so shall be void. We may transfer, assign or delegate these terms and our rights and obligations without your consent and without notice to you.
PART 21 – GOVERNING LAW These terms of use and all separate agreements related to our provision of the services to you shall be governed by and construed in accordance with the federal, state or territorial courts in the jurisdiction where TailTastic Store has its headquarters. You and TailTastic Store consent to all matters being handled under the jurisdiction of such courts.
PART 22 – HEADINGS The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these terms.
PART 23 – CHANGES TO TERMS OF USE You can review the most current version of these terms of use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms of use by posting updates and changes on our website. It is your responsibility to check the website periodically for changes. We shall notify you of any material changes to these terms, in accordance with applicable laws, and such changes shall take effect on the date specified in the notice. Your continued use of or access to the services after changes to these terms of use are posted constitutes your acceptance of those changes.
PART 24 – CONTACT INFORMATION Questions about the terms of use should be sent to us at contact@tailtastic.store.