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Terms of service

SAM BARSKY - TERMS OF USE


OVERVIEW 

These terms and conditions, as modified from time to time, apply to your use of this website. We refer to the https://sambarsky.myshopify.com/ website as “The Sam Barsky Clothing Store” “the Site” or sometimes, “the Services.”

The https://sambarsky.myshopify.com/ website is operated by Picture This Clothing, LLC. Throughout the site, the terms “we”, “us” and “our” refer to https://sambarsky.myshopify.com/ and sambarskyofficial.com.

https://sambarsky.myshopify.com/ 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. 

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. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

• DO NO EVIL: These garments use legally licensed imagery owned by Sam Barsky. This website is the only approved location where printed replicas Sam Barsky’s original artworks can be purchased.

  • COLORS: While we do everything we can to match the colors of the original artwork, but cannot guarantee an exact color match.
  • MARKETING & PROMOTION: By sharing photos with us, you’re giving us permission to use those photos in our marketing materials at our discretion, forever unless specifically stated otherwise. We may share, but we are not obligated to share. When we share on our pages, other media outlets may use your images without asking for permission. 
  • GIFT CERTIFICATES: In accordance with NV state law (where Sam Barsky clothing items are manufactured), our gift certificates have an expiration date printed directly beneath the Gift Certificate Redemption Code and its Value. If you have an expired gift certificate, please email us within 30 days of the expiration date, we are more than happy to help you out.

If you do not agree with the Terms, do not proceed to access the Site or use the Services. 

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/as 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 any time without notice, at our sole discretion. 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 - 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/Refund Policy. 

SECTION 7 - 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 8 - 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 9 - 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 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 11 - 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 12 - 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 13 - 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 https://sambarsky.myshopify.com/, The Sam Barksy Clothing Store, Picture This Clothing, LLC, 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 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless https://sambarsky.myshopify.com/, The Sam Barksy Clothing Store, Picture This Clothing LLC, 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 15 - 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 16 - 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 17 - 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 18 - 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 United States. 

SECTION 19 - 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 20 - GIFT CERTIFICATES

The following terms under the “GIFT CERTIFICATES” heading relate to you as the purchaser or user of Gift Certificates from the Site (“Gift Certificates”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PURCHASE GIFT CERTIFICATES THROUGH THE SITE. 

Purchasing and Redemption. 
By purchasing Gift Certificates on the Site, you certify and represent to The Sam Barksy Clothing Store that the activities in connection with which the Gift Certificates will be used will comply with this Agreement and all applicable laws, rules, and regulations, and that the Gift Certificates will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or The Sam Barksy Clothing Store, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other The Sam Barksy Clothing Store-related entity. An account is not required in order to purchase a Gift Certificate. If the Gift Certificate is purchased for an individual other than you, the recipient of the Gift Certificate shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have an account at the time of receiving the email, they will be prompted to create an account in order to redeem the Gift Certificate. An account is required in order to redeem a Gift Certificate.

The amount of the Gift Certificate you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Certificate. If the purchase of a Gift Certificate is part of a promotional campaign wherein purchase of a Gift Certificate at a predetermined dollar amount is awarded with additional Site credits, these credits shall only be available for use after the total amount of Gift Certificates has been exhausted. In all circumstances, credits shall be used only after the exhaustion of Gift Certificates. Personal information that you provide in connection with the purchase or redemption of Gift Certificates will be governed by The Sam Barksy Clothing Store Privacy Policy. Gift Certificates may only be redeemed toward the purchase of eligible products on the Site. Redemption of Gift Certificates on the Site is subject to change in The Sam Barksy Clothing Store’s sole discretion. Purchases are deducted from the Gift Certificate balance. Any unused balance will be placed in the recipient’s The Sam Barksy Clothing Store account when redeemed. If an order exceeds the amount of the Gift Certificate, the balance must be paid with a credit card or other payment method accepted by The Sam Barksy Clothing Store and Picture This Clothing, LLC. You may be able to obtain your gift card balance by contacting The Sam Barksy Clothing Store customer service at hello@picturethisclothing.com. The Gift Certificate balance relayed to you by a The Sam Barksy Clothing Store customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time. Our Gift Certificates expire 5 years from the date of purchase.

Nev. Rev. Stat. §598.0921(3) “Gift Certificate” means an instrument or a record evidencing a promise by the seller or issuer of the instrument or record to provide goods or services to the holder of the gift certificate for the value shown in, upon or ascribed to the instrument or record and for which the value shown in, upon or ascribed to the instrument or record is decreased in an amount equal to the value of goods or services provided by the issuer or seller to the holder. The term includes, without limitation, a gift card, certificate or similar instrument.

Nev. Rev. Stat. §598.0921(1)(a) Expiration date, email address or toll-free phone number, to inquire regarding the balance and expiration date must be conspicuous. To inquire about a gift card balance, please contact us at hello@picturethisclothing.com

Use and Limitations.
Gift Certificates cannot be used to purchase other Gift Certificates. To the fullest extent of the law, Gift Certificates cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Unused Gift Card balances in an account may not be transferred. Unless otherwise required by law, Gift Certificates are not returnable or refundable for cash. To the fullest extent of the law, Gift Certificates may not be sold or bartered to third parties. Gift Certificates may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via Sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain The Sam Barksy Clothing Store’s prior written approval. Use of The Sam Barksy Clothing Store’s name, logo, trade dress (including any image/likeness of the Gift Certificates) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of The Sam Barksy Clothing Store Gift Certificates is strictly prohibited. Furthermore, the use of The Sam Barksy Clothing Store Gift Certificates in any manner that states or implies that any person, Site, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, The Sam Barksy Clothing Store, or any of its subsidiaries or affiliates is prohibited.

Risk of Loss. 
If your Gift Certificate is lost or stolen, immediately contact customer service at hello@picturethisclothing.com. Your Gift Certificate will be canceled and after an internal investigation, we will issue a new Gift Certificate with the remaining balance, if any. Lost or stolen Gift Certificates cannot be replaced without the original confirmation email sent to the email account provided to The Sam Barksy Clothing Store. The Sam Barksy Clothing Store and its affiliates shall have no liability to you for lost or stolen Gift Certificates; or use of any Gift Certificates by third parties through your account that is not attributable to the negligence or misconduct of The Sam Barksy Clothing Store. You are responsible for keeping the username and password for your account safe and for any activity conducted under your account that is not attributable to the negligence or misconduct of The Sam Barksy Clothing Store. Notwithstanding the above, the risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. The Gift Certificates may expire, and we are not responsible if a Gift Certificate is lost, stolen, destroyed, or used without your permission for reasons not attributable to the negligence or intentional or reckless misconduct of The Sam Barksy Clothing Store.

Fraud.
If your Gift Card is lost or stolen, immediately contact customer service at hello@picturethisclothing.com. Your Gift Card will be canceled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Certificates cannot be replaced without the original confirmation email sent to the email account provided to The Sam Barksy Clothing Store. The Sam Barksy Clothing Store and its affiliates shall have no liability to you for: lost or stolen Gift Certificates; or use of any Gift Certificates by third parties through your account that is not attributable to the negligence or misconduct of The Sam Barksy Clothing Store. You are responsible for keeping the username and password for your account safe and for any activity conducted under your account that is not attributable to the negligence or misconduct of MeUndies. Notwithstanding the above, the risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. The Gift Certificates may expire, and we are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission for reasons not attributable to the negligence or intentional or reckless misconduct of The Sam Barksy Clothing Store.

Issuer.
Gift Certificates are issued by https://sambarsky.myshopify.com/ via Picture This Clothing, LLC, an NV corporation.

SECTION 21 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at hello+sam@picturethisclothing.com