Terms of Service
TERMS OF SERVICE- TAYLOR GANG
These Terms of Service (“TOS”) govern each user’s access to and use of this site accused through the internet, mobile devices, tablets, or any other device with internet accessibility. The services may include any one or more of the following: viewing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities. Internet access is not included in the services and separate third-party fees may apply.
To use the services, you must be at least 13 years of age. If you are under 13-years-old, you may not use the services and you are instructed to leave this website or other service. If you are between the ages of 13 through 17 years, you may use the services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing services while not under the supervision or without the written consent of your parent or legal guardian.
LEGAL AGREEMENT BETWEEN YOU AND THE SITE, VISITORS, AND REGISTERED USERS
These Terms of Service (TOS) constitute a legal agreement between the user of the services (“you”) and our company. You must accept and agree to, without modification, all the terms, conditions, restrictions and notices contained in this TOS to access and/or use the services. By using the services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse a site on the service) or a “Registered User” (which means that you have registered as a user of the services). The terms “users” and “you” refer to both Visitors and Registered Users of the services. You are authorized to use the services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with these terms, you should leave this website and discontinue use of the services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the services.
MODIFICATION OF THESE TERMS OF SERVICE
TOS may be subject to updates reflecting changes in the services, changes in the laws affecting the services, changes in company policies, or for other reasons. If this occurs we will provide notice to users in one or more of the following ways: (1) The “last updated” date at the bottom of this TOS will change; (2) A notification of the update may be posted on the website (3) Registered Users may receive an email about this change.
We reserve the right to make these changes, and you are responsible for regularly reviewing this TOS as posted on the website or other service. Continued access to or use of the services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the services shall be subject to this TOS, as modified from time to time.
Our customer service office is open 24 hours a day, seven days a week. In the event a customer service representative does not immediately assist you, please leave a message and a customer service representative will respond at the earliest convenience. Customer Service can be reached at the following: firstname.lastname@example.org or you can call us at 855-809-0531.
PURCHASING TERMS: MERCHANDISE
PRICING AND PAYMENTS
All prices are in US Dollars. Advance payment in full via Visa or MasterCard is required (and in some instances payment via American Express may also be accepted only if so specified on the applicable site). Prices are subject to change by our discretion.
All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.
Orders that contain only in-stock items are typically shipped within 1-3 business days. Orders that contain 1 or more pre-order items are typically shipped 1-3 business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed on US holidays. Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. We are not responsible for non-receipt of orders that have been deemed delivered. We are also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.
Domestic Shipping (US): Our domestic carriers are USPS and FedEx. If FedEx is being used, the “ship to” address may not be a P.O. Box or your order will be considered an “Undeliverable Package.” Please review the “Undeliverable Package” section below for further information. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS 3-10 business days. The typical delivery timeframe for FedEx depends on the service selected. If you have not received your delivery, you must contact our customer service team within 60 days of purchase, or we will not be obligated to re-ship. Shipping charges are determined by the number, weight and type of items ordered, and by the shipping carrier and service selected. We do not ship COD.
International Shipping: The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is 2-6 weeks. If you have not received your delivery, you must contact customer service within 60 days of purchase or we will not be obligated to re-ship. Please choose your shipping method carefully. We will not reship your order due to non-receipt unless you choose International Priority (a trackable shipping method) during checkout. We do not ship COD. You are responsible for all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be Returned to Sender, which is our shipping facility. You will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order, but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.
REFUNDS, RETURNS AND EXCHANGES
If you have received damaged, defective, or incorrectly shipped merchandise, please contact Customer Service and return the product within 30 days of receipt following the Return/Exchange Instructions below. We will gladly replace or refund the merchandise without additional charge upon return.
If you have ordered incorrectly or are not happy with your purchase, please follow the Return/Exchange Instructions below. These instructions are also on your packaging slip. On these returns, original shipping and handling charges are non-refundable and you will be responsible for all costs associated with return shipment, including a $5.00 restocking fee. We will not accept any items for return or exchange after 30 days from receipt. (Note that for orders shipped via a non-trackable method we won't be able to determine receipt date.) We are not responsible for any items returned to us via non-trackable delivery methods that go missing in transit.
Please include the following in your email to Customer Service and in your return:
- Your order confirmation number
- Your first and last name
- Your mailing address
- Your phone number
- What you are returning and why
- How you would like us to handle your return or exchange.
We highly recommend that the items be returned to us using a mail service that provides tracking or insurance.
Clique Here, Inc
c/o Taylor Gang Returns
2500 Park Central Blvd A-1
Decatur, GA 30035
Once your return has been received by us, we will exchange your item or credit your credit card accordingly. Please allow 3-4 weeks for your return to be processed.
*Items That Cannot Be Returned or Exchanged*
Unfortunately, the items listed below cannot be refunded, returned, or exchanged. All sales of these items are final except only in the case of a manufacturer's defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).
- Underwear or bathing suits
- Music or Book Pre-Orders
- Any autographed, collectible items.
- Any apparel item upon evaluation by our team showing signs of use
- Any physical media (CDs, DVDs, vinyl records) that has been opened (removed from its plastic wrap)
- Any downloadable media
- Any item that is not in its original condition (for example, is damaged or missing parts) for reasons not due to an error made by our team.
We will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete, unless that order is classified as undeliverable and returned to (see we will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.
If all the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory, and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).
If some, but not all the items included in your order are out of stock, you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise customer service to:
- Hold your entire order until the item or items that are out of stock are re-stocked.
- Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered, and we will have final approval.
- Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax.
- Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap and tax).
Your entire order will be held until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.
Music and Books - Pre-order items cannot be cancelled. If you have received a defective or damaged product, you may return the item for an exchange if the item is still available. You may contact customer service to submit a return request.
Apparel and Accessories - If your order contains one or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). You may contact Customer Service to submit a refund request. Orders that 1 or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.
If for any reason your order is classified as undeliverable and returned to us you will be notified via email that your order has been cancelled due to a failed delivery attempt. You will be issued a refund of your order subtotal. Shipping and handling and gift wrap (if applicable) will not be refunded. We will not re-ship any orders that are classified as undeliverable and returned to us.
STATE SALES TAX
In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pre-tax total, including shipping and handling (where required) and gift wrap (where required and if applicable).
GIFT CERTIFICATE TERMS AND CONDITIONS
Gift Certificates, and their purchase and use, are subject to these Terms and Conditions for Gift Certificates, as well as this site’s Purchasing Terms for Merchandise, and this site’s general Terms of Service. Where the terms of these Terms and Conditions for Gift Certificates directly conflict with any of the foregoing terms, these terms shall control as it pertains specifically to Gift Certificate purchase or use. As used herein, “you” and “your” refer to the Gift Certificate’s purchaser and/or recipient, as applicable.
PURCHASING AND ACCOUNT CREDIT
Upon purchasing a “Gift Certificate,” the purchaser will be asked to identify the recipient and the recipient’s email address. A code will then be emailed to the recipient’s email address, as designated by the purchaser of the Gift Certificate (Please note that no physical gift certificate or gift card is created or used). When the recipient goes to this site to redeem the Gift Certificate, the recipient submits the code, and the recipient’s account will be credited with the amount of the Gift Certificate. Gift Certificates are not available for purchase for under $10.00.
REDEMPTION OF GIFT CERTIFICATE
Gift Certificates are redeemable only online and only at this site. Recipient’s purchases at this site will be deducted from the Gift Certificate balance. The balance will be applied to all charges related to the recipient’s orders until the balance is zero. Any unused balance will remain in the recipient’s Gift Certificate account. If an order exceeds the amount in the Gift Certificate account, the difference must be paid with a credit card or other permitted payment method. To view Gift Certificate balances, visit the “Your Account” (or similar area) on this site.
Gift Certificates are redeemable only online and only at this site. Gift Certificates cannot be used to purchase other Gift Certificates. Gift Certificates and Gift Certificate balances cannot be resold, transferred, redeemed for cash, or applied to any other account, except to the extent required by law.
EXPIRATION & DISCONTINUATION OF GIFT CERTIFICATES
Gift Certificates do not expire; however, if this site shuts down or discontinues at any time, for any reason, with or without notice, then any remaining balance in your Gift Certificate account will be forfeited, without refund. To minimize that risk, it is recommended that you do not leave any balance in your Gift Certificates account.
RISK OF LOSS
The risk of loss and title for Gift Certificates pass to the purchaser (or the purchase’s designated recipient, as applicable) upon our electronic transmission of the Gift Certificate code to the purchaser (or purchaser’s designated recipient, whichever is applicable). We are not responsible if a Gift Certificate, or the associated code, or any password associated with the recipient’s account, are lost, stolen, destroyed or used without your permission.
We reserve the right to close a customer account and request alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make a purchase on this site.
LIMITATION OF LIABILITY
THIS SITE AND ITS OWNERS, OPERATORS AND AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
These Gift Certificate terms and conditions may be changed from time to time in the discretion of the owners or operators of this site. All terms and conditions are applicable to the extent permitted by law.
ADDITIONAL TERMS AND CONDITIONS
To use the Services, we recommend the hardware and software specified below. We are not responsible for any failure to operate these Services resulting from you not using the recommended hardware and software.
- Any computer with the Windows (version Vista SP2, or Windows 7 or higher) or Mac OS X (version Lion 10.7 or higher) operating system; and
- Your computer must meet the minimum technical requirements of the supported Web Browser Software listed below
- Web Browser Software:
- Microsoft Internet Explorer: the current version available at microsoft.com/ie and the immediately preceding major version
- Mozilla Firefox: the current version available at getfirefox.com and the immediately preceding major version
- Apple Safari the current version available at apple.com/safari and the immediately preceding major version
- Google Chrome: the current version available at google.com/chrome and the immediately preceding major version
In addition to using one of the aforementioned browsers, the below features must be enabled. Please refer to your browser’s documentation for information on how to enable these features.
PERSONAL AND NON-COMMERCIAL USE ONLY
You may use these Services for your own personal and non-commercial purposes only. Each account made with us is to be used by a single user only, and you may not share or allow or permit anyone else to use your account to access our Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the our Services- except as expressly provided in this TOS.
Illegal and/or unauthorized use of these services is prohibited, including, but not limited to (a) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (b) unauthorized framing of or linking to our Site or part thereof; and (c) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of our Site. Except as expressly authorized per a written agreement with us, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and we reserve the right to remove them from user profiles or other areas of our Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of our services.
DELAY OR FAILURE TO PROVIDE SERVICES
We are not responsible for any delay or failure to provide content, materials or other Services where such delay or failure is due to causes outside of our control, including, but not limited to, system downtime, internet connectivity issues, power outages, and failure of a recording artist, band, celebrity, public figure, or brand. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.
THIRD-PARTY SITES, SERVICES AND FUNCTIONALITY
YOUR SUBMITTED FEEDBACK AND SUGGESTIONS
SOFTWARE AVAILABLE ON THE SPARKART SERVICES
All software (if any) that is made available to view and/or download from the services (“Software”) is owned by and is the copyrighted work of our team and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, we hereby grant to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using our services in accordance with these Terms of Service, and for no other purpose, provided that you keep all copyright and other proprietary notices intact. All Software is owned by our team and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to the company for which money damages would be inadequate and in such event, we will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
OUR TEAM AND OUR SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE OUR SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OUR SERVICES, WITH THE DELAY OR INABILITY TO USE THE OUR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF OUR OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. In no event will liability for any damages, losses and causes of actions, whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
TERMINATION AND RESTRICTION OF ACCESS
We reserve the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the services or any portion thereof at any time, without prior notice. We may also terminate or suspend your access to the services for breach of this TOS or inactivity, which is defined as failing to sign in to the Services for an extended period, as determined by us. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the services, we will not terminate your access to our Services prior to the expiration of your subscription period without good-cause unless it refunds a pro-rata portion of amount paid for the subscription. Good-cause includes, but is not limited to, your breach of this TOS or the discontinuation of the site or other service for which you purchased a subscription. If your services subscription is terminated for good-cause, or if you cancel your services subscription prior to the expiration of the subscription period for any reason, we will not refund to you any fees paid in advance of such termination or cancellation. Upon termination of your account, your right to use the services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or us shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all the services, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any. With respect to shows and events, we reserve the right, in its sole discretion, to refuse you admittance to any show or event associated with or related to the services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event.