TERMS OF SERVICE
Welcome to 36 Royalty, located at http://www.36Royalty.com (the “Site”).
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND 36 ROYALTY WITH RESPECT TO ACCESS TO AND USE OF 36 ROYALTY’S WEBSITE.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING YOUR ACCOUNT, PURCHASING, AND/OR SUBSCRIBING. BY ACCESSING AND/OR PURCHASING FROM THIS WEBSITE YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THIS WEBSITE AND DISCONTINUE YOUR REGISTRATION, PURCHASE AND/OR SUBSCRIPTION. YOUR USE OF THE SITE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT. 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.
What We Do
36 Royalty provides an internet-based platform that posts news articles, stories, features, business and/or personal profiles of individuals, businesses or organizations that we choose, at our sole discretion.
36 Royalty also sells merchandise on our Site, including t-shirts, hats, and other promotional products (“Shop”).
Accessing The Website
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 Site, violate any laws in your jurisdiction (including, but not limited to, copyright laws). A breach or violation of any of the Terms Of Service will result in an immediate termination of your account and/or use of the Site. We reserve the right to refuse service to anyone for any reason at any time.
The articles, content, organization, graphics, design, logos, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “36 Royalty” and our logos and other marks are either trademarks or registered trademarks of 36 Royalty (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Property”). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair 36 Royalty’s ownership of the Site and the content therein or the validity or enforceability of 36 Royalty’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppels or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of 36 Royalty or any third party.
None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of 36 Royalty, which permission may be withheld in our sole and absolute discretion.
Accuracy of Information
While we use reasonable efforts to include accurate and up to date information on the Site, we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site.
With regards to products on this Site, occasionally there may be information 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 Shop or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We shall have no obligation to update, amend or clarify information in the Shop or on any related website, including without limitation, pricing information, except as required by law.
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.
You hereby acknowledge and agree that you have no expectation of privacy with regard to any Content you submit, transmit, or post on to or through the Site. Since we cannot guarantee security of information on the Site, all use thereof is at your own risk and without recourse against us. We will not be responsible for the accuracy of any Content contained on our Site. Please choose carefully the information and Content you post on the Site and that you provide to others.
If you use the Site from outside of the United States, your connection will be through and to servers located in the United States, your orders placed through the Site will be fully processed in and shipped from the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.
Safe and Secure Online Transactions
We strive to make 36 Royalty as safe as possible. We wouldn’t have it any other way, nor would we sell our products or services online without safe, secure and confidential credit card transactions. Our third-party Secure Sockets Layer (“SSL”) software is industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. We are concerned about the safety and security of our customers. As such, we have put into practice a number of protections to ensure that your transactions with us process safe and secure and your information is secure and confidential. We will never email or call a customer to ask that they disclose or verify personal information such as credit card number, address, password or such. Such information should only be submitted when ordering products online, contacting us directly, or updating account information online.
Subscribers, in order to complete the subscription process, may also need to send payment in other ways beyond online transactions, including mailing a physical check or performing a wire/bank transfer. We do not control the use of these other payment methods and are not responsible for any actions or policies of such third parties. We are not responsible for the actions, privacy, security or content of such third parties and we strongly encourage you to inquire with the third party their suggestions and policies for ensuring safe transactions.
Products Or Services
Certain products or services may be available exclusively online through the Site. 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 on the Shop. We cannot guarantee that your computer monitor’s and/or mobile device’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, product pricing and services are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Shop or service will be corrected.
Pricing and Delivery
Except where noted otherwise, the list price displayed on the Shop represents the full price for the product(s) itself excluding shipping and tax. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Prices for any and all products and/or services are subject to change without notice.
With respect to products sold by the Shop, we cannot confirm the shipping charges for any item until you order. Despite our best efforts, a small number of the items in our catalog may be priced incorrectly. If we discover that an item is priced incorrectly, we will do one of the following: (a) if an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (b) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies to all products sold and shipped by the Shop. All items purchased from the Shop are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We reserve the right to limit quantities of any product/s that may be purchased from the Shop in our sole discretion and to decline to ship any product/s to any person outside the continental United States.
Except to the extent we permit purchases with promotional or discount codes prior to the purchase of any products on our Site, you must provide our third party processor with a current and valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, and (iv) the date of expiration. By submitting that information to our third party processor, you hereby agree that you authorize them to charge your card at their convenience. Please refer to their Terms and Conditions for specific credit card policies. All charges from sales, fees and subscriptions are nonrefundable, and all merchandise purchases are final. You hereby represent, warrant and agree that you will not use any credit card or other form of payment unless you have all necessary and legally required authorization to do so. We shall not be liable in the event someone or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent someone makes any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to our third party processor.
YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO OUR THIRD PARTY PROCESSOR IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL CHARGES INCURRED.
All transactions must be processed and purchased through a credit card and/or by mailing us a physical check or by wire/bank transfer.
Returns And Refunds
36 Royalty works hard to ensure all our products are printed with high-quality materials as outlined by the specifications listed on the individual product(s) you purchased. For example, if the product is to be printed on a 5.3 oz. Ring spun cotton shirt, we will print it on a 5.3 oz. ring spun cotton shirt. 36 Royalty accepts returns and will issue a refund within thirty (30) days after the product has been shipped to you if the final product delivered is materially different than the design or product specification listed on the individual product sales page.
Our fees, charges, shipping costs are not refundable. If you are, in any way, unsatisfied with your product, please contact us.
We may, at our sole discretion, provide you with access to third-party tools, of which we neither monitor nor have any control or 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. It is your sole responsibility to ensure 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 Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms Of Service.
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.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, tablet, cellular phone and/or any device with the ability to access your account and you agree to accept responsibility for all activities that occur under your account or password. 36 Royalty does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. 36 Royalty reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications And Other Content
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, questions, discussions, proposals, transmissions, plans, news, messages, or other material or information, whether online, by email, by postal mail, or otherwise (collectively, “Content”), you agree that your Content will be treated as non-confidential and non-proprietary by 36 Royalty. By submitting and/or posting Content to us, you automatically grant, as well as represent and warrant that you have the right to grant, to 36 Royalty, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute, publish, and/or broadcast, in whole or in part, in any medium and in any manner on this Site or otherwise such information and Content and that 36 Royalty has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. 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 illegal, offensive, threatening, libelous, defamatory, invasive of privacy, pornographic, obscene, infringing of any party’s intellectual property rights, otherwise objectionable, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You represent and warrant that: (i) you own any Content posted by you on the Site or otherwise submitted to us in connection with the Site, and have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such Content on or in connection with the Site does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor submitted Content for legal or other purposes, though we have no obligation to do so. You grant 36 Royalty and sublicensees the right to use the name that you submit in connection with such content, if they choose.
We assume no and disclaim all responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. Do not post personally identifiable information in areas other than within your account. We reserve the right, in our sole discretion, to reject, refuse to post, edit or remove any profile or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline 36 Royalty event is at your sole risk.
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 Site 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 Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
All wholesale clients of 36 Royalty shall sign a separate agreement with 36 Royalty before services are rendered.
Promotional codes must be validated and authorized by 36 Royalty prior to any purchase(s). Only one (1) promotional code may be used at a time and may NOT be combined. Further, there is a limit, at our complete and sole discretion, of one use per customer (name), email address, shipping address (billing and/or shipping) for select promotional codes.
All promotional codes have an expiration date. The expiration date will be stated next to the promotional code offer. If no expiration date is listed, the expiration date shall be ninety (90) days from the first publication of the promotional code on the Site.
We can not issue refunds for more than the original cost of purchase.
THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, 36 Royalty DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. 36 Royalty SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 36 Royalty THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.
36 ROYALTY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION APPEARING ON ANY COMMUNITY PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability
36 ROYALTY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, INCLUDING THE COMMUNITY, THE RESULTS GENERATED FROM THE USE OF THIS SITE, INCLUDING THE COMMUNITY, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 36 ROYALTY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO 36 Royalty IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
You will indemnify and hold 36 Royalty, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Site; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; (iii) your participation in any offline 36 Royalty event; and (iv) any acts or omissions by you or on your behalf with respect to any Content posted on the Site by you and/or any third party.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Clark County, Nevada, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS/Endispute (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Clark County, Nevada. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. Within seven (7) calendar days after appointment, the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for good cause shown and shall order a mutual exchange of what he/she determines to be relevant documents and the dates thereafter for the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) business days in aggregate for each party. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys’ fees to the prevailing party. The arbitrator shall make his or her award no later than seven (7) calendar days after the close of evidence or the submission of final briefs, whichever occurs later.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.
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.
You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of this Agreement, we may restrict, suspend, or terminate your access to all or any part of the Site, with or without notice. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law and you shall remain liable for any and all amounts due up to and including the date of termination.
If, for any reason, 36 Royalty fails to exercise or enforce any right or provision of these Terms Of Service, that 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 constitutes the entire agreement and understanding between you and us and govern your use of the Site, 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.
BY ACCESSING THIS SITE, IT WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THIS SITE AND/OR CREATE AN ACCOUNT.
Notice And Procedure For Making Claims Of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 36 Royalty with the written information specified below. Please note that this procedure is exclusively for notifying 36 Royalty that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your name (first and last), address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
36 Royalty’s notice of claims of copyright infringement on its Site can be reached as follows:
36 Royalty’s Legal Department
1001 E. Sunset Road
Las Vegas, NV 89119
Ph: (702) 701-0250
LAST MODIFIED: January 19, 2018