Terms of Service

Introduction

Welcome to MyCityMerch (also doing business as My City Merch and My City Merchandise), your premier destination for unique city-themed merchandise. We're thrilled to have you explore our collection and take advantage of the services we offer.

By accessing our website and utilizing our services, you enter into a legal agreement with us, agreeing to comply with and be bound by the following Terms of Service. This agreement meticulously outlines your legal rights and responsibilities, as well as ours, ensuring we provide you with a seamless and enjoyable shopping experience.

Important Considerations

Age Restrictions: The services offered by MyCityMerch are not intended for individuals under the age of 13. Furthermore, users under the age of 18 must obtain permission from a parent or legal guardian to access and use our services.

Consent and Acknowledgement: By continuing to use our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. The Privacy Policy explains how we handle your personal data with care and respect, aligning with our commitment to your privacy rights.

Disagreement: If, for any reason, you do not agree with these terms or cannot comply with any part of them, we kindly ask that you refrain from using our site and services.

We encourage you to read these terms carefully before engaging with our site and services. Understanding these terms is essential for ensuring a mutually beneficial relationship as you explore and purchase from our selection of city-themed merchandise.

Definitions

This section defines key terms used within the Terms of Service for MyCityMerch to ensure clarity and mutual understanding between MyCityMerch and its users.

Service: The term "Service" encompasses the MyCityMerch website (also doing business as My City Merch and My City Merchandise), along with any related services, tools, applications, or functionalities provided by MyCityMerch.

User, You, and Your: These terms refer to any individual or entity that accesses or uses the Service in any manner, whether by browsing the website, making purchases, engaging with interactive features, or contributing content.

Content: "Content" includes, but is not limited to, text, images, videos, audio, graphics, and any other material made available on or through the Service. This encompasses both material provided by MyCityMerch and content generated by users.

User-Generated Content: This term describes any and all materials that users post, upload, share, or otherwise contribute to the Service. Examples include comments, reviews, photos, and other types of submissions by users.

We, Us, and Our: These pronouns are used to refer to MyCityMerch and, where applicable, include any and all of MyCityMerch’s affiliates, subsidiaries, and operational entities.

Terms, Terms of Service, or Agreement: These terms are used interchangeably to refer to this document, which sets forth the legally binding rules, guidelines, and conditions for using the Service.

Privacy Policy: The Privacy Policy is a document, accessible on the MyCityMerch website, that details how MyCityMerch collects, uses, protects, and shares the personal information of its users. You can read the Privacy Policy here.

User Accounts

To enhance your experience on MyCityMerch, users have the option to create personal accounts. Account creation unlocks exclusive features, including a personalized shopping experience and order tracking capabilities.

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. MyCityMerch cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

We reserve the right to suspend or terminate accounts, refuse service, remove or edit content, or cancel orders in our sole discretion, for any reason or no reason.

Privacy Policy

MyCityMerch is committed to safeguarding the privacy of our users. Our Privacy Policy details how we collect, use, share, and protect personal information within the scope of our Service. This policy applies solely to information collected through our Service and does not extend to information collected offline or by third parties.

Understanding your privacy rights is crucial. Our Privacy Policy explains the types of personal information we collect, the purposes for which we use it, how we protect it, your rights regarding your personal information, and how you can exercise those rights. We are dedicated to transparency and empowering you to make informed decisions about your personal information.

For comprehensive details about how we manage your account information and protect your privacy, please refer to our User Account Information page and Privacy Policy respectively, available on our website. By using our Service, you consent to our collection, use, and sharing of your personal information as outlined in our Privacy Policy.

Prohibited Activities

Users of MyCityMerch are strictly prohibited from engaging in any activities on our platform that are illegal, harmful, or infringe on the rights of others. This includes, but is not limited to:

  1. Engaging in any illegal activities or facilitating unlawful acts.
  2. Distributing malware or viruses, or any other technology designed to disrupt or damage the Service or the use of the Service by other users.
  3. Sending unsolicited communications, including spam or other forms of solicitation.
  4. Infringing on the intellectual property rights of MyCityMerch, our users, or any third party.
  5. Participating in harassment, bullying, defamation, or spreading hate speech against any individual or group.
  6. Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Intellectual Property Rights

All content displayed on MyCityMerch, including but not limited to text, graphics, logos, images, and software, is the exclusive property of MyCityMerch or its content suppliers and protected by U.S. and international intellectual property laws. MyCityMerch grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service strictly in accordance with these Terms.

This license does not include any rights to:

  1. Resell or commercially use the Service or its contents.
  2. Collect and use any product listings, descriptions, or prices.
  3. Make derivative uses of the Service and its contents.
  4. Use any data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms are reserved and retained by MyCityMerch or its licensors, suppliers, publishers, rights holders, or other content providers.

User-Generated Content

MyCityMerch allows users to post, submit, publish, display, or transmit content and materials, provided they have all necessary rights to such content and it does not infringe upon or violate the rights of any third party. By posting content on or through the Service, you grant MyCityMerch a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  1. You own or control all rights in and to the user-generated content and have the right to grant the license granted above to us and our licensees, successors, and assigns.
  2. Your content does not violate the privacy, publicity, intellectual property rights, or other legal rights of any third party.
  3. Your content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise objectionable.

MyCityMerch has the right, but not the obligation, to monitor and edit or remove any user-generated content. MyCityMerch takes no responsibility and assumes no liability for any content posted by you or any third party.

Termination of Use

MyCityMerch reserves the right, at its sole discretion, to terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, but not limited to, breaches of these Terms, engagement in illegal or fraudulent activities, security breaches, or failure to pay any fees owed to us. Whenever feasible, we will notify you about the termination or suspension of your account via email. Upon termination or suspension, your right to use the Service will cease immediately. You must discontinue all use of the Service, and we reserve the right to delete your account and any related information. Notwithstanding termination or suspension, certain provisions of these Terms, which by their nature should survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, will remain in effect.

Disclaimers and Limitation of Liability

MyCityMerch provides the Service on an 'AS IS' and 'AS AVAILABLE' basis without any warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. While MyCityMerch offers a 12-month warranty on products branded by MyCityMerch against defects in materials and workmanship, this warranty does not extend to normal wear and tear, accidental damage, misuse, unauthorized modifications, or cosmetic damage. For products manufactured by third parties, warranty terms may vary and are provided by the manufacturers.

Notwithstanding any product warranties, MyCityMerch's liability shall be limited to the purchase price of the product. Under no circumstances will MyCityMerch be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the Service, even if advised of the possibility of such damages. Certain jurisdictions 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.

Indemnification

You agree to indemnify, defend, and hold harmless MyCityMerch, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your Internet account.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions. However, you may have rights under the laws of the jurisdiction in which you reside, and nothing in these Terms affects your rights as a consumer to rely on such local laws.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. This clause ensures that the terms are interpreted in a manner that is fair and legally sound, respecting the integrity of the agreement even if parts of it are deemed not applicable.

Changes to the Terms of Service

MyCityMerch reserves the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will strive to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Information

Should you have any questions or concerns regarding these Terms of Service, please do not hesitate to contact us. We are available through various methods:

Email: For email inquiries, reach out to us at legal@mycitymerch.com.

Physical Address: You can also send mail to our physical address at 3400 Cottage Way, Ste G2 #13042, Sacramento, California 95825, USA.

Phone Number: For direct communication, call us at 877-740-5795 (9am-5pm PT Monday-Friday).

All inquiries should be directed to "Legal." We value your feedback and are committed to promptly addressing your concerns with the respect and attention you deserve.