Terms of service

Terms of Service

OVERVIEW

This website is operated by Custom Poke Cards Store. Throughout the site, the terms “we,” “us,” and “our” refer to Custom Poke Cards Store. Custom Poke Cards Store provides this website, including all information, tools, products, 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 website and/or purchasing something from us, you use our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, vendors, merchants, and content contributors.

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 these Terms. If you do not agree to all terms and conditions of this agreement, you may not access the website or use our services.

Any new features, products, or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes on our website. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

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

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent for any minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction, including copyright laws, while using the Service.

You must not transmit viruses, worms, malware, or any destructive code.

Any breach or violation of these Terms may result in immediate termination of your access to the Service.

Orders may be canceled within 12 hours of purchase. After the 12-hour cancellation window has passed, we may not be able to cancel the order, especially if production or processing has already started.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks or changes to conform 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, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information available on this website is inaccurate, incomplete, or outdated. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources.

Any reliance on the material on this site is at your own risk.

This site may contain historical information, which is provided for reference only and may not be current. We reserve the right to modify the contents of this site at any time, but we are not obligated to update information. 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 to modify or discontinue the Service, or any part or content of it, at any time without notice.

We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES

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 & Refund Policy.

We make every reasonable effort to display product colors and images as accurately as possible. However, we cannot guarantee that your device or monitor will display colors accurately.

We reserve the right, but are not obligated, to limit 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 we offer. Product descriptions and 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 guarantee 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 placed with us. We may, at 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, or orders using the same billing or shipping address.

If we change or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

We reserve the right to limit or prohibit orders that we believe, 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 payment details, so we can complete transactions and contact you as needed.

For more details, please review our Return & Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to these tools “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind.

We are not liable for any issue arising from or related to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party providers.

We may offer new services, features, tools, or resources in the future. These will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this website may direct you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating their content or accuracy, and we do not warrant or assume liability for third-party materials, websites, products, or services.

We are not liable for any harm or damages related to purchases, use of goods or services, resources, content, or any other transactions made through third-party websites.

Please review third-party policies and practices carefully before engaging in any transaction. Questions or complaints about third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send us submissions, ideas, suggestions, proposals, plans, feedback, or other materials, whether requested by us or sent voluntarily, online, by email, by postal mail, or otherwise, you agree that we may edit, copy, publish, distribute, translate, and otherwise use those submissions in any medium without restriction.

We are not obligated to maintain comments in confidence, pay compensation for comments, or respond to comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine is unlawful, offensive, threatening, defamatory, obscene, abusive, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or proprietary rights.

You further agree that your comments will not contain unlawful, abusive, obscene, or malicious material, including computer viruses or malware that could affect the Service or any related website.

You may not use a false email address, impersonate another person, or mislead us or third parties about the origin of any comments.

You are solely responsible for the comments you make and their accuracy. We assume no responsibility or liability for 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, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct 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 and without prior notice, including after you have submitted your order.

We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.

No specified update or refresh date in the Service or on any related website should be taken to mean that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other restrictions in these Terms of Service, you are prohibited from using the site or its content:

- For any unlawful purpose
- To solicit others to perform or participate in unlawful acts
- To violate any international, federal, provincial, state, or local laws or regulations
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- To submit false or misleading information
- To upload or transmit viruses or malicious code
- To collect or track the personal information of others
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose
- To interfere with or bypass the security features of the Service, related websites, other websites, or the Internet

We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.

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 results obtained from using the Service will be accurate or reliable.

You agree that we may remove the Service for indefinite periods or cancel the Service at any time without notice.

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 through the Service are provided “as is” and “as available,” except where expressly stated by us, without any warranties, representations, or conditions of any kind, either express or implied.

This includes, without limitation, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Custom Poke Cards Store, 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.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Service or any products purchased through the Service.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those jurisdictions will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Custom Poke Cards Store and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of these Terms or the documents they incorporate by reference, or your violation of any law or third-party rights.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be considered severed from these Terms, and such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities incurred before the termination date will survive termination of this agreement for all purposes.

These Terms remain effective unless and until terminated by either you or us.

You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing use of 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, we may terminate this agreement at any time without notice.

You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part of them.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or related to the Service, constitute the entire agreement and understanding between you and us.

They govern your use of the Service and replace any prior or current agreements, communications, and proposals, whether oral or written, between you and us, including prior versions of the Terms.

Any ambiguity in the interpretation of these Terms will not be interpreted against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide services to you shall be governed by and interpreted in accordance with the laws applicable to:

1500 N Grant St STE N, Denver, Colorado 80203, United States

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates or changes on our website.

It is your responsibility to check this page periodically for changes.

Your continued use of or access to our website or the Service after changes are posted means you accept those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

contact@cardscustompoke.com