Terms of Service
Thank you for choosing our store for your festival apparel and accessories needs! We take pride in our print-on-demand bold, funny, unique apparel, and customizable products, and your satisfaction is our top priority. Below, we’ve outlined our terms of service:
TERMS OF SERVICE
This website is operated by Torched Llama. Throughout the site, “we,” “us,” and “our” refer to Torched Llama. Torched Llama offers this website, including all information, tools, and services available, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site or purchasing from us, you engage in our “Service” and agree to these terms. These Terms of Service include additional terms, conditions, and policies referenced herein or available by hyperlink. They apply to all users, including browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before using our website. By accessing any part of the site, you agree to these Terms of Service. If you do not agree to all terms, you may not use the website or services. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service.
New features or tools added to the store are also subject to these Terms of Service. You can review the most current version of the Terms of Service on this page at any time. We reserve the right to update or change any part of these Terms of Service by posting updates on our website. It is your responsibility to check this page periodically for changes. Your continued use of the website after any changes constitutes acceptance of those changes.
Our store is hosted through Woocommerce. They provide 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. If you are the age of majority, you consent to allow your minor dependents to use this site.
You may not use our products for illegal or unauthorized purposes. You must not violate any laws in your jurisdiction, including copyright laws, while using our Service.
You must not transmit any worms, viruses, or destructive code.
A breach of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
Your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks. It may also involve changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during network transfers.
You agree not to reproduce, duplicate, copy, sell, or exploit any part of the Service without express written permission from us.
Headings in this agreement are included for convenience only and do not limit 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 applicable)
Certain products or services are available exclusively online through the website. These products or services may have limited quantities. They are subject to return or exchange only according to our Return Policy.
We have made every effort to display the colors and images of our products accurately. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right to limit the sales of our products or services to any person, 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 pricing are subject to change without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.
We do not warrant that the quality of any products, services, or information will meet your expectations. We also do not warrant 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 limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same account, credit card, and/or billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our 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. This ensures we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions. We shall have no liability 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. You should ensure that you are familiar with and approve the terms provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website in the future. These new features and/or services will 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 websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials. We do not warrant and will not have any liability or responsibility for any third-party materials or websites. We also are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions made in connection with third-party websites. Please review third-party policies and practices carefully. Make sure you understand them before engaging in any transaction. Direct complaints, claims, concerns, or questions regarding third-party products to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send specific submissions at our request (e.g., contest entries) or without our request, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, ‘comments’). You agree that we may, without restriction, edit, copy, publish, distribute, translate, and use in any medium any comments you send us. We are under no obligation to maintain comments in confidence, to pay compensation for any comments, or to respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable. This includes content that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous, unlawful, abusive, or obscene material. They also must not contain any computer virus or malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any comments. You are solely responsible for the accuracy of any comments you make. 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. To view our Privacy Policy, please visit our website.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service with typographical errors, inaccuracies, or omissions. These errors may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information. We may also cancel orders if any information in the Service or on any related website is inaccurate, at any time, without prior notice, even 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 pricing information, except as required by law. No specified update or refresh date 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 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 to you.
You expressly agree that your use of the service is at your sole risk. The service and all products delivered through the service are provided ‘as is’ and ‘as available’ for your use. They are provided without any representations, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Torched Llama, 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 any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise. This applies to your use of any service or product procured using the service. It also applies to any other claim related in any way to your use of the service or any product. This includes any errors or omissions in any content or any loss or damage of any kind incurred as a result of using 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 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 Torched Llama and our parent, subsidiaries, affiliates, and partners. This includes officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees. You will hold them harmless from any claim or demand, including reasonable attorneys’ fees. This includes claims made by any third party due to your breach of these Terms of Service or the documents they reference. It also includes your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, it shall still be enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement.
These Terms of Service are effective unless 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. You may also terminate them by ceasing to use our site.
If we determine, in our sole judgment, that you have failed to comply with any term or provision of these Terms of Service, 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. We may also deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure 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 constitute the entire agreement between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. This includes 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 where we provide you Services shall be governed by the applicable laws.
SECTION 19 – CHANGES TO 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, 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 after any changes are posted constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Torched Llama is the right place for all festival apparel and accessories for the LGBTQ+ and allies.
