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Terms of Service

Last updated August 22, 2024

1. Agreement to Our Legal Terms

Welcome to Brainrot Shop (“Company,” “we,” “us”). By accessing or using our website brainrot-shop.com (the ‘Site’) and purchasing products or using our services (collectively, the ‘Products and Services’), you agree to these Terms of Service and our Privacy Policy. Our website is intended for users who are 13 years or older. We recommend saving a copy of these Legal Terms for your records.

2. Intellectual Property Rights

We own or license all intellectual property rights in the content of our website, including text, images, graphics, logo and design (collectively, “Content”). This Content is protected by copyright and other intellectual property laws.

You may view, download, or print Content for personal, non-commercial use only. You are not allowed to use, reproduce, or distribute any Content for commercial purposes without our written permission.

3. User Registration

You may be required to register in order to perform certain actions. You agree to provide accurate, current, and complete information. You further agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to modify or delete any username that we determine, in our sole discretion, to be inappropriate or objectionable.

4. Products

All products and services are subject to availability, and we cannot guarantee that items will always be in stock. We may also discontinue products or services at any time, change prices, or other details.

We make every effort to accurately represent the colors, features, and details of our products. However, due to variations in screen displays and the inherent differences in fabric color, texture, and printing techniques, there may be slight discrepancies between the appearance of the product on your screen and the actual product. We are not liable for any variations in design or color resulting from these factors.

5. Purchases and Payment

You agree to provide current, complete, and accurate purchase and account information for all orders. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

We reserve the right to correct any errors in pricing and to cancel orders resulting from such errors.

We reserve the right to refuse or limit orders and may restrict quantities per person, household, or order. Orders from dealers, resellers, or distributors may also be restricted.

6. Shipping and Delivery

By making a purchase from Brainrot Shop, you agree to the terms outlined in our Shipping Policy.

7. Refund Policy

By making a purchase from Brainrot Shop, you agree to the terms outlined in our Refund Policy.

8. User-Generated Content

If you submit content (such as reviews), please follow these guidelines:

  • Ownership: You must have the rights to any content you submit.
  • Authorization: Ensure that your content doesn’t infringe on others’ rights and that you have permissions where necessary.
  • Accuracy: Content should be truthful and not misleading.
  • No Spam: Avoid posting unsolicited or promotional material.
  • Appropriateness: Content must be respectful and not illegal or offensive.

We may review, modify, or remove any user-generated content at our discretion. By submitting content, you grant us a non-exclusive, worldwide license to use and distribute it.

9. Third-Party Websites and Content

Brainrot Shop may include links to third-party websites and content. We do not monitor or control these third parties and are not responsible for their content, accuracy, or policies. Accessing third-party sites or content is at your own risk, and our terms do not apply. Any transactions or interactions with third parties are solely between you and them. We do not endorse or assume liability for any third-party products or services.

10. Dispute Resolution

In the event of a dispute arising from or relating to these Terms of Service or your use of our Products or Services, the following dispute resolution procedures shall apply:

  • Good Faith Negotiations: You agree to first attempt to resolve any dispute informally by contacting us directly and engaging in good faith negotiations.
  • Arbitration: If a dispute cannot be resolved through good faith negotiations within 30 days, either party may choose to resolve the dispute by binding arbitration. Arbitration shall be conducted in accordance with the rules of the Latvian Arbitration Court. The arbitration shall take place in Riga, Latvia, and the language of the arbitration shall be English.
  • Governing Law: Any dispute resolution proceedings, whether through arbitration or court, will be governed by the laws of Latvia as detailed in the Governing Law section.
  • Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Latvia. You agree that any disputes arising out of or in connection with these Terms of Service shall be exclusively resolved by the courts located in Riga, Latvia, and you irrevocably submit to their jurisdiction. We also strive to comply with applicable international standards and regulations, including those related to data protection and intellectual property, to provide a safe and reliable experience for our users.

12. Disclaimer

The products provided by Brainrot Shop are offered on an “as-is” and “as-available” basis. Your use of our products, and website is at your own risk. To the maximum extent permitted by law, Brainrot Shop disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Brainrot Shop makes no warranties or representations regarding the accuracy, reliability, or completeness of the content on our website or any linked third-party websites. We will not be liable for any (1) errors, mistakes, or inaccuracies in content, (2) personal injury or property damage arising from your use of our website or products, (3) unauthorized access to or use of our servers and/or any personal or financial information stored therein, (4) interruption or discontinuation of transmission to or from our website, (5) bugs, viruses, or other harmful code that may be transmitted through our website by any third party, or (6) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.

As with any purchase made in any environment, you should use your best judgment and exercise caution where appropriate.

13. Limitations of Liability

To the maximum extent permitted by law, Brainrot Shop shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Site, Products or Services;
  • Any conduct or content of any third party on the Site;
  • Any content obtained from the Site; and
  • Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims relating to the Site, Products or Services exceed the amount you paid to us, if any, for the specific product or service in question.

14. Indemnification

You agree to indemnify, defend, and hold harmless Brainrot Shop, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, and expenses, including legal fees, arising out of or in connection with:

  • Your use of the Site, Products or Services;
  • Your breach of these Terms of Service;
  • Any content you submit or post on the Site;
  • Your violation of any law or the rights of a third party.

15. User Data

We may retain data you provide to manage and improve our services and customer experience. For details on how we handle your data, please refer to our Privacy Policy. We are not liable for any loss or corruption of data.

16. Electronic Communications, Transactions, and Signatures

When you visit our website, send us emails, or complete online forms, you are engaging in electronic communications. By doing so, you agree to receive communications from us electronically. All agreements, notices, disclosures, and other messages we send you electronically (via email or through our website) meet any legal requirements for written communication.

17. Miscellaneous

These Legal Terms, along with any policies or rules posted by us, form the entire agreement between you and us. Our failure to enforce any part of these Terms does not waive our right to do so later. These Terms are valid to the fullest extent allowed by law. We may transfer our rights and obligations to others at any time. We are not liable for any loss, damage, or delay caused by circumstances beyond our control. If any part of these Terms is found invalid or unenforceable, the remaining provisions remain in effect. These Terms do not create any partnership, employment, or agency relationship between you and us. These Terms will not be considered unfairly biased against us just because we drafted them, and you agree that the electronic format or lack of physical signatures does not invalidate these Terms.

18. Corrections

There may be information on the products that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the products at any time, without prior notice.

19. Contact Us

In order to resolve a complaint or to receive further information, please reach out to us at info@brainrot-shop.com.