Terms of Service

Overview

Welcome to UNSILENCED! The terms "we", "us" and "our" refer to UNSILENCED. UNSILENCED operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). UNSILENCED is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device type and settings.

We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to depictions in our store. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

Section 3 - Orders

When you place an order, you are making an offer to purchase. UNSILENCED reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until UNSILENCED confirms acceptance.

All UNSILENCED products are made to order in small batches. Orders placed within an active sales window are produced collectively once that window closes. Cancellations are only possible while the sales window is open. Once a sales window closes and production begins, orders cannot be cancelled. If you need to cancel, contact us at info@unsilenced.co before the sales window closes.

Your purchases are subject to return or exchange solely in accordance with our Return and Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase and payment information for all purchases. You represent and warrant that the payment information you provide is true, correct, and complete, and that you are authorized to use the payment method provided.

Section 5 - Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 - Intellectual Property

Our Services, including all trademarks, brands, text, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by UNSILENCED, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

Section 7 - Optional Tools

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" without any warranties or endorsement. Any use of optional third-party tools is entirely at your own risk.

Section 8 - Third-Party Links

The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of any third-party websites. If you leave the Services to access third-party sites, you do so at your own risk.

Section 9 - Relationship with Shopify

UNSILENCED is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with UNSILENCED. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and UNSILENCED, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with UNSILENCED.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information about your access to and use of the Services. Review our Privacy Policy for more details.

Section 11 - Feedback

If you submit any ideas, suggestions, feedback, reviews, or proposals, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such feedback in any medium for any purpose. You represent and warrant that you own or have all necessary rights to all feedback submitted.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to violate any applicable laws or regulations, to infringe upon intellectual property rights, to transmit false or misleading information, or to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

Section 14 - Agents

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person and that can be executed without direct supervision.

No Agent may access or interact with Services unless it identifies itself and operates in strict accordance with our requirements. We may limit, including by technical measures, whether and how any Agent accesses the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Section 16 - Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY UNSILENCED, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 - Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL UNSILENCED, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, 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, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

Section 18 - Indemnification

You agree to indemnify, defend and hold harmless UNSILENCED, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.

Section 19 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.

Section 20 - Waiver; Entire Agreement

The failure of us 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 constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us.

Section 21 - Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 - Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Ireland. You and UNSILENCED consent to the exclusive jurisdiction of the courts of Ireland for any disputes arising out of or relating to these Terms or the Services.

If you are a consumer resident in another country, including the United States, Canada, or any EU member state, you retain the benefit of any mandatory consumer protections afforded by the laws of your country of residence.

Section 23 - Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms of Service at any time. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

Section 24 - Contact Information

Questions about the Terms of Service should be sent to us at info@unsilenced.co.

Europe
The Black Church
St. Mary's Place
Dublin 7, D07 P4AX
Ireland

North America
1065 SW 8th St #2438
Miami, FL 33130
United States