ALL SALES ARE FINAL ONCE ORDERS HAVE SHIPPED.

IF YOU WISH TO CANCEL OR AMEND YOUR ORDER, PLEASE USE THE LINK PROVIDED IN YOUR CONFIRMATION EMAIL.

ONCE YOUR ORDER HAS SHIPPED, YOU MAY BE ELIGIBLE FOR A REPLACEMENT / RESOLUTION DEPENDING ON THE SITUATION. AFTER YOU’VE RECEIVED YOUR ORDER, YOU HAVE 30 DAYS TO ADDRESS ANY QUALITY ISSUES.

FOR THE FASTEST RESOLUTION, PLEASE SEND A PHOTOGRAPH DEMONSTRATING THE QUALITY ISSUE OF THE PRINT OR THE DAMAGED AREA OF THE ITEM TO support@mogulmerch.gg. THE MOST OPTIMAL PICTURES ARE ON A FLAT SURFACE, WITH THE TAG AND ERROR CLEARLY DISPLAYED. DUE TO ITEM AVAILABILITY DAMAGED ITEMS WILL LIKELY BE REFUNDED AND NOT REPLACED

PAYPAL: ANY REFUNDS PROCESSED WILL SHOW BACK UP IN YOUR PAYPAL ACCOUNT BALANCE WITHIN 24 BUSINESS HOURS.

CREDIT CARD: ANY REFUNDS PROCESSED VIA YOUR CREDIT/DEBIT CARD WILL SHOW BACK UP IN YOUR BANK ACCOUNT WITHIN 7 TO 10 BUSINESS DAYS DEPENDING ON YOUR BANK.

LAST UPDATED: 3/20/2021

WELCOME, AND THANK YOU FOR YOUR INTEREST IN THE Swipe STORE (“CREATOR,” “WE,” OR “US”) AND OUR WEBSITE AT bidet.gg, PROVIDED THROUGH FOURTHWALL, (THE “SERVICE”). THESE TERMS OF SERVICE ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND CREATOR REGARDING YOUR USE OF THE SERVICE.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CREATOR’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND CREATOR’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CREATOR AND BY YOU TO BE BOUND BY THESE TERMS.

CREATOR SERVICE OVERVIEW. WE OFFER A WEBSITE WHERE YOU CAN PURCHASE MERCHANDISE THAT WE MAKE AVAILABLE FOR SALE, INCLUDING DIGITAL PRODUCTS AND MEMBERSHIPS (“MEMBERSHIPS” AND, COLLECTIVELY WITH ALL OTHER MERCHANDISE, “PRODUCTS”).

ELIGIBILITY. YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SERVICE. BY AGREEING TO THESE TERMS, YOU REPRESENT AND WARRANT TO US THAT: (A) YOU ARE AT LEAST 13 YEARS OLD;(B) YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SERVICE; AND (C) YOUR REGISTRATION AND YOUR USE OF THE SERVICE IS IN COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU ARE AN ENTITY, ORGANIZATION, OR CREATOR, THE INDIVIDUAL ACCEPTING THESE TERMS ON YOUR BEHALF REPRESENTS AND WARRANTS THAT THEY HAVE AUTHORITY TO BIND YOU TO THESE TERMS AND YOU AGREE TO BE BOUND BY THESE TERMS.

ACCOUNTS AND REGISTRATION. TO ACCESS ANY MEMBERSHIP, YOU MUST REGISTER FOR AN ACCOUNT. WHEN YOU REGISTER FOR AN ACCOUNT, YOU MAY BE REQUIRED TO PROVIDE US WITH SOME INFORMATION ABOUT YOURSELF, SUCH AS YOUR NAME, EMAIL ADDRESS, OR OTHER CONTACT INFORMATION. YOU AGREE THAT THE INFORMATION YOU PROVIDE TO US IS ACCURATE AND THAT YOU WILL KEEP IT ACCURATE AND UP-TO-DATE AT ALL TIMES. WHEN YOU REGISTER, YOUWILL BE ASKED TO PROVIDE A PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PASSWORD, AND YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. IF YOU BELIEVE THAT YOUR ACCOUNT IS NO LONGERSECURE, THEN YOU MUST IMMEDIATELY NOTIFY US AT support@mogulmerch.gg.

GENERAL PAYMENT TERMS. PURCHASE OF ANY PRODUCT THROUGH THE SERVICE MAY REQUIRE YOU TO PAY FEES. BEFORE YOU PAY ANY FEES, YOU WILL HAVE AN OPPORTUNITY TO REVIEW AND ACCEPT THE FEES THAT YOU WILL BE CHARGED. ALL FEES ARE IN U.S. DOLLARS.

PRICE. CREATOR RESERVES THE RIGHT TO DETERMINE PRICING FOR ALL PRODUCTS AND MEMBERSHIPS. CREATOR WILL MAKE REASONABLE EFFORTS TO KEEP PRICING INFORMATION PUBLISHED ON THE WEBSITE UP TO DATE. WE ENCOURAGE YOU TO CHECK OUR WEBSITE PERIODICALLY FOR CURRENT PRICING INFORMATION. CREATOR MAY CHANGE THE FEES FOR ANY PRODUCT OR MEMBERSHIP IF THE CREATOR GIVES YOU ADVANCE NOTICE OF CHANGES BEFORE THEY APPLY. CREATOR, AT ITS SOLE DISCRETION, MAY MAKE PROMOTIONAL OFFERS WITH DIFFERENT FEATURES AND DIFFERENT PRICING TO ANY OF THE CREATOR’S CUSTOMERS. THESE PROMOTIONAL OFFERS, UNLESS MADE TO YOU, WILL NOT APPLY TO YOUR OFFER OR THESE TERMS.

AUTHORIZATION. YOU AUTHORIZE THE CREATOR AND ITS THIRD PARTY PAYMENT PROCESSORS TO CHARGE ALL SUMS FOR THE PRODUCTS YOU PURCHASE AND MEMBERSHIPS YOU SUBSCRIBE TO, INCLUDING ALL APPLICABLE TAXES, TO THE PAYMENT METHOD SPECIFIED IN YOUR ACCOUNT. IF YOU PAY ANY FEES WITH A CREDIT CARD, CREATOR OR ITS THIRD PARTY PAYMENT PROCESSORS MAY SEEK PRE-AUTHORIZATION OF YOUR CREDIT CARD ACCOUNT PRIOR TO YOUR PURCHASE TO VERIFY THAT THE CREDIT CARD IS VALID AND HAS THE NECESSARY FUNDS OR CREDIT AVAILABLE TO COVER YOUR PURCHASE.

MEMBERSHIPS. MEMBERSHIPS MAY INCLUDE AUTOMATICALLY RECURRING PAYMENTS FOR PERIODIC CHARGES.IF YOU ACTIVATE SUCH A MEMBERSHIP, YOU AUTHORIZE THE CREATOR OR ITS THIRD PARTY PAYMENT PROCESSORS TO PERIODICALLY CHARGE, ON A GOING-FORWARD BASIS AND UNTIL CANCELLATION OF EITHER THE RECURRING PAYMENTS OR THE APPLICABLE MEMBERSHIP, ALL ACCRUED SUMS ON OR BEFORE THE PAYMENT DUE DATE FOR THE ACCRUED SUMS. THE “MEMBERSHIP BILLING DATE” IS THE DATE WHEN YOU PURCHASE THE APPLICABLE MEMBERSHIP. YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE MEMBERSHIP BILLING DATE ALL APPLICABLE FEES AND TAXES FOR THE NEXT MEMBERSHIP PERIOD. THE MEMBERSHIP WILL CONTINUE UNLESS AND UNTIL YOU CANCEL YOUR MEMBERSHIP OR WE TERMINATE IT. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC MEMBERSHIP FEE TO YOUR ACCOUNT.CREATOR OR ITS THIRD PARTY PAYMENT PROCESSOR WILL BILL THE PERIODIC MEMBERSHIP FEE TO THE PAYMENT METHOD YOU PROVIDE TO US DURING REGISTRATION (OR TO A DIFFERENT PAYMENT METHOD IF YOU CHANGE YOUR PAYMENT INFORMATION). YOU MAY CANCEL THE MEMBERSHIP support@mogulmerch.gg.

RETURNS AND REFUNDS. WE WILL ACCEPT ALL RETURNS FOR DEFECTIVE PRODUCTS MADE WITHIN 30 DAYS OF THE PURCHASE DATE (“RETURNS”). WE WILL ISSUE YOU AFULL REFUND FOR ALL RETURNS AND WILL PAY FOR THE RETURN SHIPPING OF ANY RETURN IF SUCH SHIPPING IS REQUIRED. WE WILL NOT ACCEPT ANY RETURNS OF, NOR ISSUE ANY REFUNDS FOR, ANY PRODUCTS THAT ARE NOT DEFECTIVE.

SHIPPING AND DELIVERY. ALL PRODUCTS PURCHASED THROUGH THE SERVICE WILL BE SHIPPED ACCORDING TO THE TERMS PROVIDED AT THE TIME OF PURCHASE TO THE SHIPPING ADDRESS YOU PROVIDE TO US. YOU WILL BE RESPONSIBLE FOR ALL SHIPPING COSTS, WHICH WILL BE SPECIFIED FOR YOU AT CHECKOUT.

LICENSES

LIMITED LICENSE. SUBJECT TO YOUR COMPLETE AND ONGOING COMPLIANCE WITH THESE TERMS, CREATOR GRANTS YOU, SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE, A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE, REVOCABLE LICENSE TO ACCESS AND USE THE SERVICE AND ANY MEMBERSHIPS TO WHICH YOU HAVE SUBSCRIBED DURING THE TERM OF YOUR SUBSCRIPTION.

LICENSE RESTRICTIONS. EXCEPT AND SOLELY TO THE EXTENT SUCH A RESTRICTION IS IMPERMISSIBLE UNDER APPLICABLE LAW, YOU MAY NOT: (A) REPRODUCE, DISTRIBUTE, PUBLICLY DISPLAY, OR PUBLICLY PERFORM THE SERVICE; (B) MAKE MODIFICATIONS TO THE SERVICE; OR (C) INTERFERE WITH OR CIRCUMVENT ANY FEATURE OF THE SERVICE, INCLUDING ANY SECURITY OR ACCESS CONTROL MECHANISM. IF YOU ARE PROHIBITED UNDER APPLICABLE LAW FROM USING THE SERVICE, YOU MAY NOT USE IT.

FEEDBACK. IF YOU CHOOSE TO PROVIDE INPUT AND SUGGESTIONS REGARDING PROBLEMS WITH OR PROPOSED MODIFICATIONS OR IMPROVEMENTS TO THE SERVICE OR ANY PRODUCTS (“FEEDBACK”), THEN YOU HEREBY GRANT CREATOR AN UNRESTRICTED, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE, FULLY-PAID, ROYALTY-FREE RIGHT TO EXPLOIT THE FEEDBACK IN ANY MANNER AND FOR ANY PURPOSE, INCLUDING TO IMPROVE THE SERVICE AND CREATE OTHER PRODUCTS AND SERVICES.

OWNERSHIP; PROPRIETARY RIGHTS. THE SERVICE IS OWNED AND OPERATED BY THE CREATOR. THE VISUAL INTERFACES, GRAPHICS, DESIGN, COMPILATION, INFORMATION, DATA, COMPUTER CODE (INCLUDING SOURCE CODE OR OBJECT CODE), PRODUCTS, SOFTWARE, SERVICES, AND ALL OTHER ELEMENTS OF THE SERVICE AND PRODUCTS (“MATERIALS”) PROVIDED BY THE CREATOR ARE PROTECTED BY INTELLECTUAL PROPERTY AND OTHER LAWS. ALL MATERIALS INCLUDED IN THE SERVICE ARE THE PROPERTY OF CREATOR OR ITS THIRD PARTY LICENSORS. EXCEPT AS EXPRESSLY AUTHORIZED BY THE CREATOR, YOU MAY NOT MAKE USE OF THE MATERIALS. CREATOR RESERVES ALL RIGHTS TO THE MATERIALS NOT GRANTED EXPRESSLY IN THESE TERMS.

PROHIBITED CONDUCT. BY USING THE SERVICE YOU AGREE NOT TO:

USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW; VIOLATE, OR ENCOURAGE OTHERS TO VIOLATE, ANY RIGHT OF A THIRD PARTY, INCLUDING BY INFRINGING OR MISAPPROPRIATING ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT; INTERFERE WITH SECURITY-RELATED FEATURES OF THE SERVICE, INCLUDING BY: (I) DISABLING OR CIRCUMVENTING FEATURES THAT PREVENT OR LIMIT USE OR COPYING OF ANY CONTENT; OR (II) REVERSE ENGINEERING OR OTHERWISE ATTEMPTING TO DISCOVER THE SOURCECODE OF ANY PORTION OF THE SERVICE EXCEPT TO THE EXTENT THAT THE ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW; INTERFERE WITH THE OPERATION OF THE SERVICE OR ANY USER’S ENJOYMENT OF THE SERVICE, INCLUDING BY: (I) UPLOADING OR OTHERWISE DISSEMINATING ANY VIRUS, ADWARE, SPYWARE, WORM, OR OTHER MALICIOUS CODE; (II) MAKING ANY UNSOLICITED OFFEROR ADVERTISEMENT TO ANOTHER USER OF THE SERVICE; (III) COLLECTING PERSONAL INFORMATION ABOUT ANOTHER USER OR THIRD PARTY WITHOUT CONSENT; OR (IV) INTERFERING WITH OR DISRUPTING ANY NETWORK, EQUIPMENT, OR SERVER CONNECTED TO OR USED TO PROVIDE THE SERVICE; PERFORM ANY FRAUDULENT ACTIVITY INCLUDING IMPERSONATING ANY PERSON OR ENTITY, CLAIMING A FALSE AFFILIATION, ACCESSING ANY OTHER SERVICE ACCOUNT WITHOUT PERMISSION, OR FALSIFYING YOUR AGE OR DATE OF BIRTH; SELL OR OTHERWISE TRANSFER THE ACCESS GRANTED UNDER THESE TERMS OR ANY MATERIALS (AS DEFINED IN SECTION 6) OR ANY RIGHT OR ABILITY TO VIEW, ACCESS, OR USE ANY MATERIALS; OR ATTEMPT TO DO ANY OF THE ACTS DESCRIBED IN THIS SECTION 7 OR ASSIST ORPERMIT ANY PERSON IN ENGAGING IN ANY OF THE ACTS DESCRIBED IN THIS SECTION 7. MODIFICATION OF THESE TERMS. WE RESERVE THE RIGHT TO CHANGE THESE TERMS ON A GOING-FORWARD BASIS AT ANY TIME. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. IF A CHANGE TO THESE TERMS MATERIALLY MODIFIES YOUR RIGHTS OR OBLIGATIONS, WE MAY REQUIRE THAT YOU ACCEPT THE MODIFIED TERMS IN ORDER TO CONTINUE TO USE THE SERVICE. MATERIAL MODIFICATIONS ARE EFFECTIVE UPON YOUR ACCEPTANCE OF THE MODIFIED TERMS. IMMATERIAL MODIFICATIONS ARE EFFECTIVE UPON PUBLICATION. EXCEPT AS EXPRESSLY PERMITTED IN THIS SECTION 8, THESE TERMS MAY BE AMENDED ONLY BY A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF THE PARTIES TO THESE TERMS. DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED IN ACCORDANCE WITH THE VERSION OF THESE TERMS THAT WAS IN EFFECT AT THE TIME THE DISPUTE AROSE.

TERM, TERMINATION AND MODIFICATION OF THE SERVICE

TERM. THESE TERMS ARE EFFECTIVE BEGINNING WHEN YOU ACCEPT THE TERMS OR FIRST ACCESS OR USE THE SERVICE, AND ENDING WHEN TERMINATED AS DESCRIBED IN SECTION 9.2.

TERMINATION. IF YOU VIOLATE ANY PROVISION OF THESE TERMS, YOUR AUTHORIZATION TO ACCESS THE SERVICE AND THESE TERMS AUTOMATICALLY TERMINATE. IN ADDITION, CREATOR OR FOURTHWALL MAY, AT EITHER OF THEIR SOLE DISCRETION, TERMINATE THESE TERMS OR YOUR ACCOUNT ON THE SERVICE, OR SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. YOU MAY TERMINATE YOUR ACCOUNT AND THESE TERMS AT ANY TIME BY CONTACTING CUSTOMER SERVICE AT support@mogulmerch.gg.

EFFECT OF TERMINATION. UPON TERMINATION OF THESE TERMS: (A) YOUR LICENSE RIGHTS WILL TERMINATE AND YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE; (B) YOU WILL NO LONGER BE AUTHORIZED TO ACCESS YOUR ACCOUNT OR THESERVICE; (C) YOU MUST PAY CREATOR ANY UNPAID AMOUNT THAT WAS DUE PRIOR TO TERMINATION; AND (D) ALL PAYMENT OBLIGATIONS ACCRUED PRIOR TO TERMINATION AND SECTIONS 5.3, 6, 9.3, 10, 11, 12, AND 13 WILL SURVIVE.

MODIFICATION OF THE SERVICE. CREATOR RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SERVICE AT ANY TIME (INCLUDING BY LIMITING OR DISCONTINUING CERTAIN FEATURES OF THE SERVICE), TEMPORARILY OR PERMANENTLY, WITHOUT NOTICE TO YOU. CREATOR WILL HAVE NO LIABILITY FOR ANY CHANGE TO THE SERVICE OR ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO OR USE OF THE SERVICE.

INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICE, AND YOU WILL DEFEND AND INDEMNIFY CREATOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES AND AGENTS AND FOURTHWALL (TOGETHER,THE “CREATOR ENTITIES”) FROM AND AGAINST EVERY CLAIM BROUGHT BY A THIRD PARTY, AND ANY RELATED LIABILITY, DAMAGE, LOSS, AND EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR CONNECTED WITH: (A) YOUR UNAUTHORIZED USE OF, OR MISUSE OF, THE SERVICE; (B) YOUR VIOLATION OF ANY PORTION OF THESE TERMS, ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED IN THESE TERMS, OR ANY APPLICABLE LAW OR REGULATION; (C) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT OR PUBLICITY, CONFIDENTIALITY, OTHER PROPERTY, OR PRIVACY RIGHT; OR (D) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY THIRD PARTY. WE RESERVE THE RIGHT, ATOUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU (WITHOUT LIMITING YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THAT MATTER), AND IN THAT CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THOSE CLAIMS.

DISCLAIMERS; NO WARRANTIES

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CREATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS ORIMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BYYOU FROM THE SERVICE OR CREATOR ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CREATOR ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

WE PROVIDE THE SERVICES THROUGH FOURTHWALL BUT THESE TERMS AND ANY PURCHASES OF PRODUCTS ARE SOLELY BETWEEN YOU AND CREATOR. YOU HEREBY ACKNOWLEDGE THAT FOURTHWALL IS NOT A PARTY TO, AND WILL HAVE NO LIABILITY RESULTING FROM, THESE TERMS, ANY DAMAGES OR LOSSES YOU INCUR AS A RESULT OF USING THE SERVICE, OR THE PURCHASE OF PRODUCTS.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CREATOR DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CREATOR IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CREATOR ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT,TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CREATOR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CREATOR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO CREATOR FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

MISCELLANEOUS

GENERAL TERMS. THESE TERMS, TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER AGREEMENTS EXPRESSLY INCORPORATED BY REFERENCE INTO THESE TERMS, ARE THE ENTIRE AND EXCLUSIVE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND CREATOR REGARDING YOUR USE OF THE SERVICE. YOU MAY NOT ASSIGN OR TRANSFER THESE TERMS OR YOUR RIGHTS UNDER THESE TERMS, IN WHOLE OR IN PART,BY OPERATION OF LAW OR OTHERWISE, WITHOUT OUR PRIOR WRITTEN CONSENT. WE MAY ASSIGN THESE TERMS AT ANY TIME WITHOUT NOTICE OR CONSENT. THE FAILURE TO REQUIRE PERFORMANCE OF ANY PROVISION WILL NOT AFFECT OUR RIGHT TO REQUIRE PERFORMANCE AT ANY OTHER TIME AFTER THAT, NOR WILL A WAIVER BY US OF ANY BREACH OR DEFAULT OF THESE TERMS, OR ANY PROVISION OF THESE TERMS, BE A WAIVER OF ANY SUBSEQUENT BREACH OR DEFAULT OR A WAIVER OF THE PROVISION ITSELF. USE OF SECTION HEADERS IN THESE TERMS IS FOR CONVENIENCE ONLY AND WILL NOT HAVE ANY IMPACT ON THE INTERPRETATION OF ANY PROVISION. THROUGHOUTTHESE TERMS THE USE OF THE WORD “INCLUDING” MEANS “INCLUDING BUT NOT LIMITED TO”. IF ANY PART OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, THE UNENFORCEABLE PART WILL BE GIVEN EFFECT TO THE GREATEST EXTENT POSSIBLE, AND THE REMAINING PARTS WILL REMAIN IN FULL FORCE AND EFFECT.

GOVERNING LAW. THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. YOU AND CREATOR SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE STATE COURTS AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA FOR RESOLUTION OF ANY LAWSUIT OR COURT PROCEEDING PERMITTED UNDER THESE TERMS.

PRIVACY POLICY. PLEASE READ THE CREATOR PRIVACY POLICY CAREFULLY FOR INFORMATION RELATING TO OUR COLLECTION, USE,STORAGE, DISCLOSURE OF YOUR PERSONAL INFORMATION. THE CREATOR PRIVACY POLICY IS INCORPORATED BY THIS REFERENCE INTO, AND MADE A PART OF, THESE TERMS.

ADDITIONAL TERMS. YOUR USE OF THE SERVICE IS SUBJECT TO ALL ADDITIONAL TERMS, POLICIES, RULES, OR GUIDELINES APPLICABLE TO THE SERVICE OR CERTAIN FEATURES OF THE SERVICE THAT WE MAY POST ON OR LINK TO FROM THE SERVICE (THE “ADDITIONAL TERMS”). ALL ADDITIONAL TERMS ARE INCORPORATED BY THIS REFERENCE INTO, AND MADE A PART OF, THESE TERMS.

CONSENT TO ELECTRONIC COMMUNICATIONS. BY USING THE SERVICE, YOU CONSENT TO RECEIVING CERTAIN ELECTRONIC COMMUNICATIONS FROM US AS FURTHER DESCRIBED IN OUR PRIVACY POLICY. PLEASE READ OUR PRIVACY POLICY TO LEARN MORE ABOUT OUR ELECTRONIC COMMUNICATIONS PRACTICES. YOU AGREE THAT ANY NOTICES, AGREEMENTS, DISCLOSURES, OR OTHER COMMUNICATIONS THAT WE SEND TO YOU ELECTRONICALLY WILL SATISFY ANY LEGAL COMMUNICATION REQUIREMENTS, INCLUDING THAT THOSE COMMUNICATIONS BE IN WRITING.

CONTACT INFORMATION. THE SERVICE IS OFFERED BY MOGUL MOVES. YOU MAY CONTACT US BY SENDING CORRESPONDENCE BY EMAILING US AT support@mogulmerch.gg.

NOTICE TO CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT, UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, YOU MAY CONTACT THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS IN WRITING AT 1625 N. MARKET BLVD., SUITE S-202, SACRAMENTO, CALIFORNIA 95834, OR BY TELEPHONE AT (800) 952-5210 IN ORDER TO RESOLVE A COMPLAINT REGARDING THE SERVICE OR TO RECEIVE FURTHER INFORMATION REGARDING USE OF THE SERVICE.

NO SUPPORT. WE ARE UNDER NO OBLIGATION TO PROVIDE SUPPORT FOR THE SERVICE. IN INSTANCES WHERE WE MAY OFFER SUPPORT, THE SUPPORT WILL BE SUBJECT TO PUBLISHED POLICIES.

INTERNATIONAL USE. THE SERVICE IS INTENDED FOR VISITORS LOCATED WITHIN THE UNITED STATES. WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. ACCESS TO THE SERVICE FROM COUNTRIES OR TERRITORIES OR BY INDIVIDUALS WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED

THIS PRIVACY POLICY DESCRIBES HOW YOUR PERSONAL INFORMATION IS COLLECTED, USED, AND SHARED WHEN YOU VISIT OR MAKE A PURCHASE FROM THE Swipe STORE (THE “SITE”).

Personal information we collect WHEN YOU VISIT THE SITE, WE AUTOMATICALLY COLLECT CERTAIN INFORMATION ABOUT YOUR DEVICE, INCLUDING INFORMATION ABOUT YOUR WEB BROWSER, IP ADDRESS, TIME ZONE, AND SOME OF THE COOKIES THAT ARE INSTALLED ON YOUR DEVICE. ADDITIONALLY, AS YOU BROWSE THE SITE, WE COLLECT INFORMATION ABOUT THE INDIVIDUAL WEB PAGES OR PRODUCTS THAT YOU VIEW, WHAT WEBSITES OR SEARCH TERMS REFERRED YOU TO THE SITE, AND INFORMATION ABOUT HOW YOU INTERACT WITH THE SITE. WE REFER TO THIS AUTOMATICALLY COLLECTED INFORMATION AS “DEVICE INFORMATION”.

WE COLLECT DEVICE INFORMATION USING THE FOLLOWING TECHNOLOGIES:

“COOKIES” ARE DATA FILES THAT ARE PLACED ON YOUR DEVICE OR COMPUTER AND OFTEN INCLUDE AN ANONYMOUS UNIQUE IDENTIFIER. FOR MORE INFORMATION ABOUT COOKIES, AND HOW TO DISABLE COOKIES, VISIT HTTP://WWW.ALLABOUTCOOKIES.ORG. “LOG FILES” TRACK ACTIONS OCCURRING ON THE SITE, AND COLLECT DATA INCLUDING YOUR IP ADDRESS, BROWSER TYPE, INTERNET SERVICE PROVIDER, REFERRING/EXIT PAGES, AND DATE/TIME STAMPS. “WEB BEACONS”, “TAGS”, AND “PIXELS” ARE ELECTRONIC FILES USED TO RECORD INFORMATION ABOUT HOW YOU BROWSE THE SITE. ADDITIONALLY, WHEN YOU MAKE A PURCHASE OR ATTEMPT TO MAKE A PURCHASE THROUGH THE SITE, WE COLLECT CERTAIN INFORMATION FROM YOU, INCLUDING YOUR NAME, BILLING ADDRESS, SHIPPING ADDRESS, PAYMENT INFORMATION (INCLUDING CREDIT CARD NUMBERS), EMAIL ADDRESS, AND PHONE NUMBER. WE REFER TO THIS INFORMATION AS “ORDER INFORMATION”.

WHEN WE TALK ABOUT “PERSONAL INFORMATION” IN THIS PRIVACY POLICY, WE ARE TALKING BOTH ABOUT DEVICE INFORMATION AND ORDER INFORMATION.

How do we use your personal information? WE USE THE ORDER INFORMATION THAT WE COLLECT GENERALLY TO FULFILL ANY ORDERS PLACED THROUGH THE SITE (INCLUDING PROCESSING YOUR PAYMENT INFORMATION, ARRANGING FOR SHIPPING, AND PROVIDING YOU WITH INVOICES AND/OR ORDER CONFIRMATIONS). ADDITIONALLY, WE USE THIS ORDER INFORMATION TO:

COMMUNICATE WITH YOU; SCREEN OUR ORDERS FOR POTENTIAL RISK OR FRAUD; AND WHEN IN LINE WITH THE PREFERENCES YOU HAVE SHARED WITH US, PROVIDE YOU WITH INFORMATION OR ADVERTISING RELATING TO OUR PRODUCTS OR SERVICES. WE USE THE DEVICE INFORMATION THAT WE COLLECT TO HELP US SCREEN FOR POTENTIAL RISK AND FRAUD (IN PARTICULAR, YOUR IP ADDRESS), AND MORE GENERALLY TO IMPROVE AND OPTIMIZE OUR SITE (FOR EXAMPLE, BY GENERATING ANALYTICS ABOUT HOW OUR CUSTOMERS BROWSE AND INTERACT WITH THE SITE, AND TO ASSESS THE SUCCESS OF OUR MARKETING AND ADVERTISING CAMPAIGNS).

Sharing you personal Information WE SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES TO HELP US USE YOUR PERSONAL INFORMATION, AS DESCRIBED ABOVE. FOR EXAMPLE, WE USE FOURTHWALL TO POWER OUR ONLINE STORE. WE ALSO USE GOOGLE ANALYTICS TO HELP US UNDERSTAND HOW OUR CUSTOMERS USE THE SITE — YOU CAN READ MORE ABOUT HOW GOOGLE USES YOUR PERSONAL INFORMATION HERE: HTTPS://WWW.GOOGLE.COM/INTL/EN/POLICIES/PRIVACY/. YOU CAN ALSO OPT-OUT OF GOOGLE ANALYTICS HERE: HTTPS://TOOLS.GOOGLE.COM/DLPAGE/GAOPTOUT.

FINALLY, WE MAY ALSO SHARE YOUR PERSONAL INFORMATION TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, TO RESPOND TO A SUBPOENA, SEARCH WARRANT OR OTHER LAWFUL REQUESTS FOR INFORMATION WE RECEIVE, OR TO OTHERWISE PROTECT OUR RIGHTS.

Behavioral advertising AS DESCRIBED ABOVE, WE USE YOUR PERSONAL INFORMATION TO PROVIDE YOU WITH TARGETED ADVERTISEMENTS OR MARKETING COMMUNICATIONS WE BELIEVE MAY BE OF INTEREST TO YOU. FOR MORE INFORMATION ABOUT HOW TARGETED ADVERTISING WORKS, YOU CAN VISIT THE NETWORK ADVERTISING INITIATIVE’S (“NAI”) EDUCATIONAL PAGE AT HTTP://WWW.NETWORKADVERTISING.ORG/UNDERSTANDING-ONLINE-ADVERTISING/HOW-DOES-IT-WORK.

YOU CAN OPT-OUT OF TARGETED ADVERTISING BY USING THE LINKS BELOW:

FACEBOOK: HTTPS://WWW.FACEBOOK.COM/SETTINGS/?TAB=ADS GOOGLE: HTTPS://WWW.GOOGLE.COM/SETTINGS/ADS/ANONYMOUS BING: HTTPS://ADVERTISE.BINGADS.MICROSOFT.COM/EN-US/RESOURCES/POLICIES/PERSONALIZED-ADS ADDITIONALLY, YOU CAN OPT-OUT OF SOME OF THESE SERVICES BY VISITING THE DIGITAL ADVERTISING ALLIANCE’S OPT-OUT PORTAL AT: HTTP://OPTOUT.ABOUTADS.INFO/.

Do not track PLEASE NOTE THAT WE DO NOT ALTER OUR SITE’S DATA COLLECTION AND USE PRACTICES WHEN WE SEE A DO NOT TRACK SIGNAL FROM YOUR BROWSER.

Your rights IF YOU ARE A EUROPEAN RESIDENT, YOU HAVE THE RIGHT TO ACCESS PERSONAL INFORMATION WE HOLD ABOUT YOU AND TO ASK THAT YOUR PERSONAL INFORMATION BE CORRECTED, UPDATED, OR DELETED. IF YOU WOULD LIKE TO EXERCISE THIS RIGHT, PLEASE CONTACT US THROUGH THE CONTACT INFORMATION BELOW.

ADDITIONALLY, IF YOU ARE A EUROPEAN RESIDENT WE NOTE THAT WE ARE PROCESSING YOUR INFORMATION IN ORDER TO FULFILL CONTRACTS WE MIGHT HAVE WITH YOU (FOR EXAMPLE IF YOU MAKE AN ORDER THROUGH THE SITE), OR OTHERWISE TO PURSUE OUR LEGITIMATE BUSINESS INTERESTS LISTED ABOVE. ADDITIONALLY, PLEASE NOTE THAT YOUR INFORMATION WILL BE TRANSFERRED OUTSIDE OF EUROPE, INCLUDING THE UNITED STATES.

Data retention WHEN YOU PLACE AN ORDER THROUGH THE SITE, WE WILL MAINTAIN YOUR ORDER INFORMATION FOR OUR RECORDS UNLESS AND UNTIL YOU ASK US TO DELETE THIS INFORMATION.

YouTube and Google BY USING THE SITE YOU ACKNOWLEDGE THAT THE SITE MAY USE THE YOUTUBE API SERVICES AND, AS SUCH, THE USER AGREES TO BE BOUND BY THE YOUTUBE TERMS OF SERVICE WHICH CAN FOUND IN THE FOLLOWING LINK: HTTPS://WWW.YOUTUBE.COM/T/TERMS. BY USING THOSE SERVICES YOU ALSO ACKNOWLEDGE AND AGREE TO THE CONNECTED USE OF THE GOOGLE PRIVACY POLICY WHICH CAN BE FOUND THROUGH THE FOLLOWING LINK: HTTPS://WWW.GOOGLE.COM/POLICIES/PRIVACY.

Changes WE MAY UPDATE THIS PRIVACY POLICY FROM TIME TO TIME IN ORDER TO REFLECT, FOR EXAMPLE, CHANGES TO OUR PRACTICES OR FOR OTHER OPERATIONAL, LEGAL OR REGULATORY REASONS.

Contact us FOR MORE INFORMATION ABOUT OUR PRIVACY PRACTICES, IF YOU HAVE QUESTIONS, OR IF YOU WOULD LIKE TO MAKE A COMPLAINT, PLEASE CONTACT US BY E-MAIL AT support@mogulmerch.gg. OR BY MAIL USING THE DETAILS PROVIDED BELOW:

RE: PRIVACY COMPLIANCE OFFICER

FOURTHWALL, INC, PO BOX 5696, SANTA MONICA CA 90405, UNITED STATES