Terms of service

OVERVIEW

Welcome to ICanHasWaifus! The terms "we", "us" and "our" refer to ICanHasWaifus. ICanHasWaifus 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"). ICanHasWaifus 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, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all 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 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 in our online store. However, colors, artwork or product appearance may differ from how they appear on your screen due to your device, display settings or configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.

Trading Card Products

Certain products offered by ICanHasWaifus contain randomized trading cards or other randomized collectible contents. Unless expressly stated otherwise in a product listing, the specific cards, characters, artwork, rarities, inserts, promotional items or other contents contained within a sealed product are not guaranteed.

Product images may show examples of cards, characters, artwork or other contents associated with a set and do not guarantee that the depicted contents will be included in any particular box or pack.

Card pulls, rarity, duplicates, card selection or dissatisfaction with the randomized contents of an opened product are not considered product defects and are subject to our Return & Refund Policy.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. ICanHasWaifus reserves the right to accept or decline your order for any lawful reason at its discretion.

Your order is not accepted until ICanHasWaifus confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Orders may be canceled through our available cancellation process within 1 hour of purchase, provided the order has not already been fulfilled. After this cancellation window, we may be unable to accommodate cancellation requests once processing has begun.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided with the order.

Purchases and returns are subject to our Return & 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 or service will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs duties or import charges.

Prices posted in our online store may differ from prices offered through other stores, marketplaces, live-selling platforms or sales channels operated by ICanHasWaifus.

We may offer promotions that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the selected payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times are estimates unless a particular shipping service expressly provides a guaranteed delivery commitment.

We are not responsible for delays caused by shipping carriers, customs processing, severe weather, incorrect or incomplete customer-provided addresses, or other circumstances outside our reasonable control.

Once an order has shipped, tracking information will be provided when available.

If a shipment appears lost, significantly delayed, damaged or is marked delivered but cannot be located, please contact support@icanhaswaifus.com. We will review the available information and, when appropriate, assist with applicable carrier package-search or insurance-claim procedures.

Additional shipping terms and procedures are described in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement thereof, are owned by ICanHasWaifus, its affiliates, licensors or their respective owners 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, publicly perform, republish, download, store or transmit material from the Services without authorization from the applicable rights holder, except as permitted by law.

Nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property right of ICanHasWaifus, Shopify or any third party.

ICanHasWaifus's names, logos, product and service names, designs and slogans are trademarks or other intellectual property of ICanHasWaifus or its applicable licensors. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, characters, artwork, product names and trademarks appearing through the Services remain the property of their respective owners.

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.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement.

Any use of optional third-party tools offered through the site is at your own risk and discretion. You should familiarize yourself with and approve the terms under which those tools are provided.

We may offer new features, tools or resources through the Services in the future. Such features will also be deemed part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content offered by third parties.

Please review third-party policies and practices before engaging in transactions with them. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

ICanHasWaifus 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 ICanHasWaifus. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ICanHasWaifus, 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 ICanHasWaifus.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and applicable third-party service providers, which may be located in countries other than the country where you reside.

Please review our Privacy Policy for additional information regarding how personal information is collected, used and disclosed.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for purposes related to operating, improving and promoting the Services.

You represent and warrant that you own or possess the necessary rights to any Feedback you provide and that your Feedback will not violate applicable law or the rights of any third party.

We may monitor, edit or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable or violates these Terms.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or product availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, to the extent permitted by applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations; infringe the intellectual property or other rights of another person; harass, abuse, threaten or defame others; transmit false or misleading information; distribute malware; send unauthorized spam or solicitations; impersonate another person or entity; collect personal information unlawfully; interfere with the operation or security of the Services; or otherwise use the Services in a manner that could harm ICanHasWaifus, Shopify, our customers or third parties.

We reserve the right to suspend, restrict or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services.

"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without direct supervision.

No Agent may access, use or interact with the Services unless it identifies itself and complies with applicable requirements imposed by the Services.

We may use technical or other measures to limit whether and how Agents access, use or interact with the Services.

Agents must not conceal or misrepresent their automated nature, circumvent CAPTCHAs or similar security measures, or circumvent measures intended to block, limit or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion to the extent permitted by applicable law.

You will remain liable for amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, liability, indemnification, governing law and privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes.

EXCEPT AS EXPRESSLY STATED BY ICANHASWAIFUS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

SOME JURISDICTIONS LIMIT OR PROHIBIT CERTAIN WARRANTY DISCLAIMERS. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Nothing in these Terms excludes warranties, guarantees or other consumer rights that cannot lawfully be excluded.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ICANHASWAIFUS AND ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT LEGALLY BE LIMITED OR EXCLUDED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless ICanHasWaifus, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages or liabilities arising from your breach of these Terms, violation of applicable law or violation of the rights of a third party.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and any unenforceable portion will be deemed severed from these Terms.

Such determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; 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, together with policies and operating rules posted through the Services, constitute the entire agreement between you and us regarding your use of the Services and supersede prior or contemporaneous agreements or communications concerning the same subject matter.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent.

We may transfer, assign or delegate these Terms and our rights and obligations to the extent permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with applicable federal law and the laws of the State of Texas, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you and ICanHasWaifus consent to jurisdiction and venue in the appropriate courts located in Texas.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change or replace portions of these Terms by posting updates to our website.

Where required by applicable law, we will provide notice of material changes. Changes will become effective as stated in the applicable notice or when posted where legally permitted.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

ICanHasWaifus
Email: support@icanhaswaifus.com
Website: icanhaswaifus.com
Business mailing address: 3535 N Ellison Dr PMB 173San Antonio, TX 78251-4217, US