Terms of service

Last Updated: December 11, 2025

Operated by XYZ Merchandise LLC

Overview

This website is operated by XYZ Merchandise LLC (“XYZ Merchandise,” “we,” “us,” or “our”). We manage and operate multiple online stores and merchandise programs for artists, including but not limited to band stores, tour stores, pre-order campaigns, limited-edition vinyl releases, and digital download products.

By accessing or using any portion of our websites, purchasing merchandise, submitting digital files, participating in pre-orders, or engaging in our SMS/email programs, you (“you,” “the user,” “customer”) agree to these Terms of Service (“Terms”).

If you do not agree to these Terms, you may not use our websites or purchase any products.

These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Our websites and ecommerce storefronts are hosted by Shopify Inc., which provides the platform we use to sell products and services to you.

1. Online Store Terms

By using this site, you represent that:

  • You are at least the age of majority in your state or province of residence; or
  • You are the age of majority and consent to allow your minor dependents to use the site.

You may not use our site or products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

Violation of these Terms may result in immediate termination of your access to our Services.

2. General Conditions

We reserve the right to refuse service to anyone at any time, including but not limited to:

  • Suspected or confirmed fraudulent behavior;
  • Abusive, harassing, or threatening behavior toward our staff or partners;
  • Excessive chargebacks or disputes;
  • Attempts to circumvent purchasing limits or automated security checks.

You understand that your non-payment data (not including credit card details) may be transferred unencrypted over various networks and modified to conform to technical requirements. Credit card information is always encrypted in accordance with Shopify’s PCI standards during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

3. Accuracy, Completeness & 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, complete, or 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 is not necessarily 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.

4. Modifications to the Service & 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.

5. Products & Services

5A. Limited Quantities / Artist & Band Merchandise

Many of our products—especially limited edition vinyl, artist pressings, apparel, tour items, and exclusive merchandise—are produced in limited quantities and may not be restocked. We reserve the right to:

  • Limit the sales of our products or Services to any person, geographic region, or jurisdiction;
  • Limit quantities of any products or Services that we offer;
  • Cancel or restrict orders that we believe may be placed by dealers, resellers, distributors, or bots.

5B. Display Accuracy

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device’s display of any color will be accurate.

5C. Pre-Orders, Limited Editions & Manufacturing Delays

By purchasing any pre-order, limited-edition item, or vinyl pressing, you acknowledge and agree that:

  • All ship dates and availability dates are estimates only and are not guaranteed;
  • Manufacturing, production, and supply-chain delays may occur, and these may affect delivery timelines;
  • Orders containing pre-order items may ship when all items in the order are ready, unless otherwise stated;
  • Pre-orders may have restricted or prohibited cancellations once production has begun, subject to our Refund Policy.

5D. Digital Downloads & Digital Goods

Certain products or Services may be delivered as digital goods (including music downloads, digital content, PDFs, artwork, and similar materials). By purchasing digital goods, you acknowledge and agree that:

  • Digital products are delivered electronically and may not involve physical shipment;
  • Unless otherwise required by law, digital products are non-refundable once delivered or made accessible to you;
  • You receive a limited, non-exclusive, non-transferable license for personal use only;
  • You may not copy, share, upload, redistribute, resell, or create derivative works from digital goods without our express written permission or the permission of the applicable rights holder.

5E. No Warranty on Product Expectations

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6. Accuracy of Billing & Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed:

  • Under the same customer account;
  • Using the same credit card; or
  • Using the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole 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 payment card details, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

7. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

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 their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

9. User Comments, Feedback & Other Submissions

If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation:

  • To maintain any comments in confidence;
  • To pay compensation for any comments; or
  • To respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

10. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

11. Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including 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 without limitation, pricing information, except as required by law.

12. Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content:

  • For any unlawful purpose;
  • To solicit others to perform or participate in any unlawful acts;
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • To submit false or misleading information;
  • 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 any related website, other websites, or the Internet;
  • To collect or track the personal information of others;
  • To spam, phish, pharm, pretext, spider, crawl, or scrape;
  • For any obscene or immoral purpose; or
  • 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.

13. Shipping, Delivery & Risk Transfer

13A. Domestic Shipping (U.S.)

Our primary carrier is the United States Postal Service (USPS). During peak seasons (including but not limited to Black Friday and Cyber Monday), USPS and other carriers may:

  • Delay scans or tracking updates;
  • Show “Pre-Transit” or no movement for extended periods;
  • Deliver packages without intermediate tracking scans.

Once an order has been accepted and scanned by the carrier, risk of loss transfers to you, the customer. We are not responsible for delays, mis-scans, or lack of tracking updates caused by the carrier.

13B. International Shipping

For international customers:

  • Customs processing and import inspections may cause delays outside our control;
  • You are responsible for any VAT, duties, customs fees, or import charges assessed by your local authorities;
  • Our tracking typically reflects movement within the United States only. For further tracking, you may need to contact your local postal or delivery service with the provided tracking number.

13C. Lost or Delayed Packages

If your package appears lost or substantially delayed:

  • We may require time to file and complete an investigation with the carrier;
  • Resolution (replacement, store credit, or refund) may not be available until the carrier confirms the status of the package;
  • In some cases, this process can take several weeks or, rarely, longer.

Please refer to our Shipping Policy and Refund Policy for more details.

14. SMS Marketing Terms

By subscribing to our SMS/text messaging program, you agree to receive recurring automated marketing and informational text messages from us, including cart reminders, early access notifications, order updates, and promotional offers, at the phone number you provide.

  • Message frequency may vary;
  • Message and data rates may apply;
  • Consent to receive marketing messages is not a condition of any purchase;
  • Reply STOP to cancel at any time and HELP for help.

Your participation in our SMS program and the personal data we collect through it are governed by our Privacy Policy.

15. Intellectual Property

All content on our websites—including, but not limited to, product imagery, artist photos, album artwork, merchandise designs, logos, digital downloads, graphics, text, and branding—is owned by XYZ Merchandise LLC, our licensors, the represented artists, or content partners, and is protected by copyright, trademark, and other intellectual property laws.

You may not, without our express written permission or the permission of the applicable rights holder:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the site, products, or digital goods;
  • Modify, adapt, or create derivative works based on our content;
  • Use our trademarks, logos, or trade dress in connection with any product or service that is not ours.

16. 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 that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) 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.

In no case shall XYZ Merchandise LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, artists, or licensors 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 Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of 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 the 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 and, where permitted