Terms of Service

Effective Date: January 1, 2024

Welcome to MustBeMaz. These Terms of Service set forth the terms and conditions that apply to your access and use of our website: MustBeMaz.com (the “Site”) and other services (collectively, the “Services”) provided by MustBeMaz. The terms “MustBeMaz”, “MustBeMaz.com”, “us”, “we”, or “our” refer to MustBeMaz.com, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services. These Terms of Service are a legally binding contract between you and MustBeMaz.com regarding your use of the Service.

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 our 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 our provision of the Service to you, constitutes an agreement by MustBeMaz and by you to be bound by these Terms.

  1. 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").

  2. Acceptance. You agree to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). These Terms of Service are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms of Service. You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use our Services, or you must have the permission of your parent or guardian who must agree to these terms on your behalf.

  3. 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, you will 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 longer secure, then you must immediately notify us at store@mustbemaz.com.

  4. 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.

    1. Price. We reserve the right to determine pricing for all Products and Memberships. MustBeMaz 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. MustBeMaz may change the fees for any Product or Membership if we give you advance notice of changes before they apply. MustBeMaz, at its sole discretion, may make promotional offers with different features and different pricing to any of the customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

    2. Authorization. You authorize MustBeMaz 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, MustBeMaz 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.

    3. Memberships. Memberships may include automatically recurring payments for periodic charges.If you activate such a Membership, you authorize MustBeMaz 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. MustBeMaz 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 by contacting us at store@mustbemaz.com.

    4. Returns and Refunds. We will accept returns for defective Products if there is a fault with the Products prior to its delivery made within 30 days of the purchase date (“Returns”). We will issue you a refund for Returns and will pay for the return shipping if such shipping is required. We will not accept any returns of, nor issue any refunds for, any Products that are not defective.

  5. 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.

  6. Licenses

    1. Limited License. Subject to your complete and ongoing compliance with these Terms, MustBeMaz 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.

    2. 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.

    3. 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 MustBeMaz an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use or exploit the Feedback in any manner and for any purpose, including but not limited to improve the Service and create other products and services.

  7. Ownership & Proprietary Rights. The Service is owned and operated by MustBeMaz. 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 MustBeMaz are protected by intellectual property and other laws. All Materials included in the Service are the property of MustBeMaz or its third party licensors. Except as expressly authorized by MustBeMaz, you may not make use of the Materials. MustBeMaz reserves all rights to the Materials not granted expressly in these Terms.

  8. 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 offer or 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 7) or any right or ability to view, access, or use any Materials; or

    • attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.

  9. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, MustBeMaz or the Site 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 us at store@mustbemaz.com.

  10. 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 MustBeMaz any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and the respective Sections will survive.

  11. Modification of the Service. MustBeMaz 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. MustBeMaz will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

  12. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify MustBeMaz and its officers, directors, employees, consultants, affiliates, subsidiaries and agents and partners (together, the “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.

  13. Disclaimers & No Warranties. The Service and all materials and content available through the Service are provided "as is" and on an "as available" basis. MustBeMaz disclaims all warranties of any kind, whether express or implied, relating to the Service and all materials and content available through the Service, including: (a) Any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. No advice or information, whether oral or written, obtained by you from the Service or MustBeMaz entities or any materials or content available through the Service will create any warranty regarding any of the MustBeMaz 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.
    Any purchases of products 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. This section will apply even if any limited remedy fails of its essential purpose.

  14. Miscellaneous

    1. 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 MustBeMaz 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. Throughout these 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.

    2. Good Faith & Dispute Resolution. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms of Service promptly by negotiation between individuals who have authority to settle the controversy. You and MustBeMaz submit to the personal and exclusive jurisdiction of the state courts and federal courts of MustBeMaz's choosing for resolution of any lawsuit or court proceeding permitted under these Terms.

    3. Privacy Policy. Please read our Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The MustBeMaz Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

    4. 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.

    5. 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.

    6. 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.

    7. 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.

    8. 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.

    9. Contact Information. The Service is offered by MustBeMaz. You may contact us by sending email correspondence to store@mustbemaz.com.