Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to FTT Merch! The terms “we,” “us,” and “our” refer to FTT Merch, operated by Funky Tekno Tribe. FTT Merch operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). FTT Merch is powered by Shopify, which enables us to provide the Services to you.
These 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 matters 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 our 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 that 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 products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide through our store 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 activity conducted through your account. 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 accurate representations of our products and services in our online store. However, colors and product appearance may differ from how they appear on your screen because of the device you use and its settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be identical to how they are 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. We may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. FTT Merch reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until FTT Merch confirms its acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as FTT Merch may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept an order or if we change or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.
Your purchases are subject to returns or refunds 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 or service will be the price in effect when the order is placed and will be shown in your order-confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online store may differ from prices offered in physical stores or other stores operated by third parties. We may occasionally offer promotions through the Services that affect pricing and are governed by terms and conditions separate from these Terms. If the terms of a promotion conflict with these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment-card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.
You represent and warrant that:
- The payment-card information you provide is true, correct, and complete;
- You are authorized to use the payment card for the purchase;
- The charges you incur will be honored by your payment provider; and
- You will pay all charges incurred at the posted prices, including applicable shipping, handling, and taxes.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates and are not guaranteed. We are not liable for shipping or delivery delays caused by shipping carriers, customs processing, or events outside our reasonable control.
Once products are transferred to the shipping carrier, title and risk of loss pass to you, except where otherwise required by applicable law.
We currently ship only to addresses within the United States.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof—are owned by FTT Merch, Funky Tekno Tribe, their affiliates, or their licensors and are protected by United States and foreign copyright, trademark, patent, and other intellectual-property laws.
These Terms permit you to use the Services solely for personal, noncommercial purposes. Without our prior written consent, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other right under any patent, trademark, copyright, or other intellectual property belonging to FTT Merch, Funky Tekno Tribe, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual-property laws. All rights not expressly granted herein are reserved.
The names, logos, product and service names, designs, and slogans of FTT Merch and Funky Tekno Tribe are trademarks of FTT Merch, Funky Tekno Tribe, or their affiliates or licensors. You must not use these trademarks without prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may be provided with access to tools offered by third parties that we do not monitor and over which we have no control or input.
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. We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you understand and approve of the terms under which the applicable third-party providers supply those tools.
We may offer new features through the Services in the future, including new tools and resources. Such features shall be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and links 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 liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content offered through third-party websites. Carefully review the applicable third party’s policies and practices before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
FTT Merch is powered by Shopify, which enables us to provide the Services to you. However, any purchases you make through our store are made directly from FTT Merch.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and FTT Merch, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with FTT Merch.
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. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information concerning your access to and use of the Services to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify and other third parties, which may be located in countries other than the country where you reside, to provide services to you.
Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial purposes.
We may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.
You represent and warrant that:
- You own or have all necessary rights to the Feedback;
- You have disclosed any compensation or incentives received in connection with submitting the Feedback; and
- Your Feedback complies with these Terms.
We are under no obligation to:
- Maintain your Feedback in confidence;
- Pay compensation for your Feedback; or
- Respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of another party’s intellectual-property rights or these Terms.
You agree that your Feedback will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties concerning the origin of any Feedback. You are solely responsible for the Feedback you provide and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information presented through the Services may occasionally contain typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, at any time and without prior notice, including after you submit an order.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
- For an unlawful or malicious purpose;
- To violate international, federal, provincial, state, or local laws, regulations, rules, or ordinances;
- To infringe or violate our intellectual-property rights or the intellectual-property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person;
- To transmit false or misleading information;
- To send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms;
- To transmit or arrange the transmission of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;
- To impersonate or attempt to impersonate another person or entity; or
- To engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that, as determined by us, may harm FTT Merch, Funky Tekno Tribe, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to:
- Upload or transmit viruses or other malicious code that affects or may affect the functionality or operation of the Services;
- Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;
- Collect or track the personal information of others;
- Spam, phish, pharm, or pretext through the Services;
- Use robots, spiders, scraping tools, data-gathering or extraction tools, automatic devices or processes, AI tools—including agentic AI—or automated or manual means to access the Services; or
- Interfere with, bypass, or circumvent security or authorization features, robot-exclusion headers, or other measures used to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account without notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1
This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any part of the 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 and that can be executed on behalf of or using a person’s device without direct supervision.
14.2
No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict accordance with Section 14.4 below.
No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with the applicable Service.
14.3
We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.
14.4
Agents must:
- Identify each HTTP or HTTPS request as originating from an Agent and disclose the Agent’s name by including the following format in the request’s user-agent string: “Agent/[agent name]”;
- Not conceal or obscure the fact that access, use, or interaction originates from an Agent, including by mimicking human behavior or interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use;
- Respond truthfully to any question or prompt intended to determine whether an interaction originates from a human or computer; and
- Not circumvent or otherwise avoid measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to all or any portion of the Services, in our sole discretion, at any time and without notice. You will remain liable for all amounts due through the date of termination.
The following sections will continue to apply after termination: Intellectual Property; Feedback; Termination; Disclaimer of Warranties; Limitation of Liability; Indemnification; Severability; Waiver and Entire Agreement; Assignment; Governing Law; Privacy Policy; and any other provisions that, by their nature, should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information presented through the Services is provided solely for general informational purposes. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim liability arising from reliance placed on such materials by you, another visitor to the Services, or anyone informed of their contents.
EXCEPT AS EXPRESSLY STATED BY FTT MERCH, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, FTT MERCH, FUNKY TEKNO TRIBE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, AND SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT—INCLUDING NEGLIGENCE—STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES.
THIS LIMITATION ALSO APPLIES TO CLAIMS RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR LOSSES OR DAMAGES INCURRED FROM USING THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FTT Merch, Funky Tekno Tribe, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, and claims—including reasonable attorneys’ fees—payable to a third party due to or arising from:
- Your breach of these Terms or documents incorporated into them by reference;
- Your violation of a law or third party’s rights; or
- Your access to or use of the Services.
We will notify you of an indemnifiable claim. A failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced by the delay.
We may control the defense and settlement of the claim at your expense, including the choice of counsel, but we will not settle a claim that requires you to undertake nonmonetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in defending indemnified claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms, and that determination shall not affect the validity or enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us through the website or concerning the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.
They supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including prior versions of these Terms.
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted delegation, transfer, or assignment without that consent will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
You and FTT Merch consent to venue and personal jurisdiction in the applicable state and federal courts located in California.
SECTION 23 – HEADINGS
The headings in this agreement are included solely for convenience and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any portion of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
We will provide notice of material changes as required by applicable law. Such changes will take effect on the date specified in the applicable notice.
Your continued use of or access to the Services after changes to these Terms are posted constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to info@fttmerch.com.
Our contact information is:
FTT Merch
Funky Tekno Tribe
1741 Sessler Drive
Yuba City, California 95993
United States
info@fttmerch.com