Terms of Service

MerchBooth.com – Terms of Service

By using this Website (the “Website”), you (“you” or the “user”) agree to the terms and conditions provided below. If you do not agree to these terms and conditions (the “Terms of Use”), please refrain from using this Website immediately.  If you have any questions or need clarification regarding this User Terms of Service please email orders@merchbooth.com

A user is anyone using MerchBooth.com to buy or sell merchandise (aka, “merch.”) “Merch” is word used to describe merchandise that is often sold by bands, musicians, and similar entertainers. MerchBooth.com is a wholly owned subsidiary of entertainment booking platform SpecialGuestApp.com.

Sellers are often referred to as vendors - On MerchBooth.com sellers / vendors are entertainers or entertainment professions. Buyers buy merch from sellers.

Our Services:

MerchBooth.com is an ecommerce experience for fans and marketplace for entertainers to create and sell various “merch” (T-shirts, hoodies, hats, etc) through the Website MerchBooth.com. MerchBooth.com helps bands, musicians, magicians, comedians, and other entertainers and entertainment industry professionals create online merch stores and to sell merch via “merch booth” experiences at events. MerchBooth.com provides a range of services to support the creation of merch programs for entertainers, including the ability to create, design, and sell merch at MerchBooth.com. Furthermore, MerchBooth.com makes it easy for fans and anyone else to purchase entertainer merch at MerchBooth.com. 

This summary of our services is not meant to be exhaustive and will change from time to time.

Conditional Use of MerchBooth.com Services and Website

Use of MerchBooth.com is contingent upon your agreement to the below conditions.

As a user of MerchBooth.com.com you agree:

•   To adhere to any and all rules and conditions set out by each MerchBooth.com seller
•   Are at least 18 years old
•   Not to reproduce any part of this site without prior written approval from MerchBooth.com; Violators will be prosecuted under applicable laws
•   To follow all applicable laws in your place of residence
•   To adhere to any and all rules, conditions, and limits outlined by the MerchBooth.com User Terms of Service
•   Not to use MerchBooth.com for your own commercial gain without agreement from MerchBooth.com
•   That you and only you are solely responsible for your username and the activity that occurs while signed in to or while using MerchBooth.com using your username;
•   To share information within the MerchBooth.com community that you are authorized to share; Sharing false information or unauthorized content will result in immediate termination and you may be prosecuted by applicable laws; MerchBooth.com reserves the right to promote unique content shared by you for the purpose of explaining or promoting the MerchBooth.com system in whatever capacity or medium we choose, including Web based communication, mobile communication, face-to-face communication or any other type of communication currently or conceived at a future time and place
•   That any and all content submitted by you but deemed inappropriate by MerchBooth.com can be removed at our full discretion – this includes any content we are made aware is inappropriate, unlawful, or otherwise inconsistent with the MerchBooth.com Terms of Service as outlined here and referred to from time to time in various mediums and in the interest of MerchBooth.com users.

 

User Accounts

Buyers

 

A buyer is a user that comes to MerchBooth.com to buy merch. Our goal is to make the buying process as seamless as possible so you may be given options to checkout and purchase merch without creating an account. Regardless, you will be required to provide payment information, which will be securely handled by Shopify Payments.  If you decide to shop and purchase without creating an account you are still bound by the MerchBooth.com Terms of Service, Privacy Policy, and all legal agreements associated with using the MerchBooth.com website. If you create an account you will be asked for information about yourself, including your name, address, and contact information. As part of the user sign-up process you will receive a confirmation email upon sharing your email information with us that will instruct you on next steps to set-up and complete your user account. Confirmation of your email is a condition of your formal confirmation as a user of MerchBooth.com.

 

Your user account includes confidential and private information about you and will only be used for purposes of identifying you as a registered user of MerchBooth.com. Providing accurate information about yourself is a condition of being a registered user; should information about yourself, including name, address, phone number, or any other user information change, you are expected to update your user profile. Inaccurate user information may result in temporary or permanent termination as a user on MerchBooth.com.

 

Your User account is associated with your email and a password. It is your responsibility to keep your username and password confidential; granting others access you’re your username and / or password is at your own risk – anyone authorized by you to access your account must adhere to the same User Terms of Service outlined here and referenced at various points and through various mediums of the MerchBooth.com system. It is highly recommended that you keep your user information confidential at all times and assume a similarly high standard of care that you would for other private, confidential, secure user accounts.

Sellers / Vendors

A seller is an entertainer or entertainment professional using MerchBooth.com to sell merch. Our goal is to make the selling process as seamless as possible. By creating a seller / vendor account on MerchBooth.com you are agreeing to abide by the MerchBooth.com Terms of Service, Privacy Policy, and all legal agreements associated with using the MerchBooth.com website. As part of creating an account you will be asked for information about yourself, including your name, address, contact information, and preferred payment method (i.e. PayPal). As part of the seller / vendor sign-up process you will receive a confirmation email upon sharing your email information with us that will instruct you on next steps to set-up and complete your user account. Confirmation of your email is a condition of your formal confirmation as a user of MerchBooth.com.

 

Your seller / vendor account includes confidential and private information about you and will only be used for purposes of identifying you as a registered user of MerchBooth.com. Providing accurate information about yourself is a condition of being a registered user; should information about yourself, including name, address, phone number, or any other user information change, you are expected to update your profile. Inaccurate seller / vendor information may result in temporary or permanent termination as a user on MerchBooth.com.

 

Your User account is associated with your email and a password. It is your responsibility to keep your username and password confidential; granting others access you’re your username and / or password is at your own risk – anyone authorized by you to access your account must adhere to the same User Terms of Service outlined here and referenced at various points and through various mediums of the MerchBooth.com system. It is highly recommended that you keep your user information confidential at all times and assume a similarly high standard of care that you would for other private, confidential, secure user accounts.

Please note that you will be given full or limited access to your account for purposes of reviewing real-time sales and payment reporting (amount of merch sold by day, week, month), as well as functionality to help you manage your merch store. Depending on your approval status you may also be given the ability to upload and modify your merch, including imagery and content. However, unfettered access to manipulate products is granted on an individual, manual basis.

Use of 3rd Party Social Network Tools

As a user of MerchBooth.com you may be provided with numerous social sharing tools that allow you to easily share exclusive deals and offers from MerchBooth.com. Use of such tools on MerchBooth.com, including Facebook, Twitter, and any other social network or communication mechanism does not supersede rules provided and outlined by the individual and unique terms and conditions of each tool; therefore, by using tools on MerchBooth.com you are also agreeing to adhere to the rules and conditions of those tools as agreed upon when signing up for the tool. Misuse of any tool on MerchBooth.com may result in immediate termination.

Security and Privacy

As part of purchasing merch on MerchBooth.com you will be required to provide credit card information. As a user of MerchBooth.com any and all confidential information, including credit card information will be maintained with appropriate privacy and security protections. You agree that information provided to MerchBooth.com in connection with the purchase of merch, other than your credit card information, may be disclosed by MerchBooth.com to the seller (entertainer / entertainment professional). Sellers may use your email or phone number to follow-up with you for purposes of the merch you purchased or to provide additional information on the seller's product or service.

 

The MerchBooth.com Privacy Policy (click here to view full details) explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated into this User Terms of Service Agreement by reference.

Any communications between you and MerchBooth.com, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our platform or service will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever. Should you have any questions regarding this provision please do not share such information.

User Behavior and Conduct

It is our goal to make the use of the MerchBooth.com Website and Services a good experience for all Users, so you agree not to do any of the following:

•   conduct or promote any illegal activities while using the Website, Services, or Mobile applications;
•   upload, distribute or print anything that may be harmful to minors or otherwise unlawful;
•   attempt to reverse engineer, decode, or jeopardize the correct functioning of the MerchBooth.com Website or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies any aspect of MerchBooth.com;
•   attempt to gain access to secured portions of the Website or Services to which you do not possess registered user privileges;
•   upload or transmit any form of virus, worm, Trojan horse, or other malicious code with deceptive intent;
•   use the Website or Services to generate unsolicited email advertisements or spam;
•   use any automatic or manual process to search or harvest information from the Website or Services, or to interfere in any way with the proper functioning of the Website and Services; or
•   act as another User of MerchBooth.com in an unlawful way or inconsistent with the User Terms of Service

 

Any User behavior that is deemed in violation of the User Terms of Service may result in immediate and irreversible termination from MerchBooth.com. Illegal and / or inappropriate activity will not be tolerated and will be immediately handed over to appropriate authorities.

 

3rd Party Websites, Non-Owned Content, and User Generated Content

 

The MerchBooth.com system may link to other 3rd party Websites and utilize content from 3rd party Websites for purposes of providing Users with access to tools or to explain a specific product, service, offer, or deal – use of such information or reference thereto is not meant to endorse the 3rd party and does not supersede the terms and conditions of using such tools or content of the 3rd party. You and only you are responsible for reviewing and agreeing the terms and conditions of any 3rd party tool before using it.

 

MerchBooth.com offers certain tools and is likely to offer additional tools in the future that allow Users to create and share content on MerchBooth.com and various partner content Websites. While it is our intent to adhere to strict rules regarding appropriate, tasteful, and relevant content sharing we cannot be held to a standard beyond what is reasonable. We will take action against Users sharing inappropriate content as soon as we locate it or are made aware and validate its inappropriate use; however, we realize that from time to time Users may generate and share content on MerchBooth.com and partner sites that is deemed inappropriate – we will do our best to enforce our policies and minimize such activity from disturbing the MerchBooth.com community and your personal experience as a User.

 

Buying Merchandise on MerchBooth.com

 

MerchBooth.com provides consumers with opportunities to purchase merchandise from third party sellers / vendors (“Sellers.”) Seller entertainers and entertainment professionals sell merch on MerchBooth.com to their fans and other prospective customers. The idea of MerchBooth.com is to help entertainers make money from selling merchandise, while giving fans / customers a safe, fun, and reliable place to buy entertainment merchandise.

The Buying Process

Anyone can shop and buy merch on MerchBooth.com. By shopping the website Users can search and find merchandise from specific bands, comedians, or other entertainers or they can simply find awesome designs they like and buy them. MerchBooth.com will do its best to feature popular or limited-time merchandise and may work with specific entertainers to promote specific merchandise.

Once a User finds something they like they simply need to select certain options (i.e. size, color, etc) and then click “buy” to add that item to their cart. The User can continue to shop across the entire website and drop additional items into their cart.

Once the User is done shopping they click the shopping cart icon located on the top right of their web or mobile browser to enter the final stages of purchasing an item. The User will select the option to create an account to become a registered user (recommended) or shop anonymously. The User will be required to provide accurate information (name, shipping address, billing address, contact information, credit card details) to complete the transaction. Once the order is submitted the User will receive email and / or mobile confirmation and tracking information.

If a customer ever has questions about their order they can contact MerchBooth.com by emailing orders@merchbooth.com or by calling 877-818-2356.

The Selling Process

MerchBooth.com was founded by the team at Special Guest App to help entertainers and entertainment professionals launch a merch store at no or low cost. All sellers will be vetted by the MerchBooth.com team to ensure they are a fit with the overall goals of the business.

There are two ways sellers can work with MerchBooth.com. The primary way is through Direct to Garment (aka DTG) printing. DTG printing is a newer technology that allows for on-demand printing. On-demand printing is a great tool to be able to sell merchandise without any upfront costs. As a seller if you already have merch designs and they are of a high enough quality to be featured on the MerchBooth.com website - great! However, if a seller hasn’t designed any merch before or if their designs aren’t of a high enough quality, the seller can either hire a 3rd party designer (contact us for recommendations) or hire the MerchBooth.com design team to design merch for you. There is a cost to leverage MerchBooth.com to design seller merch, but we will work with you so that you sell the most merch possible from our marketplace.

Refunds

First-time refund request; Unconditional Money-Back Guarantee

MerchBooth.com is dedicated to your complete satisfaction. As a User in good standing you are entitled to a full unconditional refund, no questions asked on your first refund request assuming the merchandise has not been worn. If merchandise has been worn, no refund will be issued.  To be clear, if you wear the merchandise and later decide you don’t like it a refund will not be granted, although we will take your feedback and share it with the Seller for possible alternative resolution.

Refunds Prior to Shipping

MerchBooth.com is dedicated to your complete satisfaction. If you changed your mind after clicking “submit” to purchase merchandise on MerchBooth.com please contact us at 877-818-2356 and if the order hasn’t shipped we will promptly cancel the order and refund your money no questions asked.

Refunds for Incorrect or Damaged Merchandise

MerchBooth.com is dedicated to your complete satisfaction. If you receive merchandise purchased on MerchBooth.com that is incorrect (i.e. you ordered a large and received a small) or damaged (merch not in normal condition) you will be issued a refund by contacting 877-818-2356 and working with the MerchBooth.com team to verify the issue.

Refunds for Worn Merchandise

MerchBooth.com is dedicated to your complete satisfaction. However, in the event that you attempt to return word merchandise and can’t present it back to MerchBooth.com in its original condition so that it is capable of resale you will be denied a refund.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.

Indemnification

As a User (Buyer or Seller) you agree to defend, indemnify and hold harmless MerchBooth.com and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (1) your use of and access to MerchBooth.com.com or any MerchBooth.com mobile or web-based application; (2) your violation of any term of these Terms of Service; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of MerchBooth.com.com or any MerchBooth.com mobile or web-based application existing or in the future.

Intellectual Rights and Responsibilities

You agree that notwithstanding the rights of 3rd parties and recognized partners, the content, interface, tools, technology, and system referred to above and herein as “MerchBooth.com” (and Special Guest App) is the intellectual property of MerchBooth.com and may not be used for any purpose other than the specified purposes. No part of this system is expressed as public domain and access to this system constitutes an agreement to hold confidential those aspects of the system deemed as such, including, but not limited to business process.

MerchBooth.com maintains all applicable copyrights, trademarks, intellectual, and other proprietary rights associated with the MerchBooth.com Website and system. “MerchBooth.com” is our trademark. Any other product, service, or company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. MerchBooth.com reserves all rights that are not expressly granted to you in this User Terms of Service Agreement.

Content provided by MerchBooth.com, its partners, and Users is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MerchBooth.com reserves all rights not expressly granted within this agreement.

As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in content that you post to the MerchBooth.com. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the content in any manner we choose. If you have any rights to the content that cannot be licensed to us, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners, with respect to such rights as expressed in this agreement.

Entire Agreement

These Terms of Service, together with the Privacy Policy at https://www.MerchBooth.com/privacy and any other legal notices published by MerchBooth.com on the MerchBooth.com Website shall constitute the entire agreement between you and MerchBooth.com. We may change the terms of this User Terms of Service from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the herewith. It is your sole responsibility to check MerchBooth.com.com from time to time to view any such changes in the agreement. If you do not agree to any changes, if and when such changes may be made to the agreement, you must cease use of the MerchBooth.com Website and system. Your use of any part of MerchBooth.com after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of MerchBooth.com’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of MerchBooth.com or other custodian or designated right holder. No purported waiver or modification of this Terms of Service by MerchBooth.com via any other communication mechanism than this page will be authorized or recognized.