Last updated: January 1, 2023
Please read these terms and conditions carefully before using this website operated by Zomake® Backpack (“us”, “we”, or “our”).
By accessing or using the website, you agree to be bound by these terms and conditions and all applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
You must be at least 18 years old to use our website. Use of this website by anyone under 18 is not authorized or condoned by us.
General Conditions
Electronic Communications When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by text message, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright All content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Zomake® Backpack or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Zomake® Backpack and protected by U.S. and international copyright laws.
Trademarks Zomake® Backpack trademarks, service marks, graphics, and logos used in connection with our website are trademarks or registered trademarks of Zomake® Backpack. Other trademarks, service marks, graphics, and logos used in connection with our website may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks. Accessing our website does not grant you any license to use, copy, reproduce, distribute, or display any Zomake® Backpack trademark without our express prior written permission.
DMCA Notice In compliance with the Digital Millennium Copyright Act, we provide a process for a copyright owner to give notification of a claimed copyright infringement. Our designated agent under the DMCA is:
Zomake® Backpack
123 Backpack Blvd
Backpackville, BP 12345
Email: [email protected]
Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password.
Website Access
License Subject to your compliance with these terms and conditions, Zomake® Backpack grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this website. This license does not include any resale or commercial use of the site or its contents; any collection and use of any data, product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted in this license are reserved by Zomake® Backpack.
Prohibited Activities You may not access or use this website for any other purpose other than that for which we make it available. The license granted to you in these terms and conditions does not permit you to:
- Copy, reproduce, upload, post, display, republish, frame, transmit or distribute any part of the content in any form whatsoever;
- Use a robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, data mine or in any way reproduce or circumvent the navigational structure or presentation of this website;
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Remove any copyright, trademark or other proprietary rights notice contained in the site content.
- Use or access this website in any way that could or does damage, disable, overburden, or impair any of our servers or networks.
- Intentionally interfere with or damage the integrity, security, or proper functioning of the site and our servers or networks.
- Attempt to gain unauthorized access to any materials, information or areas of our servers or networks that are restricted from general access; or
- Probe, scan or test the vulnerability of the site or any network connected to the site, or breach the security or authentication measures on the site or any network connected to the site.
Account Termination We may terminate your access to the website, without cause or notice, which may result in the forfeiture of information associated with your account. All provisions of this terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Availability of Website We may change, suspend or discontinue the website at any time for any reason without notice or liability.
Reservation of Rights We reserve the right to request that you remove all links or any particular link to our website. You approve to immediately remove all links to our website upon request. We also reserve the right to amend these terms and conditions and our policies at any time.
Purchases and Payment Terms
Order Acceptance Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason unless we have charged your credit card or sent you a shipment confirmation email, in which case we have accepted your order.
Accuracy of Information We attempt to be as accurate as possible when describing our products on the website; however, we do not warrant that the product descriptions, colors, information, or other content available on the website are accurate, complete, reliable, current, or error-free.
Pricing All prices posted on this website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do not include taxes or charges for shipping and handling. All orders are subject to approval and confirmation of the advertised price.
Payment Authorization By submitting your purchase order, you authorize us to charge the order amount to the credit card or other payment mechanism you provide during checkout. You also authorize us to charge the order amount if you select direct bank debit as your payment method.
Order Cancellation We reserve the right to cancel any orders placed for products listed at incorrect prices or containing other erroneous information. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.
Product Availability We try to maintain accurate availability information about our products, but please note that availability information may change without notice. We cannot guarantee availability of any product.
Backordered Items We strive to ship your entire order at once, but sometimes items may be delivered in separate shipments. We will notify you by email if any items you ordered are backordered and will ship the backordered items as soon as they become available.
Shipping and Delivery When you place an order, we estimate the shipping dates based on the availability of the products and delivery times of the carriers we use to ship orders. Delivery dates that display during checkout are only estimates and are subject to change. We prepare orders for shipment and turn orders over for shipment within 2 business days. Transit times may vary and delivery dates shown during checkout are only estimates. We will send shipment confirmation emails that contain delivery dates and tracking information when packages ship.
Returns and Refunds Please review our Return Policy posted on our website prior to making any purchases.
Submitted Content
User Content Disclaimer We do not control the submitted User Content on the website. The views expressed by User Content contributors are their own and not necessarily reflect the views of Zomake® Backpack. We are not responsible for any harm resulting from the use of information or interactions made in connection with this website.
User Content License By posting or submitting User Content to the public areas of our website and social media pages, you agree to grant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable license under any and all intellectual property or other proprietary rights you own or control to use, copy, modify, create derivative works based upon, publicly display and distribute your User Content on our website and social media channels. You further allow us to use your name in connection with the reproduction or distribution of the materials you provide.
User Content Prohibitions Your User Content submissions and contributions to the website must not:
- Be false, inaccurate or misleading.
- Infringe any third party copyright, patent, trademark, trade secret or other intellectual property or proprietary rights.
- Contain any information that you do not have the right to transmit.
- Contain proprietary, confidential, sensitive or personal information of any kind
- Include illegal, obscene, threatening, harassing, bigoted, hateful, violent or otherwise objectionable content.
- Promote lottery or gambling activities or content.
- Defame, or make disparaging or derogatory remarks about Zomake® Backpack or other companies, products, services, employees, officers, owners, or sponsors.
We do not endorse or assume responsibility for any User Content submitted by our users. We have the right to remove any User Content from the website for any reason deemed appropriate in our discretion.
Third Party Links and Content
The website may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, policies, advertising, products, services or other materials of any such third party websites or resources. Links to such third party sites do not imply any endorsement by or affiliation with Zomake® Backpack. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such websites or resources.
Warranty Disclaimers
Products We make reasonable efforts to accurately describe and display products on the website; however, we do not warrant that the product descriptions, colors, information, specifications, or other content on the website is accurate, complete, reliable, current, or error-free. The inclusion of any products on the website does not imply or warrant that these products will be available at any particular time.
Website and Services The website, including all site content, interfaces, materials, information, and services provided on or through the website are provided “as is” and “as available” without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the website and information, content and materials contained therein.
We do not warrant that the website is free of viruses or other harmful components. We will not be responsible or liable for any harm resulting from or caused by any person’s use of or access to the website, including without limitation any interruption, deletion of files or emails, errors, defects, delays in operation, or transmission; communications failure; theft, destruction, or unauthorized access.
You understand and agree that if you access or transmit any content through the use of our website, you do so at your own discretion and risk. You will be solely responsible for any damage to your property (including your computer system) or loss of data resulting from use of the website or any content transmitted through the website.
Limitation of Liability
We will not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages arising from the use of, or reliance on, the website or any information contained therein, even if one of our authorized representatives has been advised of the possibility of such damages.
Certain state laws do not allow limitations of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. You understand that you are assuming all risks in connection with your use of the website.
Indemnification
You agree to defend, indemnify and hold harmless Zomake® Backpack and any of its affiliates and their respective officers, directors, managers, employees, agents, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the website; (ii) violation of any term or condition of this agreement, the policies of the website or any other applicable terms; or (iii) violation of any third party rights including without limitation any intellectual property rights or privacy rights. This defense and indemnification obligation will survive termination of this agreement and your use of the website.
Ability to Accept Terms and Conditions
You affirm that you are over the age of 18, as these terms and conditions constitute a binding legal agreement that can only be entered into by an adult of at least 18 years of age. You also affirm that you are fully able and competent to enter into the terms and conditions set forth in this agreement and other provisions and policies posted in this site.
Assignment
You may not transfer or assign your rights or obligations under this terms and conditions without our explicit prior written consent. We reserve the right to transfer, assign, or sublicense this agreement or any of our rights or responsibilities without notice or liability.
Modification
We reserve the right to modify the terms and conditions of this agreement and our website policies at any time by posting the changes on this page with the updated effective date. Any modification is effective upon posting. Your continued use of our website following the posting of any revised terms and conditions signifies your acceptance of such modifications and amendments. You should regularly review this page to ensure that you have read the latest version and understand the binding terms that apply when you access and use the website.
Governing Law and Jurisdiction
This agreement shall be governed by the laws of the state of Tennessee without regard to the principles of conflicts of laws. You agree that any legal action or proceeding relating to this agreement, the website, or any materials or information contained therein shall be subject to the exclusive personal jurisdiction of the state and federal courts located in Nashville, Tennessee. You acknowledge and agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Class Action Waiver
You agree to only bring claims against us in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. We both agree that any proceedings will only take place on an individual basis and not in a class, consolidated, or representative action.
Severability
If any provision of these terms and conditions shall be deemed unlawful, invalid, void or unenforceable, then in such event this agreement shall be construed as if such unlawful, invalid, void or unenforceable provision had never been contained herein. The invalidity of any such provision shall not affect the validity or enforceability of any of the remaining provisions hereof.
Contact Information
Please contact us with any questions regarding these terms and conditions.
Email: [email protected]
Phone: 555-123-4567
Your Consent
By using our website, registering an account, or making a purchase, you agree to the terms and conditions set forth herein.