Terms of service

LAST UPDATED: February 27, 2024

Welcome to eakinzer.com. These Terms & Conditions apply to the eakinzer.com website located at www.eakinzer.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the "Site"). As used in these Terms & Conditions, "eakinzer.com", "eakinzer", "us", or "we" refers to eakinzer.com and its affiliates.

Please read the following Terms & Conditions carefully as they affect your legal rights. These Terms & Conditions contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Arbitration Agreement” section below.

Introduction

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must stop using the Site right away.

Content

All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, and other material (collectively "Content") is owned or licensed property of eakinzer.com or its suppliers or licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of eakinzer.com and protected by U.S. and international copyright laws. eakinzer.com and its suppliers and licensors, expressly reserve all intellectual property rights in all Content.

Colors: Eakinzer.com strives to display as accurately as possible the colors of the products shown on the Site; however, eakinzer.com cannot and does not guarantee that your monitor’s display of any color will be accurate. If you believe the color inaccuracies are extreme we encourage you to reach out to us at customerservice@eakinzer.com with pictures so we can attempt to resolve this issue or start the returns process for you if needed. We always want happy customers!

License and Access

Eakinzer.com grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download and print purchased Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. A purchase is required for downloading any digital asset or Content on the Site. If Content is not available for purchase you must obtain prior authorization from eakinzer.com by emailing your request to sales@eakinzer.com before downloading or otherwise using the Site Content for personal use. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions.

We love our artwork, books and media and hope you do too! While we are stoked that you like our stuff so much that you just can't live without something if you are thinking about taking screenshots or downloading Content without permission, please know that we are a small business (think micro business!!) and work super hard at our Content. We price reasonably and run lots of promos. We even give out free stuff if you subscribe to our email list. If there is an image or other media on the site that is not for sale right now just email us at sales@eakinzer.com. But taking without asking is just not cool, not even for your personal use. Support artists!

The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian. So kids, make sure you ask your parents or guardians before using this website!

Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to eakinzer.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
Download, copy or transmit any Content for the benefit of any other merchant;
Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by eakinzer.com or generally publicly available browsers;
Frame, mirror or use framing techniques on any part of the Site without express prior written consent from eakinzer.com;
Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
Use any meta tags or any other hidden text utilizing eakinzer.com’s name or marks;
Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
Conduct fraudulent activities on the Site;
Violate or attempt to violate the security of the Site, whether in an automated or other technical fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service provided to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "email bombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not);
Send unsolicited or unauthorized email on behalf of eakinzer.com or any partner, including promotions and/or advertising of products or services;
Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
Harvest or collect personally identifiable information about other users of the Site;
Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
Use the Site to advertise or offer to sell or buy any goods or services without eakinzer's express prior written consent;
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, Content on, use of, or access to the Site;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Your Account

• Your Account
• Modification & Termination
• User Reviews, Comments & Submissions

Your Account

You may be required to register with eakinzer.com in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only, and you may not share your user name or password with any individual or third party (other than eakinzer.com). If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to eakinzer.com including those set forth in these Terms & Conditions, eakinzer.com reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Modification & Termination

Eakinzer.com may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users.

Eakinzer.com reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. eakinzer.com reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

User Reviews, Comments & Submissions

Eakinzer.com welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media or online. By posting content you allow eakinzer.com to feature, such as your name, social media handle, accompanying text, and any images, videos, audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") or any other shared content as long as the User Content submitted by you complies with these Terms & Conditions. User Content may not include any photographs or images you submit as part of a transaction or check-out on eakinzer.com. You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and eakinzer.com assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to eakinzer.com a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, globally, including but not limited to non-digital media and advertising channels, all without compensation to you. For this reason, do not send us or post online any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Eakinzer.com the right to include the name provided along with the User Content submitted by you; provided, however, Eakinzer.com shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as Eakinzer.com the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Eakinzer.com neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Eakinzer.com.

Transactions

User Transactions

If you wish to purchase any product or service made available through the Site including items sold by eakinzer.com and items sold by an eakinzer.com Partner (each such purchase is a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to eakinzer.com the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All digital products, media, and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Eakinzer.com reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Eakinzer.com, our agents or delivery partners may call or text by telephone regarding your account, your Transactions or delivery of your purchases. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Target reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Limitations on Quantity

Eakinzer.com does not offer additional discounts on large orders of a single item or on large orders of many individual items on eakinzer.com unless expressly noted in a promotion and with use of said promotion's code. If you are interested in large orders over the quantity of 30, depending on the item, we may be able to provide bulk pricing in certain circumstances - no guarantee - please inquire with sales@eakinzer.com. Please note that any bulk orders through sales@eakinzer.com may require additional lead time for production and shipping. While we will do our best to supply your order as fast as possible from date of purchase, lead times - depending on the product - may increase for larger orders as much as 1-2 weeks. However, if this is the case we will disclose this extended timeframe for meeting your order in advance of purchase.

In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Eakinzer.com reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

Colors: Eakinzer.com strives to display as accurately as possible the colors of the products shown on the Site; however, eakinzer.com cannot and does not guarantee that your monitor’s display of any color will be accurate.

Availability, Errors & Inaccuracies

rules for promotions

If an item is out of stock, eakinzer.com, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if eakinzer.com, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, upgrading a 100% cotton t-shirt to organic cotton t-shirt.

Eakinzer.com's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped. Eakinzer.com makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for items sold by Partners. Eakinzer.com, reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. Eakinzer.com Partners may have different shipping procedures and processes in place for item availability and price adjustments

Rules for Promotions: Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

Returns: If you are not fully satisfied with your purchase of items sold by Target, you may return it in accordance with Target’s Return Policy. If you are not satisfied with your purchase of items sold by a Target Plus Partner, you may return it to a Target Store or by mail in accordance with the Target Plus Partner’s Return Policy. The Return Policy and each Target Plus Partner’s Return Policy is incorporated into these Terms & Conditions in its entirety.

Gift Cards & Certificates: All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Minnesota. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

Music Downloads

Digital music downloads offered by Target ("Music Downloads") are provided for your personal, noncommercial use only in the United States, its territories and possessions. All purchases of music content ("Music Content") are deemed final and are non-refundable. The use and purchase of Music Content require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. We reserve the right to change the prices and availability, including removal of Music Content, without prior notice to you. In accessing Music Content through Target, You agree:

To not modify, or attempt to modify, any software or Music Content purchased through Target for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Music Content.
Any reproduction, redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub license, modification, promotion or other use of the Music Content, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, without the prior written consent of the copyright owner is a violation of the law and is expressly prohibited.
Other than as expressly set forth herein, copying, sharing or transferring of the Music Content is expressly prohibited.

Downloads of Music Content may be purchased individually, collectively as albums, or, in some cases, only in the form of albums. All Music Downloads sold through Target are encoded in a high quality MP3 or AAC+ format. Once a Music Download is burned to a CD it may not be copied, distributed or transferred from that CD to any other media or device. Music Content may not be used as a musical "ringer" in connections with phone calls. All Music Downloads of Sony Music Entertainment content are sold directly by SME Digital LLC via MediaNet as its agent.

Video, Movie, TV Program & Computer Game Ratings: Target participates in the video and computer game industry’s standardized rating system developed by the Entertainment Software Rating Board (ESRB), and in the Motion Picture Association of America (MPAA) ratings system. ESRB ratings are placed on game packaging and MPAA ratings are placed on movie and television show packaging to let you know the nature of the content and the ages for which the game or movie is appropriate. You can find this information on the item description page for the game or movie, and you can also learn more by going to ESRB Guidelines. Target does not sell games rated "AO: Adult Only" or movies rated NC-17. Games rated "M: Mature" and movies rated R are intended for mature audiences only and are noted as such on this Site. By ordering any "M: Mature" rated game, certain "RP: Rating Pending" games, an R-rated movie, or certain "NR: Not Rated" movies, you are certifying that you are at least 17 years of age.

Mobile Terms and Conditions

1.) These terms and conditions apply to SMS text messages sent by Target. These messages can be recurring or one-time SMS text messages.

2.) You can cancel the SMS service at any time. Just text “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code or number, as applicable. If you want to restart the text messages, you will need to provide your consent again.

3.) If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

4.) Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to Target as part of this service. Target may use this information to contact you and provide services you request from Target. Target may also use this information as described in the subscription list you’ve enrolled in. Target may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy at Target.com/Privacy

5.) As always, message and data rates may apply for any messages sent to you from us and to us from you. If enrolled in a subscription, the maximum number of messages per month you will receive will vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services Target provides, contact us at 1-800-440-0680.

6.) Target will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

7.) We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

8.) You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Target or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.

9.) If you have questions regarding how Target collects, uses, shares, and protects guest information, please read our privacy policy at Target.com/Privacy.

Terms of service

Your Account

• Your Account• Modification & Termination• User Reviews, Comments & Submissions

Transactions

Rules for Promotions

• Your Account
• Modification & Termination
• User Reviews, Comments & Submissions