Terms

Admit to the KnockoutShoppe.com. This e-fine art website and its mobile site are owned and operated by Mbrella Digital, Inc. through its subsidiary, The Knockout Shoppe. We provide products, information, and features ("The Knockout Shoppe Services") to you when you visit our website, subject to the conditions listed below.

By using The Knockout Shoppe Services, you agree to these conditions, so read through them carefully. 

Information & Communications

Privacy

Please review our Privacy Policy, which is important in overseeing your use of our site, to understand our practices concerning your data information fully.

Your Account

You must register your Knockout Shoppe account to utilize many of our online services. You are responsible for the confidentiality of your account, including its password, for restricting access. You also agree to be solely responsible for all activities that may take place via your account. Adults 18 and older may purchase items on our site with a credit card or other accepted payment method. The Knockout Shoppe reserves the right to refuse any service, terminate any account, remove or edit user-generated content, or cancel orders at our discretion.

Electronic Communications

You may communicate with us electronically when you use or access The Knockout Shoppe Services from your desktop or mobile device. You agree to receive digital communications from The Knockout Shoppe, such as email, text messages, mobile push notifications, or other on-site messages. You may keep copies of these documents for your internal record keeping. You agree that all notices, disclosures, agreements, and other communications that The Knockout Shoppe provides to you digitally satisfy any legal requirements that such communications be in writing.

User Content

The Knockout Shoppe allows you to submit content through various electronic means and on different site areas. Examples of User Content include questions, testimonials, reviews, comments, suggestions, photos, and videos.

By submitting User Content to The Knockout Shoppe, you now grant The Knockout Shoppe a continuous, global, immutable, non-exclusive, royalty-free, and transferable right and license to use, reproduce, edit, modify, reformat, rephrase, broadcast, and display such content throughout the world, without restriction and recompense to you or your representatives. You agree not to use misleading information, including inaccurate email addresses, impersonations of any person or entity, or otherwise mislead as to the origin of any User Content you submit. You also grant The Knockout Shoppe the right to use the name you submit in connection with any User Content.

You represent and attest to The Knockout Shoppe that:

• You own or otherwise control all of the legal rights to use or authorize The Knockout Shoppe to use your User Content.
• Your User Content does not violate any copyright, trademark, patent, license, intellectual property right, or any third party's right to privacy.
• Your User Content is not illegal, profane, defamatory, threatening, or otherwise harmful to third parties. It does not contain harmful software, solicitations, chain letters, political campaigning, or any form of electronic "spam."
• You are and will remain solely responsible for your User Content and agree to remunerate and hold harmless The Knockout Shoppe for all claims and consequences resulting from any User Content published by you or any third party.

The Knockout Shoppe does not support any User Content and reserves the right to review, refuse, edit or withdraw such content at its discretion. The Knockout Shoppe is not responsible and presumes no liability for any User Content posted by you or any third party.

Intellectual Property

Copyright

 All content included in or made available through The Knockout Shoppe Services is the property of The Knockout Shoppe or its suppliers and is secured by United States and international copyright laws. Content includes, but is not limited to, graphics, text, button icons, images, data compilations, digital downloads, video, and audio clips. Likewise, the compilation of content in or made available through The Knockout Shoppe Services is the exclusive property of The Knockout Shoppe. It is protected by the United States of America and International Copyright Laws. Duplication, modification, transmission, or dispersal of the content on our site is strictly proscribed. Any unauthorized use of content appearing on knockoutshoppe.com may violate copyright, trademark, and other licensing laws, resulting in criminal or civil charges imposed by The Knockout Shoppe or our suppliers. You agree to be responsible and liable for all damages resulting from any infringement of such laws.

Trademarks

All images, logos, icons, service marks, and trade names included in or used by the services of The Knockout Shoppe are trademarks of The Knockout Shoppe in the U.S. and other countries. These trademarks may not be used with any service or product that The Knockout Shoppe does not own. All other trademarks in The Knockout Shoppe are the property of their respective owners. These entities may or may not be related to or approved by The Knockout Shoppe.

Licenses & Access

According to your agreement and compliance with the Terms of Use, The Knockout Shoppe grants you a limited, non-sublicensable, non-exclusive, non-transferable license to access and non-commercial use The Knockout Shoppe Services. This license does not include any resale, retail use, or collection of product listings, articles, or derivatives of The Knockout Shoppe Services or its contents for the benefit of any third party. The Knockout Shoppe or its product, content, and service providers reserve rights not expressly granted in the Terms. No part of The Knockout Shoppe Service may be conceivably reproduced, sold, or manipulated for any retail purpose without the express written consent of The Knockout Shoppe.

Product Purchases

Product Descriptions

We aim to provide a satisfying and edifying shopping experience for all visitors and returning investors. The Knockout Shoppe attempts to be as ingenious, accurate, and precise as possible in all product descriptions and other content on our site and through digital communications. We do not, however, attest that this information is current, correct, accurate, or complete. Our information comes from manufacturers, who provide data such as measurements that may vary slightly from product to product. We depend on them to inform us of any updated information should product specifications change. If a product offered on The Knockout Shoppe is not as described, you must request a cancellation of the order. For details, please review our Return Policy.

Hues and Style

The Knockout Shoppe makes every effort to provide you with various digital graphics that can give you a precise picture of what the product looks like in real life. However, we are limited to the images, renderings, and styles available through our partners. Products taken on white backgrounds and environmental photos in rooms or outdoor places are helpful but do not guarantee the exact hue. Viewing images on a monitor can make colors look more vivid than they appear. Because every monitor or screen, whether on a computer, tablet, or smartphone, displays hues differently, we cannot guarantee that any color displayed on our site will be faithful to color.

Pricing

The Knockout Shoppe cannot guarantee the price of items sold on www.knockoutshoppe.com until they have been verified and placed for order with the creator. Despite all practical efforts, a few items on our site may change in price. The variability may be due to oversights in uploading product information to our databases infrastructure, the manufacturer may have adjusted their prices, and the change still needs to be implemented, or for some other reason. The Knockout Shoppe reserves the right to change pricing without notice. Suppose The Knockout Shoppe discovers a pricing error after submitting an order. In that case, The Knockout Shoppe will contact the investor to determine if they want to retain or cancel it.

Returns, Refunds & Title

The Knockout Shoppe accepts returns of most items on our website under the condition that it meets the manufacturer's requirements of product eligibility, issue, documentation, and timing. Some fees may apply, and refunds may be partial or full, depending on the case. The Knockout Shoppe is an online-only retailer, and we never handle the product physically while delivering your order from the manufacturer's warehouse. For more information about returns and refunds, please read our Return Policy.

Website Governance

Disputes & Applicable Laws

 The Knockout Shoppe resolves most disputes between parties without arbitration. If a dispute should arise, you or The Knockout Shoppe must notify the other. This notifier must provide a detailed written description of the issue or condition in dispute, the resolution requested, and the contact information of the issuing party. You must notify The Knockout Shoppe via our contact form or email, Dempsey@knockoutshoppe.com. The Knockout Shoppe will send any such notice to you to the extent that it has your contact information.

Both parties agree to put forth their most reasonable efforts to settle any inquiry, claim, dispute, or disagreement through direct consultation. Good faith negotiations shall be necessary for either party before initiating any subsequent legal action. Should direct consultation fail to produce a mutually agreed-upon resolution, any dispute or claim relating to your use of The Knockout Shoppe Service, or any products sold by The Knockout Shoppe, will be resolved through legally binding arbitration rather than in court.

By using The Knockout Shoppe Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that may arise between you and The Knockout Shoppe.

Copyright Complaints

The Knockout Shoppe recognizes and respects the intellectual property of others. If you believe that your imagery, content, or other work has been reproduced in a manner that constitutes copyright infringement, please submit your complaint using the takedown notice provisions stipulated by the Digital Millennium Copyright Act (DMCA) and email the completed notice to us via our contact form. The Knockout Shoppe will respond quickly to your concerns and immediately remove any infringed content upon receipt of valid DMCA Takedown Notices.

DMCA Takedown Notice Requirements

1. Physical or electronic signature of the person who is authorized to act on behalf of the owner of the copyright that is allegedly infringed upon
2. A detailed description of the copyrighted work claimed to have been infringed upon
3. Description of where, on our site or communications, the material that you claim is infringing is located
4. Contact information such as an address, telephone number, and email address to enable us to communicate with you
5. A statement that you have a good-faith belief that the copyright owner does not authorize our use of the disputed material
6. A statement that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf

Site Policies, Modifications & Severability

Your use of The Knockout Shoppe Services is governed by our policies, such as our Privacy Policy. We reserve the right to append, remove or otherwise change any part of our site, policies, and these Terms of Use at our timely discretion. Should any of these terms be considered void, invalid, or unenforceable, that term shall be deemed severable and shall not affect any remaining term of use.

Disclaimer, Limitation of Liability & Indemnification

Warranty Disclaimer

This site and the materials and products displayed are provided "as is" and without warranties, whether express or implied. To the fullest extent permissible according to applicable law, The Knockout Shoppe disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and non-infringement. The Knockout Shoppe does not represent or attest that the functions on www.knockoutshoppe.com will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available is free of harmful components and software. The Knockout Shoppe does not make any assurances or representations regarding the use of the materials on this site in terms of their correctness, accuracy, sufficiency, efficacy, timeliness, dependability, or otherwise. Some states do not permit limitations or exclusions on warranties; therefore, the above limitations may not apply to you.

Limitation of Liability

The Knockout Shoppe shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Knockout Shoppe has been notified of the possibility of such damages. The applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages; therefore, the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless The Knockout Shoppe, its employees, directors, vendors, licensors, and suppliers from and against all losses, expenses, damages, and costs, including attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.