Terms | Fair Game Merch 3

Terms & Conditions

Last Updated: May 9, 2025

THESE TERMS CONTAIN A CLASS-ACTION WAIVER. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE-RESOLUTION PROVISION BELOW, BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THIS WEBSITE.

These terms and conditions (the “Terms”) apply to Fair Game Merch (“FGM”, “we”, “our”, or “us”) and to: (a) the website that is operated by FGM and located at www.fairgamemerch.com and the content therein and thereon (collectively, the “Site”); and (b) any product that is offered on the Sites (“Product”). Please read these Terms carefully. By visiting, accessing, or otherwise using in any way the Site or by ordering, purchasing, receiving, or using any FGM Product at any time, you agree to these Terms and our Privacy Policy, which is hereby incorporated into these Terms by reference, without limitation or qualification. If you do not agree to these Terms, you may not purchase any Products.

Website owner, the offering, and binding of Terms

This website is owned and operated by FGM. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. The Site offers visitors merchandise. By accessing or using the website of our service, you agree that you have read, understood, and agree to be bound by these Terms.

Permission to use the Site

In order to use the Site and/or receive our services, you must possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use the Site and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Key commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Information about sales tax will be provided to you on the payments page before you complete your order.

Return and refund policy

All of our products are sold “as is,” and returns are permitted solely at our discretion.

Risks relating to delivery failures and snafus
Risk of loss and title for Products purchased from FGM falls on you upon our passing, to third-party delivery carriers such as USPS or UPS, of a Product. You are responsible for filing any claims with such third-party delivery carriers.

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Ownership of intellectual property, copyrights, and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of FGM. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Indemnification

You agree to indemnify and hold FGM harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall FGM be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Site.

To the maximum extent permitted by applicable law, FGM assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. Your continued use of the Site or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

Class-Action Waiver / Jury-Trial Waiver

You and FGM agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private-attorney-general, or representative proceeding. This means that you and FGM may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring his own individual claim. This also means that you and FGM may not participate in any class, collective, consolidated, private-attorney-general, or representative proceeding brought by any third party. This provision shall not be construed as a waiver of your right to seek public injunctive relief under California law to the extent that such right might otherwise be available to you.

You and FGM agree that all Disputes shall be resolved by a judge rather than a jury, and each party irrevocably and unconditionally waives any right we or you may have to a trial by jury.

Time Limitation

You agree to bring any and all Disputes against us within one year from the date of accrual of a cause of action, that actions brought after this date will be deemed time-barred, and that you will pay FGM’s reasonable legal fees in the event that you bring an action that is, or is deemed, time-barred.

Venue

All Disputes must be litigated in a federal or state court in New York County, New York. You consent and submit to the exclusive jurisdiction of the state and federal courts in and for New York County, New York.

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of [Name of Country / State], without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.