THENEWTEE

Last Updated: October 31, 2023

Welcome, and thank you for your interest in THENEWTEE (“Creator,” “we,” or “us”) and our website at https://thenewtee.com, provided through Fourthwall, (the “Service”). These Terms of Service are a legally binding contract between you and Creator regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CREATOR’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND CREATOR’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CREATOR AND BY YOU TO BE BOUND BY THESE TERMS.

1. Creator Service Overview. We offer a website where you can purchase merchandise that we make available for sale, including digital products and memberships (“Memberships” and, collectively with all other merchandise, "Products").

2. Eligibility. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration. To access certain features or Memberships, you may be required to register for an account. When you register for an account, you agree to provide us with accurate, current, and complete information, and to keep this information up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must immediately notify us at support@thenewtee.com.

4. General Payment Terms. Purchase of any Product through the Service will require you to pay applicable fees. Before you pay, you will have an opportunity to review and accept the fees that you will be charged. All fees are quoted in U.S. Dollars.
• Price: Creator reserves the right to determine pricing for all Products and Memberships. We make reasonable efforts to keep pricing information published on the website up to date. Creator may change fees for any Product or Membership with advance notice before changes apply.
• Authorization: You authorize Creator and its third-party payment processors to charge all sums for the Products you purchase and Memberships you subscribe to, including all applicable taxes, to the payment method specified in your account.
• Memberships: Memberships include automatically recurring payments for periodic charges. If you activate a Membership, you authorize the periodic charge on a recurring basis until cancellation. You may cancel your Membership at any time through your account settings or by contacting us at support@thenewtee.com.

5. Returns and Refunds. Please refer to our Shipping & Returns Policy for full details on order handling. We accept returns and provide full replacements or refunds for damaged, defective, or misprinted Products reported within 30 days of delivery. Because items are custom printed on demand, we do not accept general returns or exchanges for change of mind or sizing preferences.

6. Shipping and Delivery. All Products purchased through the Service will be shipped according to the terms selected at checkout to the shipping address you provide. Shipping costs and estimated delivery windows will be specified during checkout.

7. Limited License and Proprietary Rights.
• Limited License: Subject to your complete compliance with these Terms, Creator grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Service.
• License Restrictions: You may not reproduce, distribute, modify, reverse engineer, or circumvent any security feature of the Service.
• Ownership: The Service is owned and operated by Creator and Fourthwall. All visual interfaces, graphics, designs, logos, software, and content (“Materials”) are protected by intellectual property laws and remain the exclusive property of Creator, Fourthwall, or their licensors.

8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
• Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• Infringe or misappropriate any third-party intellectual property or privacy rights;
• Interfere with security-related features, upload malicious code, viruses, or spam;
• Perform any fraudulent activity, including impersonating any person or entity;
• Resell, assign, or commercially exploit access to the Service or any Materials without express authorization.

9. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please review these Terms periodically for changes. If a change materially modifies your rights or obligations, we will make reasonable efforts to notify you. Material modifications become effective upon your acceptance or continued use of the Service following notice.

10. Termination. If you violate any provision of these Terms, your authorization to access the Service automatically terminates. In addition, Creator or Fourthwall may terminate these Terms or suspend your access to the Service at any time, for any reason, with or without notice. You may terminate your account at any time by contacting customer service at support@thenewtee.com.

11. Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CREATOR AND FOURTHWALL DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS.

12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CREATOR OR FOURTHWALL (INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY MATERIALS ON THE SERVICE. THE AGGREGATE LIABILITY OF THE CREATOR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO CREATOR FOR PRODUCTS IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100.

13. Governing Law and Dispute Resolution. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Creator submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the resolution of any lawsuit or proceeding permitted under these Terms.

14. Contact Information. The Service is offered by THENEWTEE. You may contact us with any questions or support inquiries by emailing support@thenewtee.com.

15. Notice to California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.