Updated: March 2022

The website, MellonBall (the “Website”) is operated by MellonBall. Our business address is 4460 Redwood Highway, Suite 16-609, San Rafael, CA 94903.
Throughout the site, the terms "we", "us" and "our" and "MellonBall" refer to MellonBall. These terms of use apply to the use of the Website including all information, tools, services and products.

By using the Website or placing an order with us, you are agreeing to accept and be bound by these terms of use (the “Terms”) including any additional terms and policies (such as our Privacy Policy) which we refer to in the Terms and make available by hyperlink.

‍The Terms set out your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law. The Terms apply to all users of the website, including, without limitation, browsers, vendors, customers, merchants, and contributors of content. Please read the Terms carefully before accessing or using the Website and before you submit your order to us.Any new features or tools which are added to the Website shall also be subject to the Terms.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

‍How to contact us: Questions about the Terms should be sent to us at contact@mellonball.com
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‍How we may contact you:
‍If we need to contact you we will do so by email, telephone or by writing to you using the contact details you have provided to us.

‍Section 1 - Online store terms
‍Your contract for purchases made through the Website is with MellonBall and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.You may not use our products for any illegal or unauthorised purpose nor may you, violate any laws in your jurisdiction (including but not limited to copyright and trade mark laws).You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of this contract.

‍Section 2 - General Conditions
‍We reserve the right to refuse orders made by you for any reason at any time. The headings used in this agreement are included for convenience only and will not limit or otherwise affect the Terms.

‍Section 3 - Accuracy, Completeness and timeliness of Information
We have multiple sources of information on the site, including references to third parties, authors, bands, performing artists, causes, places, businesses etc. As such, we are are not responsible if information made available on the website is not accurate, complete or current.

The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk. The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

‍Section 4 – Ordering & how we enter into a legally binding contract with you
‍When you place an order with us on the Website, a legally binding contract between you and us is made. Please read and check your order carefully before submitting it. If you wish to make a change to the product you have ordered or the information that you have provided to us, please contact us as soon as possible. We do not guarantee that you can make any changes once an order has been submitted but we will try our best to help you.We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 - your right to end the contract). When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.In some limited circumstances, we may contact you to tell you that we do not accept your order. This is typically for the following reasons:the goods are not available; we cannot authorise the payment; you are not allowed to buy the goods from us; we are not allowed to sell the goods to you; you have ordered too many goods; or there has been a mistake on the pricing or the description of the goods.

We will only accept your order when we email you to confirm that the order is being shipped to you (the “Order Shipped” email). At this point a legally binding contract is created between you and us and we will dispatch the goods to you. If you are under the age of 18 you may buy goods from the website, under certain conditions.

‍Section 5 - Delivery In the US,
several vendors to deliver orders. The estimated date and time window for delivery of the goods is set out in the Order Shipped Email we send to you when your order is dispatched.We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

Delivery of the goods will take place when we deliver them to the address that you gave to us at the time of placing your order. You are responsible for the goods when delivery has taken place.Section 6 – Products: sale of and changes toCertain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our

‍Returns Policy.
The images of the products on the website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate. Your product may vary slightly from those images. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction or to persons that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.All descriptions of products including product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

‍Section 7 - Nature of the goods
‍We must provide you with goods that comply with your legal rights. Please note that the packaging of the goods may be different from that shown on the site. If we can’t supply certain goods we will contact you to let you know as soon as possible and refund you for the goods we cannot supply.Please contact us at contact@mellonball.com, if you have any questions in this regard.

Section 8 - Modifications to the goods and prices
‍Prices for the products are subject to change without notice.When you make an order with us, the price is set out at the order process. Unless stated otherwise, the prices of the products are exclusive of delivery and any other related charges. Where applicable, these charges will be set out at the final stage of the order process. Discount codes are only valid on full-price items and cannot be combined with any other offers. They will usually have a minimum basket value of $75 unless otherwise specified.

We reserve the right at any time to modify or discontinue the products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products.

‍Section 9 – Right to Cancel
‍You have the right to cancel any contract to purchase goods from us with us within 14 days from the date you acquire the goods. You acquire the goods when you, or any third party you nominate (such as a neighbour or co-worker), accepts delivery of the physical goods. You do not need to give us a reason for the cancellation.To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement using the contact details contact@mellonball.com.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery that is more expensive than our standard delivery).We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.We will make the reimbursement as soon as possible, and not later than: 14 days after the day we receive the goods back from you; or(if earlier) 14 days after the day you provide evidence that you have returned the goods to us; or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.We will make the reimbursement using the same means of payment as you used for the initial transaction. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earliest.If you received the goods, you are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

‍Section 10 - Accuracy of billing and account information
‍You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

‍Section 11 - Optional tools
‍We may provide you with access to optional tools which are run by businesses that are not connected to us and over which we have no control (Third Party Tools).You acknowledge and agree that we provide access to such Third Party Tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of the Third Party Tools. Any use by you of Third Party Tools is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which Third Party Tools are provided before use.We may in the future, offer new goods, services and features through the Website such as new tools and resources. These goods and services shall also be subject to the Terms.For more information on your rights relating to Third Party Tools, please see our

‍Section 12 - Payment options
‍We accept the following credit cards and debit cards: Visa, Mastercard, American Express, Amazon Pay, PayPal, Stripe. If we are unable to fulfil any items in your order, or your whole order, you will be refunded and we will contact you to confirm. All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

If your payment is not received by us and you have already received the goods, you must:pay for such goods within 30 days; or return them to us as soon as possible.If you return the goods, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions given with the goods) and not use them before you return them to us.If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

Nothing in these Terms affects your legal rights to cancel the contract during the ‘cooling off’ period. The price of the goods: is in US dollars ($)(USD);includes VAT at the applicable rate; and does not include the cost of delivering the goods .
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Section 16 - User comments, feedback and other submissions
‍If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation to (1) keep any comments confidential; (2) pay compensation for any comments; or (3) respond to any comments. We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any third party’s rights, including copyright, trade marks, privacy, or any other personal or proprietary right anywhere in the world. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect our business including the operation of the Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

‍Section 17 - Personal information
‍Your submission of personal information through the store is governed by our Privacy Policy. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in accordance with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.Your credit card information is always encrypted during transfer over networks.

‍Section 18 - Errors, inaccuracies and omissions
‍Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.

‍Section 19 - Prohibited uses
‍In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

‍Section 20 - Disclaimer of warranties and Limitation of liability
‍We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

‍Section 21 - Indemnification
‍You agree to indemnify, defend and hold harmless SPOKE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

‍Section 22 - Severability.
‍If any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

‍Section 23 - Termination.
‍These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Website.We also may terminate this agreement at any time without notice if we suspect that you have breached any of these Terms, this includes, but is not limited to, if we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on the WebsiteFollowing termination, we may deny you access to the Website or any part of the Website including but not limited to the ability to place further orders via the Website.

Section 24 - Copyrights
Images contained on the products we offer are strictly copyrighted by the respective authors, copyright holders and/ or by MellonBall and are published with specific permission and licenses. Purchase of an item does not give, grant or assign the purchaser any copyrights, license, nor does it grant the purchaser to alter or create derivative works or other privileges other than the use of the item as an article of clothing. If you wish to extend your use of the copyrighted material, you may contact us, or the original creator/artist/copyright holder.

‍Section 25 - No Waiver and entire agreement.
The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms including any additional terms or policies which are incorporated into the Terms constitute the entire agreement and understanding between us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

‍Section 26 - Third party rights.
‍No one other than a party to this contract has any right to enforce any term of this contract.

‍Section 27 – Our responsibility to you.
‍Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses that: were not foreseeable to you and us when the contract was formed; that were not caused by any breach on our part; business losses; and losses to non-consumers.

‍Section 28 – Resolution of Disputes.
‍We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods, our service to you, or any other matter please contact us at contact@mellonball.com as soon as possible. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:let you know that we cannot settle the dispute with you; and give you certain information required about alternative dispute resolution.

The laws of California, will apply to this contract.