Terms of service

SOME NERD STUFF, LLC

TERMS OF USE

Effective Date: 09.01.2026
Last Updated: 09.01.2026

OVERVIEW

This website is operated by Some Nerd Stuff, LLC (“Some Nerd Stuff,” “we,” “us,” or “our”).

We provide this website, including the information, features, products, services, and other resources available through it (collectively, the “Services”), subject to these Terms of Use and any policies referenced in them.

By accessing or using our website, purchasing products or Services from us, or submitting information or materials through our website, you agree to these Terms of Use (“Terms”) and the policies incorporated into them by reference. These Terms apply to visitors, customers, purchasers, and others who access or use our Services.

Please read these Terms carefully before using our website or Services. If you do not agree to these Terms, you should not use our website or Services.

We may add, remove, or modify features, products, Services, or other portions of our website from time to time. Any changes to these Terms will be handled as described in the “Changes to These Terms” section below and in accordance with applicable law.

Our online store is hosted by Shopify Inc., which provides the ecommerce platform that enables us to offer and sell our products and Services online.

SECTION 1 - ONLINE STORE TERMS

By using our Services or making a purchase through our website, you represent that you have the legal capacity to enter into a binding transaction or, if you are a minor, that you are using the Services with the authorization of a parent or legal guardian.

You may not use our website, Services, or products for any unlawful or unauthorized purpose, or use the Services in a manner that violates applicable laws or the rights of others, including intellectual property rights.

You may not transmit malware, viruses, malicious code, or other material intended to disrupt, damage, interfere with, or compromise the operation or security of our website, Services, or related systems.

A breach or violation of these Terms may result in the suspension or termination of your access to the Services, subject to applicable law.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse, restrict, suspend, or cancel Services or orders when reasonably necessary, including in cases of suspected fraud, unlawful activity, abuse, violation of these Terms, infringement of third-party rights, or other legitimate business reasons, subject to applicable law.

You may not reproduce, duplicate, copy, sell, resell, exploit, or commercially use any portion of the Services or access to the Services without our prior written permission, except as otherwise permitted by applicable law.

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 3 - ACCURACY AND TIMELINESS OF INFORMATION

We make reasonable efforts to keep the information on our website accurate and current. However, website content may occasionally contain errors, omissions, outdated information, or differences resulting from updates to products or Services.

Information provided in general informational, educational, blog, archival, or similar content is provided for general reference and may not always reflect the most current information available.

Because many of our products are handmade, individual items may have minor variations. Additional information regarding handmade products, product images, measurements, colors, and other product characteristics is provided in the Products and Services section of these Terms.

We may update or modify website content from time to time. Nothing in this section limits any rights or remedies available to you under applicable law.

SECTION 4 - MODIFICATIONS TO SERVICES AND PRICES

Prices for our products and Services may change from time to time without prior notice. Price changes generally apply to future purchases and do not alter the price of an order already accepted by us, except where a pricing or other error must be corrected as described elsewhere in these Terms or as permitted by applicable law.

We reserve the right to modify, suspend, discontinue, or limit any product, Service, feature, or content offered through our website at any time, subject to our obligations regarding orders already accepted and applicable law.

To the maximum extent permitted by applicable law, we will not be liable solely because we modify, suspend, discontinue, or change the price of a product, Service, feature, or website offering.

SECTION 5 - PRODUCTS AND SERVICES

We offer a variety of products and Services, including handmade and made-to-order items, and may also offer personalized, custom, or digital products. Certain products or Services may be available exclusively through our website and may be offered in limited quantities.

We make reasonable efforts to accurately describe and display our products, including their colors, dimensions, materials, features, and appearance. However, colors and other visual details may appear differently depending on lighting, photography, and the settings or display characteristics of your device. Measurements provided for handmade products may be approximate unless expressly stated otherwise.

Many Some Nerd Stuff products are handmade or individually finished. Minor variations in color, texture, shape, pattern, placement, dimensions, finish, or other handmade characteristics may naturally occur from one item to another. These reasonable variations are part of the handmade nature of the product and, by themselves, are not considered defects.

Product photographs, illustrations, digital renderings, or mockups may sometimes be used to represent a product or design. When an image is representative rather than a photograph of the exact individual item you will receive, reasonable differences may occur between the displayed example and the finished product.

We reserve the right to limit quantities, discontinue products or Services, or restrict sales where reasonably necessary, including based on product availability, geographic or shipping limitations, suspected fraud, or other legitimate business considerations, subject to applicable law.

Returns, exchanges, damaged or incorrect orders, and other available remedies are governed by our Refund and Return Policy and applicable law.

Personalized and custom products may be subject to additional terms concerning customer-provided information, approvals, cancellations, and submitted materials, as described elsewhere in these Terms.

Digital products and downloadable materials may be subject to additional license and use restrictions as described elsewhere in these Terms.

Nothing in this section limits any rights or remedies that cannot be excluded or limited under applicable law.

SECTION 6 - ORDERS, BILLING, AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel an order when reasonably necessary, including because of product availability, payment or billing issues, suspected fraud or unauthorized activity, pricing or listing errors, shipping limitations, inability to fulfill a custom or personalized request, suspected infringement of third-party rights, or other legitimate business reasons, subject to applicable law.

Receipt of an automated order confirmation does not necessarily constitute final acceptance of an order. If we are unable to accept or fulfill an order after payment has been processed, we will cancel the affected order or item and issue any refund required under our applicable policies and law.

We may limit quantities purchased per person, household, account, payment method, billing address, shipping address, or order when reasonably necessary. Purchases intended for commercial resale or distribution require our prior written authorization.

You agree to provide current, complete, and accurate information in connection with your purchases, including billing, shipping, contact, payment, and, where applicable, personalization information. You are responsible for reviewing the information you provide for accuracy before submitting your order.

By providing a payment method, you represent that you are authorized to use that payment method and authorize the applicable charges associated with your purchase.

If we need to change or cancel an order, we may attempt to contact you using the email address, telephone number, billing information, or other contact information provided with your order.

Returns, exchanges, cancellations, damaged or incorrect orders, and applicable refunds are governed by our Refund and Return Policy and applicable law.

SECTION 7 - THIRD-PARTY TOOLS AND SERVICES

Our website and Services may use, integrate with, or provide access to tools, applications, platforms, features, or services operated by third parties. These may include services that support ecommerce functionality, payments, communications, analytics, reviews, personalization, accessibility, or other features of our website and Services.

Third-party tools and services may be governed by their own terms, policies, and privacy practices. Some Nerd Stuff does not control all aspects of third-party services, including their continued availability, functionality, or independent actions.

Your use of a third-party service may be subject to the terms and policies of that third party. You should review those terms and policies when appropriate.

Information about how personal information may be collected, used, or shared in connection with our website and service providers is addressed in our Privacy Policy.

We may add, change, replace, or discontinue third-party tools or integrations from time to time without requiring an amendment to these Terms, subject to applicable law.

Nothing in this section excludes or limits any responsibility that cannot lawfully be excluded or limited.

SECTION 8 - THIRD-PARTY LINKS AND CONTENT

Our website or Services may contain links to, references to, or content from websites, resources, products, or services operated by independent third parties.

Some Nerd Stuff does not control independent third-party websites or services and is not responsible for their independent content, availability, security, policies, practices, products, or services. A link or reference to a third party does not, by itself, constitute our endorsement or guarantee of that third party.

If you choose to visit or use an independent third-party website or service, your use of that website or service and any transaction you enter into directly with that third party may be governed by the third party's own terms and policies. We encourage you to review those terms and policies when appropriate.

Questions, claims, or concerns regarding products or services purchased directly from an independent third party should generally be directed to that third party.

Nothing in this section excludes or limits any responsibility that cannot lawfully be excluded or limited.

SECTION 9 - REVIEWS, FEEDBACK, AND USER SUBMISSIONS

You may have opportunities to submit reviews, comments, feedback, suggestions, or other content through our website, social channels, communications, or Services.

If you voluntarily submit content for public display, such as a product review or public comment, you grant Some Nerd Stuff permission to display, reproduce, and use that content as reasonably necessary to operate, promote, and improve our business and Services, subject to applicable law. You retain any ownership rights you otherwise have in your original content.

You represent that content you submit does not violate applicable law or the rights of another person or entity, including intellectual property, privacy, publicity, or other proprietary rights. You may not knowingly submit false or misleading content, impersonate another person, misrepresent the origin of a submission, or transmit malicious code or harmful material.

We reserve the right to moderate, decline to publish, or remove user-submitted content when reasonably necessary, including content that is unlawful, infringing, fraudulent, abusive, threatening, obscene, misleading, or otherwise violates these Terms, subject to applicable law.

Some Nerd Stuff does not solicit confidential or proprietary creative ideas, concepts, designs, inventions, stories, characters, or product proposals through general website communications. If you voluntarily send us unsolicited creative suggestions, your submission does not create a confidential, fiduciary, partnership, employment, or compensation relationship between you and Some Nerd Stuff. This provision does not transfer ownership of your original intellectual property to Some Nerd Stuff.

Materials submitted specifically for custom or personalized orders are governed by the Customer-Submitted Materials and Intellectual Property section of these Terms.

SECTION 10 - PERSONAL INFORMATION AND PRIVACY

Our collection, use, disclosure, retention, and protection of personal information in connection with our website and Services are described in our Privacy Policy and are subject to applicable law.

Our Privacy Policy also provides information about privacy choices and rights that may be available to you and how to contact us regarding privacy-related requests.

By using our website or Services, you acknowledge that you have had the opportunity to review our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

We make reasonable efforts to provide accurate information about our products, Services, pricing, promotions, shipping, availability, and other website content. However, typographical, technical, inventory, pricing, promotional, or other genuine errors or omissions may occasionally occur.

We reserve the right to correct an error or omission and to update inaccurate information when discovered, subject to applicable law.

If an error affects an order you have already submitted, we may contact you to provide corrected information, offer available options, or cancel the affected item or order when reasonably necessary. If we cancel an item or order for which payment has already been collected, we will issue the applicable refund.

We are not obligated to honor an incorrect price, promotion, product description, shipping charge, or other term resulting from an obvious or genuine error where applicable law permits correction of that error.

Shipping and delivery estimates are estimates rather than guarantees unless we expressly state otherwise. Additional information regarding processing, shipping, delivery, and related issues is provided in our Shipping Policy.

Nothing in this section limits rights or remedies available under applicable law.

SECTION 12 - PROHIBITED USES

You may not use our website, Services, or content to engage in unlawful, fraudulent, abusive, harmful, or unauthorized activity.

Without limiting the foregoing, you may not:

violate applicable laws, regulations, or the legal rights of another person or entity;
infringe or misappropriate copyrights, trademarks, privacy rights, publicity rights, intellectual property rights, or other proprietary rights belonging to Some Nerd Stuff or any third party;
submit false, fraudulent, deceptive, or misleading information, or impersonate another person or entity;
harass, threaten, abuse, defame, intimidate, or unlawfully discriminate against another person;
transmit malware, viruses, malicious code, or other technology intended to damage, disrupt, interfere with, or gain unauthorized access to our website, Services, systems, or data;
attempt to bypass, disable, interfere with, or circumvent security, access-control, purchase, or other protective features of our website or Services;
collect, harvest, or attempt to obtain personal information about others without lawful authorization;
use our website or Services to distribute spam, conduct phishing or other fraudulent activity, or facilitate unlawful communications;
use bots, crawlers, scrapers, automated extraction tools, or similar methods to systematically access, copy, harvest, download, or extract content or data from our website without our prior written permission, except where such activity is permitted by applicable law;
use content obtained from our website to create, train, develop, test, or improve artificial intelligence, machine-learning systems, models, or datasets without our prior written permission, except where such use is authorized by us or permitted by applicable law; or
interfere with the normal operation, security, or availability of our website or Services.

Nothing in this section prohibits ordinary browsing, linking to publicly available pages, use of assistive technologies, accessibility tools, or other lawful uses of our website and content consistent with these Terms.

We reserve the right to restrict, suspend, or terminate access to our Services when we reasonably believe these Terms have been violated, subject to applicable law.

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We make reasonable efforts to provide reliable access to our website and Services, but we do not guarantee that the website, its features, or other digital Services will always be uninterrupted, secure, error-free, or continuously available. Website functionality may occasionally be affected by maintenance, technical issues, third-party services, events outside our reasonable control, or other circumstances.

Except for warranties, representations, or remedies expressly provided by Some Nerd Stuff or required by applicable law, our website and digital Services are provided on an “as available” basis.

To the maximum extent permitted by applicable law, Some Nerd Stuff and its owners, officers, employees, agents, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or relating to your use of our website, Services, or products, including lost profits, lost revenue, lost business opportunities, or loss of data, where such damages may lawfully be excluded or limited.

To the maximum extent permitted by applicable law, the aggregate liability of Some Nerd Stuff arising out of or relating to a particular product, Service, order, or transaction will not exceed the amount actually paid to Some Nerd Stuff for the product, Service, order, or transaction giving rise to the claim.

The limitations in this section do not apply to liability, rights, warranties, or remedies that cannot lawfully be excluded, waived, or limited. Nothing in these Terms is intended to limit any mandatory consumer protection or other legal right available to you under applicable law.

SECTION 14 - INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Some Nerd Stuff, LLC and its owners, officers, employees, agents, contractors, service providers, and affiliates from third-party claims, damages, liabilities, losses, and reasonable legal costs arising out of or relating to:

your material breach of these Terms;
your unlawful or unauthorized use of our website or Services;
your violation of applicable law or the rights of another person or entity; or
content, artwork, photographs, logos, text, graphics, designs, or other materials you provide to Some Nerd Stuff that infringe, misappropriate, or otherwise violate the rights of a third party.

This indemnification obligation does not apply to the extent a claim results from the wrongful conduct of Some Nerd Stuff or where indemnification is otherwise prohibited by applicable law.

Additional terms regarding materials provided for custom or personalized products are contained in the Customer-Submitted Materials and Intellectual Property section of these Terms.

SECTION 15 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be limited, modified, or severed to the minimum extent necessary so that the remaining provisions of these Terms remain valid and enforceable to the fullest extent permitted by applicable law.

The invalidity or unenforceability of one provision will not affect the validity or enforceability of the remaining provisions of these Terms.

SECTION 16 - SUSPENSION AND TERMINATION

You may stop using our website or Services at any time.

We reserve the right to restrict, suspend, or terminate access to some or all of our Services when we reasonably believe a user has violated these Terms, engaged in unlawful or fraudulent activity, interfered with the security or operation of our Services, violated the rights of Some Nerd Stuff or a third party, or when restriction or termination is otherwise reasonably necessary and permitted by applicable law.

Suspension or termination of access does not automatically cancel or alter an existing order. Any affected order will be handled in accordance with these Terms, our applicable policies, the circumstances of the order, and applicable law.

Termination or cessation of use does not relieve either party of obligations or liabilities that arose before termination. Provisions that by their nature are intended to survive termination, including provisions concerning payment obligations, intellectual property, licenses, customer-submitted materials, limitation of liability, indemnification, and dispute-related terms, will continue to apply as appropriate.

SECTION 17 - ENTIRE AGREEMENT; NO WAIVER

If Some Nerd Stuff does not exercise or enforce a right or provision of these Terms on a particular occasion, that does not constitute a waiver of that right or provision or prevent us from exercising or enforcing it in the future.

These Terms, together with policies and additional terms expressly incorporated by reference or applicable to a particular product or Service, constitute the agreement between you and Some Nerd Stuff regarding your use of our website, Services, and purchases, except where otherwise required by applicable law.

Where specific terms or license conditions are expressly provided for a particular product, Service, promotion, or digital item, those specific terms will control with respect to that particular subject if they conflict with a more general provision of these Terms, to the extent permitted by applicable law.

SECTION 18 - GOVERNING LAW AND VENUE

These Terms and your use of our Services will be governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflict of laws, except to the extent that applicable law requires otherwise.

To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms, our Services, or a transaction with Some Nerd Stuff that is brought in court will be brought in an appropriate state or federal court having jurisdiction over the area in Florida where Some Nerd Stuff, LLC maintains its principal place of business.

Nothing in this section limits any consumer protection, privacy, or other right that cannot lawfully be waived or restricted by agreement.

SECTION 19 - CHANGES TO THESE TERMS

We may update or modify these Terms from time to time to reflect changes to our products, Services, business practices, website, or legal and regulatory requirements.

The most current version of these Terms will be available on our website. The “Last Updated” and “Effective” dates displayed with these Terms indicate when the current version was most recently revised and became effective.

Changes generally apply prospectively from their effective date and will not retroactively alter the terms of a completed transaction except where permitted or required by applicable law.

If we make a material change that significantly affects existing rights or obligations, we may provide additional notice when required by applicable law or when we determine that additional notice is reasonably appropriate. The method of notice may depend on the nature of the change and the individuals affected.

Your continued use of our website or Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law. If you do not agree to the revised Terms, you should discontinue use of the affected Services.

SECTION 20 - CONTACT INFORMATION

If you have questions about these Terms, an order, or our Services, you may contact us at:

Some Nerd Stuff, LLC
5224 West State Road 46, 337
Sanford, Florida 32771
United States
Email: info@somenerdstuff.com

Privacy-related requests may be subject to the procedures described in our Privacy Policy.

Nothing in this section changes or waives any requirements applicable to formal legal notices or service of legal process.

SECTION 21 - CUSTOM & PERSONALIZED ORDERS

Some Nerd Stuff offers certain products that are personalized, custom-made, made-to-order, or otherwise produced using information or specifications provided by the customer. Because work may be created specifically for an individual order, additional conditions apply to these products.

Customer-Provided Information

You are responsible for reviewing all information you provide with your order for accuracy, including names, spelling, dates, wording, sizes, colors, personalization details, shipping information, and other requested specifications.

If Some Nerd Stuff produces your order accurately according to the information you submitted or a proof you approved, an error in the information you provided does not constitute a Some Nerd Stuff production error. To the extent permitted by applicable law, Some Nerd Stuff is not required to refund, replace, remake, or exchange a custom or personalized product solely because the customer provided or approved incorrect information.

If Some Nerd Stuff introduces an error that was not present in the information you provided or the proof you approved, the issue will be handled in accordance with our Refund and Return Policy and applicable law.

Proofs and Approval

Certain custom and personalized products require approval of a proof before production. When a proof is required, it will be sent by email after we receive the personalization information or other materials necessary to prepare it.

You are responsible for carefully reviewing the proof, including spelling, names, dates, wording, colors, placement, design details, and other personalization shown, before approving it.

Approval should be provided in writing by email. Once a proof is approved, the approved proof becomes the production reference for the order.

If the finished product materially differs from the approved proof because of an error by Some Nerd Stuff, the proof approval does not relieve us of responsibility for our production error.

Revisions

For personalized products that include our standard proof process, the initial proof and up to two reasonable customer-requested revision rounds based on the original personalization or design request are included unless otherwise stated with the product or order.

Corrections required because Some Nerd Stuff failed to follow the original instructions or introduced an error do not count against the included revision rounds.

A substantial change to the original concept, product, artwork, specifications, or design direction may be treated as additional custom design work rather than a revision.

Requests for additional revisions beyond those included may require an additional charge. We will disclose any additional charge and obtain your agreement before performing the additional work.

Changes and Cancellations

Custom design and proof preparation constitute work performed specifically for your order.

Once custom work has begun, cancellation or a refund is not automatically available merely because physical production has not yet begun.

Requests to change or cancel an order will be considered based on the stage of the order, work already completed, costs already incurred, our Refund and Return Policy, and applicable law.

Once a proof has been approved or physical production has begun, custom and personalized orders generally cannot be changed or cancelled because of a change of mind, except where otherwise provided by our policies or required by applicable law.

Customer Response and Order Holds

When additional information or proof approval is required, production cannot proceed until we receive the required customer response.

We may make reasonable attempts to contact you using the contact information provided with your order. Failure to respond may delay production and delivery, and we may place the order on hold while awaiting the required information or approval.

Customer non-response does not, by itself, create an automatic right to a refund.

Processing estimates that depend on receiving customer information or approval may be extended by delays in receiving that information or approval, subject to applicable law.

Shipping Addresses

You are responsible for providing a complete and accurate shipping address and reviewing it before submitting your order.

If Some Nerd Stuff ships an order to the address provided by the customer, we are generally not required to refund or replace the order solely because the customer provided an incorrect or incomplete address, subject to our Shipping Policy and applicable law.

This provision does not apply where Some Nerd Stuff ships the order to an address different from the address correctly provided by the customer because of an error by Some Nerd Stuff.

Rush Orders and Event Dates

Some Nerd Stuff does not offer rush production for custom or personalized products.

Customer-provided birthdays, holidays, weddings, vacations, cruises, travel dates, event dates, or other requested dates do not create guaranteed production, shipping, or delivery deadlines. Providing a requested date in an order note, personalization field, email, or other communication does not alter our normal production process or constitute acceptance of a guaranteed delivery date.

Custom Commissions and Special Projects

Some Nerd Stuff may consider custom commissions, bulk orders, commercial projects, or other special requests depending on workload, materials, production capacity, feasibility, and the nature of the project. Submission of an inquiry or request does not obligate Some Nerd Stuff to accept a project.

A custom commission or special project is accepted only when Some Nerd Stuff agrees to the project and its applicable specifications and pricing.

Large, bulk, commercial, or specially negotiated projects may be subject to separate written quotes, payment terms, proof requirements, production arrangements, or other project-specific terms. Where expressly applicable, those project-specific terms will control with respect to the particular matters they address.

Customer-provided photographs, artwork, logos, designs, and other materials are also subject to the Customer-Submitted Materials and Intellectual Property section of these Terms.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded or limited.

SECTION 22 - CUSTOMER-SUBMITTED MATERIALS AND INTELLECTUAL PROPERTY

Certain custom, personalized, or special-order products may require or permit you to provide Some Nerd Stuff with photographs, artwork, logos, names, text, graphics, designs, files, images, or other materials (“Customer-Submitted Materials”).

Ownership of Customer-Submitted Materials

You retain any ownership rights you otherwise have in your Customer-Submitted Materials. Providing Customer-Submitted Materials to Some Nerd Stuff for an order does not, by itself, transfer ownership of those materials to Some Nerd Stuff.

Permission to Fulfill Your Order

By providing Customer-Submitted Materials to Some Nerd Stuff for a custom, personalized, or special-order product, you grant Some Nerd Stuff a limited permission to use, reproduce, resize, crop, format, adapt, print, transfer, or otherwise process those materials as reasonably necessary to prepare proofs, communicate with you about the order, produce the requested product, fulfill the order, and address related customer-service or order issues.

This permission is limited to activities reasonably related to the requested order and does not give Some Nerd Stuff ownership of your Customer-Submitted Materials.

Your Responsibility for Submitted Materials

By submitting Customer-Submitted Materials, you represent that you own the materials or otherwise have the rights, licenses, permissions, or authorization necessary for Some Nerd Stuff to use those materials as required to fulfill your request.

You agree not to provide Customer-Submitted Materials that unlawfully infringe or violate another person's or entity's copyright, trademark, privacy, publicity, intellectual property, or other legal rights.

Refusal or Cancellation of Requests

Some Nerd Stuff may decline, place on hold, or cancel a custom, personalized, or special-order request when we reasonably believe Customer-Submitted Materials may violate applicable law, infringe or misappropriate third-party rights, violate these Terms, or otherwise create a legitimate legal or business concern.

If an affected order has already been paid, any cancellation or refund will be handled in accordance with our Refund and Return Policy and applicable law.

Nothing in our acceptance of Customer-Submitted Materials, preparation of a proof, or fulfillment of an order constitutes a representation by Some Nerd Stuff that the submitted materials do not infringe or violate third-party rights.

Customer-Submitted Materials are also subject to the Prohibited Uses and Indemnification sections of these Terms.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded or limited.

SECTION 23 - SOME NERD STUFF INTELLECTUAL PROPERTY AND PERMITTED USE

The Some Nerd Stuff website and Services may contain artwork, illustrations, graphics, photographs, videos, written content, product designs, characters, names, logos, branding, patterns, digital materials, website content, and other creative works and materials.

Except for Customer-Submitted Materials, third-party materials, and other content identified as belonging to someone else, intellectual property created and owned by Some Nerd Stuff, LLC remains the property of Some Nerd Stuff, LLC and is protected by applicable intellectual property laws.

Nothing in these Terms transfers ownership of Some Nerd Stuff intellectual property to you. Purchasing a physical or digital product does not transfer copyright or other intellectual property rights in the underlying artwork, design, character, illustration, photograph, written content, or other creative material except where a separate written license expressly provides otherwise.

Permitted Personal Use

You may use products you purchase from Some Nerd Stuff for their ordinary intended personal use.

You may also photograph or record products you have purchased, share your own photographs or videos of those products, discuss or review our products, and share links to publicly available pages on our website for ordinary personal, social, editorial, or noncommercial purposes.

Nothing in this section is intended to prevent ordinary customer reviews, social-media posts, commentary, or other lawful uses of our products or website.

Uses Requiring Permission

Unless expressly authorized by Some Nerd Stuff, a specific product license, or applicable law, you may not reproduce, manufacture from, commercially exploit, sell, license, distribute, publish, or create merchandise from Some Nerd Stuff-owned artwork, illustrations, characters, graphics, photographs, written content, product designs, digital files, or other protected creative materials.

You may not remove or intentionally alter copyright, trademark, attribution, watermark, or other proprietary notices included with protected Some Nerd Stuff materials.

Systematic copying, scraping, automated extraction, and unauthorized use of website content for artificial-intelligence or machine-learning purposes are also subject to the Prohibited Uses section of these Terms.

Third-Party and Licensed Materials

Some content appearing through our website, Services, products, or communications may be owned by third parties or used by Some Nerd Stuff under a license, authorization, or other applicable right.

The appearance or authorized use of third-party intellectual property does not transfer ownership of that intellectual property to Some Nerd Stuff or to you. All rights in third-party materials remain with their respective rights holders.

Nothing in these Terms grants you rights to use third-party intellectual property beyond any rights you may independently have or that are expressly provided by the applicable rights holder or law.

Customer-Submitted Materials

Materials supplied by customers for custom or personalized orders remain subject to the Customer-Submitted Materials and Intellectual Property section of these Terms. Some Nerd Stuff does not claim ownership of Customer-Submitted Materials merely because they are provided to us for an order.

Additional Licenses

Certain products, particularly digital products or downloadable resources, may include a separate license specifying additional permitted or prohibited uses. Where a specific license is provided, that license governs the use of that product or material as described in these Terms.

Nothing in this section restricts any use, exception, limitation, or other right available under applicable intellectual property law that cannot lawfully be restricted by these Terms.

SECTION 24 - DIGITAL PRODUCTS AND LICENSES

Some Nerd Stuff may offer digital products, downloadable files, printable resources, artwork, templates, educational or business resources, and other digital materials (“Digital Products”).

Unless expressly stated otherwise, purchasing or receiving a Digital Product grants you a limited license to use that Digital Product according to the license identified with the product. Purchasing or downloading a Digital Product does not transfer copyright, ownership, or other intellectual property rights in the underlying artwork, design, illustration, template, written content, or other creative material.

The license applicable to a Digital Product will be identified with the product, download, offer, or applicable product-specific terms. Not every Digital Product is available under every license.

Personal Use License

Where a Digital Product is provided under a Personal Use License, the purchaser may use the Digital Product for their own personal, noncommercial purposes and may use it to create personal projects or personal gifts where appropriate for the product.

A Personal Use License does not permit the purchaser to sell products created from the Digital Product, use the Digital Product for commercial production, redistribute or resell the Digital Product, sublicense it, or share the digital file with others except where expressly authorized.

Small Business Commercial License

Certain Digital Products may be offered with an optional Small Business Commercial License. This license is available only when expressly identified with the product.

Unless different product-specific terms are provided, a Small Business Commercial License permits one purchaser or purchasing business to use the licensed design to create and sell up to 100 finished physical products.

Reasonable modifications may be made as necessary to create the permitted finished physical products. Modification of a Digital Product does not transfer ownership of the underlying Some Nerd Stuff intellectual property, create ownership rights in the original design, or expand the scope of the license.

The Small Business Commercial License does not permit:

resale, redistribution, sharing, gifting, or transfer of the original Digital Product or source file;
sale or distribution of the Digital Product as another digital product, download, template, design bundle, clip-art collection, or similar digital resource;
sublicensing the Digital Product or allowing another person or business to use your license;
print-on-demand use unless Some Nerd Stuff expressly authorizes it;
mass manufacturing or third-party wholesale production; or
production exceeding the quantity permitted by the applicable license.

If you wish to produce more than 100 finished physical products using a licensed design, please contact Some Nerd Stuff regarding an Expanded Commercial License. Expanded commercial use is not automatically granted and may be subject to separate pricing and written terms.

MAFHAF Small Business Use License

Certain free resources offered through MAFHAF may be provided under a Small Business Use License.

This license permits the recipient to use the resource personally or internally in operating their own business. Where appropriate for the resource, the recipient may print reasonable copies for internal business use and may fill in, customize, edit, or adapt the resource for their own business use.

A MAFHAF Small Business Use License does not grant commercial production rights in the resource or its artwork.

Unless expressly stated otherwise, MAFHAF resources may not be sold, resold, redistributed, sublicensed, shared as downloadable resources, offered as templates or digital products, or used to create merchandise or other products for sale. Artwork or other creative elements contained within a MAFHAF resource may not be extracted and separately used or distributed.

Digital File Restrictions

Except where expressly permitted by the applicable license or applicable law, you may not copy, upload, share, distribute, resell, sublicense, transfer, or make a Digital Product available to another person or business.

Purchasing a license does not permit you to claim Some Nerd Stuff artwork or other protected creative material as your own, register the underlying material as your own intellectual property, or represent yourself as the creator or owner of the underlying Some Nerd Stuff work.

Third-Party and Licensed Content

Some Digital Products may incorporate content that Some Nerd Stuff is authorized to use under licenses provided by third parties.

Any third-party content remains subject to the rights and restrictions of the applicable rights holder or license. Some Nerd Stuff does not grant you ownership of third-party content or rights beyond those we are legally authorized to grant.

For this reason, certain Digital Products may be available only under particular license types, delivery formats, or usage restrictions. A Digital Product will not automatically be offered with a Small Business Commercial License merely because another Digital Product is offered with one.

Templates and Third-Party Platforms

Certain editable templates or Digital Products may be provided through a third-party platform. Use of those products may also be subject to the applicable platform's terms, licenses, account requirements, or usage restrictions.

Some Nerd Stuff does not grant rights in third-party platform content beyond the rights Some Nerd Stuff is authorized to provide.

Digital Delivery and Access

Digital Products may be delivered through download, email, a third-party platform, an access link, or another method identified with the product.

You are responsible for providing accurate contact information and for downloading, accessing, and reasonably safeguarding Digital Products delivered to you.

Unless expressly stated otherwise, purchase of a Digital Product does not guarantee permanent or indefinite hosting, storage, download availability, or continued availability through a particular third-party platform. We recommend downloading and securely storing eligible files after purchase.

If a Digital Product cannot be accessed or is materially defective because of an error attributable to Some Nerd Stuff, please contact us so that we can reasonably attempt to correct the issue.

Refunds and Digital Products

Refunds, cancellations, duplicate purchases, failed delivery, inaccessible or defective files, and other issues involving Digital Products are governed by our Refund and Return Policy and applicable law.

Nothing in this section limits rights or remedies that cannot lawfully be waived or restricted.

Additional restrictions or permissions expressly stated with a particular Digital Product or license will apply to that product and will control with respect to the specific use they address.

SECTION 25 - PROMOTIONS AND DISCOUNT CODES

From time to time, Some Nerd Stuff may offer sales, promotional pricing, discount codes, free-shipping offers, bundles, or other promotional offers. Promotions may be subject to additional eligibility requirements, dates, exclusions, product restrictions, purchase requirements, or other conditions disclosed with the applicable offer.

Unless expressly stated otherwise, promotional offers and discount codes may not be combined. Offers or codes designated as personal, account-specific, or non-transferable may be used only by the intended recipient.

Promotional offers and discount codes have no cash value, are not redeemable for cash, and may not be applied as a refund, store credit, price adjustment, or discount to a purchase completed before the applicable promotion began, unless expressly stated otherwise.

Promotions and discount codes are valid only during the period and under the conditions stated with the applicable offer.

Some Nerd Stuff reserves the right to correct errors involving promotional pricing, discount codes, or offer terms and to reject unauthorized, fraudulent, or otherwise improper use of a promotion, to the extent permitted by applicable law.

Certain giveaways, contests, sweepstakes, or similar promotions may be governed by separate Official Rules or promotion-specific terms. Where separate rules or terms are provided, those rules or terms will control with respect to that promotion.

OVERVIEW

This website is operated by Some Nerd Stuff, LLC (“Some Nerd Stuff,” “we,” “us,” or “our”). We provide this website, including the information, features, products, services, and other resources available through it (collectively, the “Services”), subject to these Terms of Use and any policies referenced in them.

Please read these Terms carefully before using our website or Services. If you do not agree to these Terms, you should not use our website or Services.

We may add, remove, or modify features, products, Services, or other portions of our website from time to time. Any changes to these Terms will be handled as described in the “Changes to Terms” section below and in accordance with applicable law.

Our online store is hosted by Shopify Inc., which provides the ecommerce platform that enables us to offer and sell our products and Services online.

SECTION 1 - ONLINE STORE TERMS

A breach or violation of these Terms may result in the suspension or termination of your access to the Services, subject to applicable law.

SECTION 2 - GENERAL CONDITIONS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 3 - ACCURACY AND TIMELINESS OF INFORMATION

Information provided in general informational, educational, blog, archival, or similar content is provided for general reference and may not always reflect the most current information available.

We may update or modify website content from time to time. Nothing in this section limits any rights or remedies available to you under applicable law.

SECTION 4 - MODIFICATIONS TO SERVICES AND PRICES

To the maximum extent permitted by applicable law, we will not be liable solely because we modify, suspend, discontinue, or change the price of a product, Service, feature, or website offering.

SECTION 5 - PRODUCTS AND SERVICES

Returns, exchanges, damaged or incorrect orders, and other available remedies are governed by our Refund and Return Policy and applicable law.

Personalized and custom products may be subject to additional terms concerning customer-provided information, approvals, cancellations, and submitted materials, as described elsewhere in these Terms.

Digital products and downloadable materials may be subject to additional license and use restrictions as described elsewhere in these Terms.

Nothing in this section limits any rights or remedies that cannot be excluded or limited under applicable law.

SECTION 6 - ORDERS, BILLING, AND ACCOUNT INFORMATION

By providing a payment method, you represent that you are authorized to use that payment method and authorize the applicable charges associated with your purchase.

If we need to change or cancel an order, we may attempt to contact you using the email address, telephone number, billing information, or other contact information provided with your order.

Returns, exchanges, cancellations, damaged or incorrect orders, and applicable refunds are governed by our Refund and Return Policy and applicable law.

SECTION 7 - THIRD-PARTY TOOLS AND SERVICES

Your use of a third-party service may be subject to the terms and policies of that third party. You should review those terms and policies when appropriate.

Information about how personal information may be collected, used, or shared in connection with our website and service providers is addressed in our Privacy Policy.

We may add, change, replace, or discontinue third-party tools or integrations from time to time without requiring an amendment to these Terms, subject to applicable law.

Nothing in this section excludes or limits any responsibility that cannot lawfully be excluded or limited.

SECTION 8 - THIRD-PARTY LINKS AND CONTENT

Our website or Services may contain links to, references to, or content from websites, resources, products, or services operated by independent third parties.

Questions, claims, or concerns regarding products or services purchased directly from an independent third party should generally be directed to that third party.

Nothing in this section excludes or limits any responsibility that cannot lawfully be excluded or limited.

SECTION 9 - REVIEWS, FEEDBACK, AND USER SUBMISSIONS

You may have opportunities to submit reviews, comments, feedback, suggestions, or other content through our website, social channels, communications, or Services.

ome Nerd Stuff does not solicit confidential or proprietary creative ideas, concepts, designs, inventions, stories, characters, or product proposals through general website communications. If you voluntarily send us unsolicited creative suggestions, your submission does not create a confidential, fiduciary, partnership, employment, or compensation relationship between you and Some Nerd Stuff. This provision does not transfer ownership of your original intellectual property to Some Nerd Stuff.

Materials submitted specifically for custom or personalized orders are governed by the Customer-Submitted Materials and Intellectual Property section of these Terms.

SECTION 10 - PERSONAL INFORMATION AND PRIVACY

Our collection, use, disclosure, retention, and protection of personal information in connection with our website and Services are described in our Privacy Policy and are subject to applicable law.

Our Privacy Policy also provides information about privacy choices and rights that may be available to you and how to contact us regarding privacy-related requests.

By using our website or Services, you acknowledge that you have had the opportunity to review our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct an error or omission and to update inaccurate information when discovered, subject to applicable law.

Nothing in this section limits rights or remedies available under applicable law.

SECTION 12 - PROHIBITED USES

You may not use our website, Services, or content to engage in unlawful, fraudulent, abusive, harmful, or unauthorized activity.

Without limiting the foregoing, you may not:

· violate applicable laws, regulations, or the legal rights of another person or entity;

· infringe or misappropriate copyrights, trademarks, privacy rights, publicity rights, intellectual property rights, or other proprietary rights belonging to Some Nerd Stuff or any third party;

· submit false, fraudulent, deceptive, or misleading information, or impersonate another person or entity;

· harass, threaten, abuse, defame, intimidate, or unlawfully discriminate against another person;

· transmit malware, viruses, malicious code, or other technology intended to damage, disrupt, interfere with, or gain unauthorized access to our website, Services, systems, or data;

· attempt to bypass, disable, interfere with, or circumvent security, access-control, purchase, or other protective features of our website or Services;

· collect, harvest, or attempt to obtain personal information about others without lawful authorization;

· use our website or Services to distribute spam, conduct phishing or other fraudulent activity, or facilitate unlawful communications;

· use bots, crawlers, scrapers, automated extraction tools, or similar methods to systematically access, copy, harvest, download, or extract content or data from our website without our prior written permission, except where such activity is permitted by applicable law;

· use content obtained from our website to create, train, develop, test, or improve artificial intelligence, machine-learning systems, models, or datasets without our prior written permission, except where such use is authorized by us or permitted by applicable law; or

· interfere with the normal operation, security, or availability of our website or Services.

We reserve the right to restrict, suspend, or terminate access to our Services when we reasonably believe these Terms have been violated, subject to applicable law.

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Except for warranties, representations, or remedies expressly provided by Some Nerd Stuff or required by applicable law, our website and digital Services are provided on an “as available” basis.

SECTION 14 - INDEMNIFICATION

· your material breach of these Terms;

· your unlawful or unauthorized use of our website or Services;

· your violation of applicable law or the rights of another person or entity; or

· content, artwork, photographs, logos, text, graphics, designs, or other materials you provide to Some Nerd Stuff that infringe, misappropriate, or otherwise violate the rights of a third party.

This indemnification obligation does not apply to the extent a claim results from the wrongful conduct of Some Nerd Stuff or where indemnification is otherwise prohibited by applicable law.

Additional terms regarding materials provided for custom or personalized products are contained in the Customer-Submitted Materials and Intellectual Property section of these Terms.

SECTION 15 - SEVERABILITY

The invalidity or unenforceability of one provision will not affect the validity or enforceability of the remaining provisions of these Terms.

SECTION 16 - SUSPENSION AND TERMINATION

You may stop using our website or Services at any time.

SECTION 17 - ENTIRE AGREEMENT; NO WAIVER

SECTION 18 - GOVERNING LAW AND VENUE

Nothing in this section limits any consumer protection, privacy, or other right that cannot lawfully be waived or restricted by agreement.

SECTION 19 - CHANGES TO THESE TERMS

We may update or modify these Terms from time to time to reflect changes to our products, Services, business practices, website, or legal and regulatory requirements.

Changes generally apply prospectively from their effective date and will not retroactively alter the terms of a completed transaction except where permitted or required by applicable law.

SECTION 20 - CONTACT INFORMATION

If you have questions about these Terms, an order, or our Services, you may contact us at:

Some Nerd Stuff, LLC

5224 West State Road 46, 337

Sanford, Florida 32771

United States

Email: info@somenerdstuff.com

Privacy-related requests may be subject to the procedures described in our Privacy Policy.

Nothing in this section changes or waives any requirements applicable to formal legal notices or service of legal process.

SECTION 21 - CUSTOM & PERSONALIZED ORDERS

Customer-Provided Information

Proofs and Approval

You are responsible for carefully reviewing the proof, including spelling, names, dates, wording, colors, placement, design details, and other personalization shown, before approving it.

Approval should be provided in writing by email. Once a proof is approved, the approved proof becomes the production reference for the order.

If the finished product materially differs from the approved proof because of an error by Some Nerd Stuff, the proof approval does not relieve us of responsibility for our production error.

Revisions

Corrections required because Some Nerd Stuff failed to follow the original instructions or introduced an error do not count against the included revision rounds.

A substantial change to the original concept, product, artwork, specifications, or design direction may be treated as additional custom design work rather than a revision.

Requests for additional revisions beyond those included may require an additional charge. We will disclose any additional charge and obtain your agreement before performing the additional work.

Changes and Cancellations

Custom design and proof preparation constitute work performed specifically for your order. Once custom work has begun, cancellation or a refund is not automatically available merely because physical production has not yet begun.

Requests to change or cancel an order will be considered based on the stage of the order, work already completed, costs already incurred, our Refund and Return Policy, and applicable law.

Customer Response and Order Holds

When additional information or proof approval is required, production cannot proceed until we receive the required customer response.

Customer non-response does not, by itself, create an automatic right to a refund.

Processing estimates that depend on receiving customer information or approval may be extended by delays in receiving that information or approval, subject to applicable law.

Shipping Addresses

You are responsible for providing a complete and accurate shipping address and reviewing it before submitting your order.

This provision does not apply where Some Nerd Stuff ships the order to an address different from the address correctly provided by the customer because of an error by Some Nerd Stuff.

Rush Orders and Event Dates

Some Nerd Stuff does not offer rush production for custom or personalized products.

Custom Commissions and Special Projects

A custom commission or special project is accepted only when Some Nerd Stuff agrees to the project and its applicable specifications and pricing.

Customer-provided photographs, artwork, logos, designs, and other materials are also subject to the Customer-Submitted Materials and Intellectual Property section of these Terms.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded or limited.

SECTION 22 - SOME NERD STUFF INTELLECTUAL PROPERTY AND PERMITTED USE

Permitted Personal Use

You may use products you purchase from Some Nerd Stuff for their ordinary intended personal use.

Nothing in this section is intended to prevent ordinary customer reviews, social-media posts, commentary, or other lawful uses of our products or website.

Uses Requiring Permission

You may not remove or intentionally alter copyright, trademark, attribution, watermark, or other proprietary notices included with protected Some Nerd Stuff materials.

Third-Party and Licensed Materials

Some content appearing through our website, Services, products, or communications may be owned by third parties or used by Some Nerd Stuff under a license, authorization, or other applicable right.

Nothing in these Terms grants you rights to use third-party intellectual property beyond any rights you may independently have or that are expressly provided by the applicable rights holder or law.

Customer-Submitted Materials

Additional Licenses

Nothing in this section restricts any use, exception, limitation, or other right available under applicable intellectual property law that cannot lawfully be restricted by these Terms.

SECTION – 23- DIGITAL PRODUCTS AND LICENSES

Some Nerd Stuff may offer digital products, downloadable files, printable resources, artwork, templates, educational or business resources, and other digital materials (“Digital Products”).

The license applicable to a Digital Product will be identified with the product, download, offer, or applicable product-specific terms. Not every Digital Product is available under every license.

Personal Use License

Small Business Commercial License

Certain Digital Products may be offered with an optional Small Business Commercial License. This license is available only when expressly identified with the product.

The Small Business Commercial License does not permit:

resale, redistribution, sharing, gifting, or transfer of the original Digital Product or source file;
sale or distribution of the Digital Product as another digital product, download, template, design bundle, clip-art collection, or similar digital resource;
sublicensing the Digital Product or allowing another person or business to use your license;
print-on-demand use unless Some Nerd Stuff expressly authorizes it;
mass manufacturing or third-party wholesale production; or
production exceeding the quantity permitted by the applicable license.

MAFHAF Small Business Use License

Certain free resources offered through MAFHAF may be provided under a Small Business Use License.

A MAFHAF Small Business Use License does not grant commercial production rights in the resource or its artwork.

Digital File Restrictions

Third-Party and Licensed Content

Some Digital Products may incorporate content that Some Nerd Stuff is authorized to use under licenses provided by third parties.

Templates and Third-Party Platforms

Some Nerd Stuff does not grant rights in third-party platform content beyond the rights Some Nerd Stuff is authorized to provide.

Digital Delivery and Access

Digital Products may be delivered through download, email, a third-party platform, an access link, or another method identified with the product.

You are responsible for providing accurate contact information and for downloading, accessing, and reasonably safeguarding Digital Products delivered to you.

If a Digital Product cannot be accessed or is materially defective because of an error attributable to Some Nerd Stuff, please contact us so that we can reasonably attempt to correct the issue.

SECTION 24 - Refunds and Digital Products

Nothing in this section limits rights or remedies that cannot lawfully be waived or restricted.

Additional restrictions or permissions expressly stated with a particular Digital Product or license will apply to that product and will control with respect to the specific use they address.

SECTION 25 - PROMOTIONS AND DISCOUNT CODES

Promotions and discount codes are valid only during the period and under the conditions stated with the applicable offer.