Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Shadowbanned Library. The terms “we,” “us,” and “our” refer to Shadowbanned Library. Shadowbanned Library operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience collectively referred to as the “Services.”
Shadowbanned Library is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.
Please read these Terms carefully. They include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and dispute resolution.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If you allow any minor dependent to use the Services on a device you own, purchase, or manage, you represent that you have consented to such use.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to accurately display and describe our products and services. However, product colors, images, sizing, appearance, and other details may vary based on your device, screen settings, lighting, or other factors.
We do not warrant that the appearance, quality, condition, or details of any product or service purchased by you will meet your expectations or be identical to how they appear in our online store.
Product descriptions, pricing, availability, and related information are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products or services offered to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase the products or services listed in your order. Shadowbanned Library reserves the right to accept or decline any order for any reason at our sole discretion.
Your order is not accepted until Shadowbanned Library confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Once an order has been accepted, we may be unable to accommodate cancellation or change requests.
If we do not accept an order, make a change to an order, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was placed.
Returns and exchanges are governed solely by our Refund Policy [LINK].
You represent and warrant that purchases made through the Services are for your own personal or household use and are not for commercial resale or unlawful export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be shown in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs duties, import charges, or other applicable fees.
Prices shown in our online store may differ from prices offered in physical stores, third-party marketplaces, or other stores operated by third parties.
We may offer promotions from time to time. Promotions may be governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms of Service, the promotional terms will govern with respect to that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through the Services. You agree to promptly update your account and payment information, including your email address, credit card number, and expiration date, so we can complete transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred by you, including applicable taxes, shipping, handling, and other fees.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, incorrect shipping information, weather, supply issues, or events outside of our reasonable control.
Once products are transferred to the shipping carrier, title and risk of loss pass to you, unless otherwise required by applicable law.
SECTION 6 - OPTIONAL THIRD-PARTY TOOLS
We may provide access to tools, features, or services offered by third parties. We do not monitor, control, or have input over such third-party tools.
You acknowledge and agree that access to such tools is provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We are not liable for any harm, loss, or damages arising from or related to your use of optional third-party tools.
Any use of optional third-party tools is entirely at your own risk and discretion. You should review and understand the terms provided by the relevant third-party provider before using such tools.
We may introduce new features, tools, or resources in the future. Such features will also be considered part of the Services and subject to these Terms of Service.
SECTION 7 - THIRD-PARTY LINKS
The Services may contain materials, links, embedded content, or functionality provided by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party websites or materials.
If you access third-party websites or materials through the Services, you do so at your own risk.
We are not liable for any harm, loss, or damages related to your access to third-party websites or your purchase or use of third-party products, services, resources, or content.
Please review any third party’s policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
SECTION 8 - RELATIONSHIP WITH SHOPIFY
Shadowbanned Library is powered by Shopify, which helps us provide the Services. However, any sales or purchases made through our store are made directly with Shadowbanned Library.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and Shadowbanned Library, including any injury, damage, loss, or claim resulting from products or services purchased from us.
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases, transactions, or interactions with Shadowbanned Library.
SECTION 9 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here: [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read our Privacy Policy and understand that information you submit through the Services may be transmitted to and processed by Shopify and other third-party service providers, including providers located outside your state, province, or country of residence.
Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our service providers collect, use, and share personal information.
SECTION 10 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, reviews, proposals, plans, comments, or other feedback collectively referred to as “Feedback,” you grant Shadowbanned Library a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and create derivative works from such Feedback in any medium and for any purpose, including commercial purposes.
You represent and warrant that: (i) you own or have all necessary rights to submit the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms of Service.
We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, infringing, misleading, or otherwise objectionable.
You agree that your Feedback will not violate the rights of any third party, including intellectual property, privacy, publicity, or other personal or proprietary rights. You are solely responsible for your Feedback and its accuracy. We assume no liability for Feedback submitted by you or any third party.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other details.
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 and without prior notice, including after you have submitted an order.
SECTION 12 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful, fraudulent, abusive, or malicious purpose;
(b) to violate any applicable law, rule, regulation, or ordinance;
(c) to infringe or violate our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person;
(e) to submit false or misleading information;
(f) to upload, transmit, or distribute unlawful, infringing, harmful, or objectionable material;
(g) to send spam, junk mail, chain letters, phishing messages, or other unsolicited promotions;
(h) to impersonate any person or entity;
(i) to interfere with or restrict any person’s use or enjoyment of the Services;
(j) to upload or transmit viruses, malware, or other harmful code;
(k) to reproduce, duplicate, copy, sell, resell, scrape, or exploit any portion of the Services without authorization;
(l) to collect or track the personal information of others;
(m) to use bots, spiders, crawlers, scraping tools, data-mining tools, automated systems, agentic AI tools, or similar technologies to access the Services without authorization; or
(n) to interfere with, bypass, or circumvent security features, authorization controls, robot exclusion headers, or other measures used to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your access to the Services at any time, without notice, if we determine that you have violated these Terms.
SECTION 13 - AGENTS AND AUTOMATED ACCESS
This section applies if you use, allow, enable, or cause the deployment of any agent, bot, crawler, scraper, automated tool, artificial intelligence system, or similar software to access, use, or interact with the Services.
For purposes of these Terms, “Agent” means any software, system, or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct human supervision.
No Agent may access, use, or interact with the Services unless it clearly identifies itself and operates in strict accordance with these Terms.
We may restrict, block, limit, or otherwise control whether and how any Agent accesses, uses, or interacts with the Services.
Agents must:
(i) identify themselves in all HTTP/HTTPS requests by including “Agent/[agent name]” in the request’s user-agent string;
(ii) not conceal or obscure that access or interaction is being performed by an Agent;
(iii) not mimic human behavior or interaction patterns to avoid detection;
(iv) not complete or circumvent CAPTCHAs or other measures intended to distinguish humans from automated tools;
(v) respond truthfully to any prompt or question seeking to determine whether interactions are coming from a human or automated system; and
(vi) not bypass, avoid, or interfere with any technical measure used to block, limit, modify, or control Agent access to the Services.
SECTION 14 - TERMINATION
We may terminate these Terms or your access to the Services, in whole or in part, at any time and in our sole discretion, without notice.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Dispute Resolution, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented through the Services is provided for general information purposes only. We do not warrant the accuracy, completeness, reliability, or usefulness of such information. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by Shadowbanned Library, the Services and all products offered through the Services are provided “as is” and “as available,” without any representation, warranty, or condition of any kind, either express or implied.
To the fullest extent permitted by law, Shadowbanned Library disclaims all warranties and conditions, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, error-free, or free of harmful components.
Some jurisdictions do not allow limitations on implied warranties or certain exclusions, so some of the above disclaimers may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no case shall Shadowbanned Library, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, or Shopify’s affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential, or similar damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Services or any products purchased through the Services.
This limitation applies even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Shadowbanned Library, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, expenses, or demands, including reasonable attorneys’ fees, arising out of or related to:
(1) your breach of these Terms of Service or any documents incorporated by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.
We will make reasonable efforts to notify you of any indemnifiable claim. A failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced by the delay.
We may control the defense and settlement of any indemnified claim at your expense, including the selection of counsel. We will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You agree to cooperate in the defense of indemnified claims, including by providing relevant documents and information.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity or enforceability of any remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on the Services, constitute the entire agreement between you and Shadowbanned Library and govern your use of the Services.
These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Shadowbanned Library, including any prior versions of these Terms.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby Shadowbanned Library provides you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any transaction, or any relationship between you and Shadowbanned Library, the parties agree to first make a good-faith effort to resolve the dispute informally.
If the dispute cannot be resolved informally, the parties agree to submit the dispute to non-binding mediation before a neutral mediator located in or serving Benicia, California, unless otherwise required or prohibited by applicable law.
The mediation shall take place in Benicia, California, or remotely by mutual agreement of the parties. The parties shall cooperate in selecting a mutually acceptable mediator. Unless otherwise agreed, each party shall bear its own costs and attorneys’ fees, and the parties shall share the mediator’s fees equally.
Mediation is intended to help the parties attempt to reach a voluntary resolution. The mediator shall not have authority to impose a decision on either party. Any settlement reached through mediation must be in writing and signed by the parties to be binding.
If mediation does not resolve the dispute, either party may pursue available remedies in a court of competent jurisdiction, subject to these Terms and applicable law. Nothing in this section prevents either party from seeking temporary, emergency, or injunctive relief where necessary to protect intellectual property, confidential information, or other rights.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms where required by applicable law.
Changes will be effective on the date specified in the notice or, if no date is specified, when posted. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.
