Terms of service
TERMS OF SERVICE
Effective Date: March 9, 2026
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Customer”) and Sink or Swim Entertainment LLC, a limited liability company organized under the laws of the State of New Jersey (“Sink or Swim Entertainment LLC,” “Company,” “we,” “us,” or “our”), governing your access to and use of the Company’s website, online store, products, services, and related content (collectively, the “Services”).
The Services are hosted and supported by Shopify Inc. (“Shopify”), which provides the e-commerce platform enabling us to sell products and services to you.
By accessing or using the Services, including browsing our website or purchasing merchandise, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.
SECTION 1 — ELIGIBILITY AND ACCOUNT RESPONSIBILITIES
By using the Services, you represent and warrant that you are at least the age of majority in your jurisdiction of residence.
In order to access certain features of the Services, including placing orders, you may be required to provide personal information such as your name, email address, billing address, shipping address, and payment information. You agree that all information provided is accurate, complete, and current.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
SECTION 2 — PRODUCTS AND MERCHANDISE
All merchandise offered through the Services is produced by or on behalf of Sink or Swim Entertainment LLC and may include limited-run or artist merchandise.
We strive to display product images and descriptions as accurately as possible. However, we do not guarantee that colors, textures, or other product characteristics displayed on your device will precisely match the physical product.
Product descriptions, pricing, and availability are subject to change at any time without notice. Sink or Swim Entertainment LLC reserves the right to discontinue any product or limit quantities available for purchase at its sole discretion.
SECTION 3 — ORDERS AND ACCEPTANCE
Submission of an order through the Services constitutes an offer to purchase the selected product(s).
Sink or Swim Entertainment LLC reserves the right, at its sole discretion, to accept or decline any order for any reason, including but not limited to product availability, pricing errors, suspected fraud, or payment authorization issues.
An order shall not be deemed accepted until payment has been successfully processed and an order confirmation has been issued.
Certain products may be offered on a pre-order basis and will ship at a later date as indicated on the product page.
All purchases are subject to the terms of our Refund Policy.
SECTION 4 — PRICING AND PAYMENT
All prices are listed in United States Dollars unless otherwise specified.
Prices may change at any time without prior notice. The price charged for any product will be the price displayed at the time the order is submitted.
Prices do not include applicable taxes, shipping charges, customs duties, or other fees unless explicitly stated.
By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Sink or Swim Entertainment LLC to charge the applicable purchase amount.
SECTION 5 — SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed.
Sink or Swim Entertainment LLC shall not be liable for delays caused by shipping carriers, customs processing, weather events, or circumstances beyond our reasonable control.
Title and risk of loss for purchased products pass to the customer upon delivery of the goods to the shipping carrier.
SECTION 6 — INTELLECTUAL PROPERTY
All content available through the Services—including but not limited to logos, artwork, music, photographs, graphics, text, video, designs, and branding—is the exclusive property of Sink or Swim Entertainment LLC or its licensors and is protected under applicable intellectual property laws.
No content from the Services may be copied, reproduced, distributed, republished, modified, or otherwise used without the prior written consent of Sink or Swim Entertainment LLC.
The names “Sink or Swim” and “Sink or Swim Entertainment LLC,” as well as associated logos and designs, constitute trademarks or trade dress of the Company.
SECTION 7 — THIRD-PARTY SERVICES AND TOOLS
The Services may provide access to tools, payment services, shipping integrations, or other functionality operated by third parties.
Such tools are provided on an “as is” and “as available” basis without warranties of any kind. Sink or Swim Entertainment LLC does not control and is not responsible for the operation or availability of third-party services.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to external websites or services operated by third parties. Sink or Swim Entertainment LLC does not control and assumes no responsibility for the content, policies, or practices of such third-party websites.
Your use of any third-party website is at your own risk.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
The Services are powered by Shopify, which provides the e-commerce platform enabling us to offer products and services for sale.
All transactions completed through this store are transactions between you and Sink or Swim Entertainment LLC.
Shopify shall have no responsibility or liability for any aspect of any purchase or transaction conducted through the Services, including product quality, fulfillment, delivery, or customer service.
SECTION 10 — PRIVACY
Personal information collected through the Services is governed by our Privacy Policy.
Because the Services are hosted by Shopify, certain information may also be collected or processed by Shopify in order to operate and improve the platform.
SECTION 11 — USER SUBMISSIONS AND FEEDBACK
Any feedback, suggestions, reviews, or other submissions you provide to Sink or Swim Entertainment LLC may be used by the Company without restriction.
By submitting such content, you grant Sink or Swim Entertainment LLC a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, and display such content for any lawful purpose.
SECTION 12 — ERRORS AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, or availability.
Sink or Swim Entertainment LLC reserves the right to correct any such errors and to modify or cancel orders if necessary.
SECTION 13 — PROHIBITED USES
You may not use the Services for any unlawful purpose or in violation of any applicable laws or regulations.
You agree not to engage in conduct that could damage, disable, or impair the Services, including transmitting malicious code, attempting unauthorized access, or scraping data from the website.
SECTION 14 — TERMINATION
Sink or Swim Entertainment LLC reserves the right to suspend or terminate access to the Services at any time, without notice, if a user violates these Terms.
SECTION 15 — DISCLAIMER OF WARRANTIES
The Services and all products offered through the Services are provided “as is” and “as available” without warranties of any kind, either express or implied.
Sink or Swim Entertainment LLC disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
SECTION 16 — LIMITATION OF LIABILITY
To the fullest extent permitted by law, Sink or Swim Entertainment LLC and its affiliates, members, managers, employees, contractors, and licensors shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of the Services or products purchased through the Services.
SECTION 17 — INDEMNIFICATION
You agree to indemnify and hold harmless Sink or Swim Entertainment LLC and its affiliates, as well as Shopify and its affiliates, from any claims, damages, or expenses arising out of your violation of these Terms or misuse of the Services.
SECTION 18 — SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19 — ENTIRE AGREEMENT
These Terms, together with any policies referenced herein, constitute the entire agreement between you and Sink or Swim Entertainment LLC regarding the Services.
SECTION 20 — GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
SECTION 21 — CHANGES TO TERMS
Sink or Swim Entertainment LLC reserves the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date.
Continued use of the Services following any updates constitutes acceptance of the revised Terms.
SECTION 22 — CONTACT INFORMATION
Sink or Swim Entertainment LLC
Email: sinkorswimclub@gmail.com