Terms of service
TERMS OF SERVICE
1. OVERVIEW
1.1. This website is operated by The Archives, LLC, a Missouri limited liability company. Throughout the site, the terms “we,” “us,” and “our” refer to The Archives.
1.2. By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, and content contributors.
1.3. The Archives operates its primary office in St. Louis, Missouri and fulfills orders from Killeen, Texas.
1.4. We reserve the right to update or modify these Terms at any time. Changes will be posted to this page, and your continued use of the site constitutes your acceptance of any changes.
2. ONLINE STORE TERMS
2.1. You must be the age of majority in your jurisdiction, or have received parental or guardian consent, to use this site.
2.2. You may not use our products for any illegal or unauthorized purpose. Use of the Service must comply with all applicable laws, including but not limited to copyright laws.
3. ACCOUNT AND ORDER INFORMATION
3.1. You agree to provide current, complete, and accurate purchase and account information for all transactions made through our store.
3.2. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities per person, household, or order.
3.3. Orders placed through this website are processed via Shopify and customized or fulfilled using Nine Mags software integration.
4. PRODUCT INFORMATION AND SAFETY
4.1. Some of our products, including custom photo magnets and printed items, may contain small parts. These items are not toys and are not suitable for children under the age of 12 without close adult supervision.
4.2. The Archives is not liable for injury, ingestion, or misuse of products left within reach of children. You agree to assume full responsibility for safe storage and handling of all purchased items.
5. CUSTOM PRODUCTS AND FINAL SALE POLICY
5.1. Due to the personalized nature of our products, all sales are final unless the item arrives damaged or defective.
5.2. We do not offer returns, exchanges, or refunds based on user-submitted errors, including incorrect image uploads, spelling, low-resolution files, or formatting issues.
6. PRICING AND MODIFICATIONS
6.1. All product prices are subject to change without notice.
6.2. We reserve the right to modify or discontinue any part of the Service or product offerings without prior notice. We are not liable for any such changes, suspensions, or discontinuations.
7. RISK OF LOSS
7.1. All items purchased from The Archives are made pursuant to a shipment contract. Title and risk of loss pass to you upon our delivery of the product to the carrier.
8. INTERNATIONAL ORDERS
8.1. We ship internationally. You are responsible for knowing your country’s import regulations, including taxes, duties, and customs fees, which are not included in our pricing and must be paid by the customer.
8.2. Delivery timelines for international orders may vary and are not guaranteed.
9. GIFT NOTES
9.1. We offer printed gift notes at checkout. These notes are added to the physical shipment and are printed exactly as submitted. The Archives is not responsible for typographical errors or content within customer-written messages.
10. MOBILE MESSAGING TERMS
10.1. By providing your mobile number at checkout or opt-in, you consent to receive marketing and order-related text messages from The Archives. Message and data rates may apply.
10.2. Message frequency may vary. You may opt out by replying STOP at any time. We are not responsible for message failures or delays.
11. THIRD-PARTY SERVICES AND LINKS
11.1. The Archives may link to third-party services or offer optional third-party tools. We are not responsible for their content, accuracy, or performance.
11.2. Use of any third-party tools provided through the site is entirely at your own risk.
12. USER-SUBMITTED CONTENT
12.1. By submitting any content through our website, upload tool, social media, or related services—including photos, reviews, personal stories, or messages—you grant The Archives a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, and distribute that content for purposes of order fulfillment, marketing, advertising, and participation in our docuseries (The Archive Files).
12.2. You confirm you have the legal rights to submit this content and that it does not infringe the rights of others.
13. INTELLECTUAL PROPERTY
13.1. All content on this website—including images, videos, branding, logos, and software—is the property of The Archives or its licensors and is protected by U.S. and international intellectual property laws.
13.2. You may not reproduce, republish, distribute, or otherwise exploit any content from our site without prior written consent.
14. COPYRIGHT COMPLAINTS AND DMCA NOTICE
14.1. If you believe your copyrighted work has been used in violation of your rights, please email us at hello@thisisthearchives.com with the following:
- Your contact information
- A description of the copyrighted work
- A description of the alleged infringing material
- A good-faith statement of belief
- Your signature (physical or digital)
We respond to valid DMCA requests in accordance with U.S. law.
15. DISCLAIMER OF WARRANTIES
15.1. The Archives provides the Site, Services, and all products “as is” and “as available” without warranties of any kind, express or implied.
15.2. We do not warrant that your use of the Site will be uninterrupted or error-free, or that product colors or formatting will appear exactly as previewed.
16. LIMITATION OF LIABILITY
16.1. To the fullest extent permitted by law, The Archives shall not be liable for any direct, indirect, incidental, special, or consequential damages—including personal injury, loss of use, data, or profits—arising from your use of the Site or Services.
16.2. In no case shall our total liability exceed the amount paid by you to The Archives within the twelve (12) months preceding the claim.
17. INDEMNIFICATION
17.1. You agree to indemnify and hold harmless The Archives, its officers, employees, affiliates, and service providers from any claims, demands, losses, or damages arising out of your violation of these Terms or your misuse of the Services.
18. ARBITRATION AND CLASS ACTION WAIVER
18.1. All disputes arising from or relating to these Terms or your use of the Services shall be resolved by binding arbitration under the rules of the American Arbitration Association.
18.2. The arbitration shall take place in St. Louis, Missouri, and each party shall bear its own costs.
18.3. YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING and agree to resolve disputes individually.
19. GOVERNING LAW
19.1. These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to conflict of law provisions.
20. SEVERABILITY
20.1. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.
21. ENTIRE AGREEMENT
21.1. These Terms, along with our Privacy Policy and any other legal notices posted by us, constitute the entire agreement between you and The Archives regarding your use of the Services.
22. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Email: hello@thisisthearchives.com