Effective Date: December 8, 2025
1. Introduction
Welcome to Nescape Backyard ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website located at [YOUR WEBSITE URL] ("Website") and any related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
2. Eligibility
By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
3. Accounts and Registration
3.1 Account Creation
To access certain features of the Services, you may be required to create an account. You agree to:
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Provide true, accurate, current, and complete information
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Maintain and promptly update your account information
3.2 Account Responsibilities
You are responsible for:
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Maintaining the confidentiality of your account credentials
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All activities that occur under your account
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Notifying us immediately of any unauthorized use of your account
4. Orders and Payment
4.1 Product Availability
All products listed on the Website are subject to availability. We reserve the right to limit quantities or discontinue products at any time without notice.
4.2 Pricing
Prices are subject to change without notice. We are not responsible for pricing errors or typographical mistakes.
4.3 Payment Terms
Accepted payment methods may include, but are not limited to:
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Visa
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MasterCard
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American Express
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PayPal
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Shopify Payments
Payments are processed securely through third-party payment processors such as Stripe, PayPal, and Shopify Payments. You agree to provide current, complete, and accurate billing information.
4.4 Order Acceptance
We reserve the right to refuse or cancel any order for reasons including, but not limited to:
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Product availability
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Errors in pricing or product descriptions
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Suspected fraud or unauthorized transactions
If your order is canceled after payment has been processed, we will issue a refund in accordance with our refund policy.
5. Shipping and Delivery
5.1 Shipping Policy
Please refer to our Shipping Policy for details regarding shipping methods, timelines, and costs.
5.2 Risk of Loss
All purchases are made pursuant to a shipment contract. Risk of loss and title pass to you upon our delivery of the items to the carrier.
6. Returns and Refunds
Please refer to our Return and Refund Policy for information regarding returns, exchanges, and refunds.
7. Intellectual Property Rights
7.1 Ownership
All content on the Website, including text, graphics, logos, images, videos, and software, is the property of Nescape Backyard or its licensors and is protected by intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes.
7.3 Restrictions
You agree not to:
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Copy, reproduce, distribute, or exploit any content without written permission
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Use our trademarks, logos, or branding without authorization
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Use automated tools to scrape or access the Website
8. User Content
8.1 Submissions
If you submit or post content (including reviews, images, or comments), you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content.
8.2 Prohibited Content
You may not submit content that:
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Is unlawful, abusive, defamatory, or obscene
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Infringes on intellectual property or privacy rights
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Contains malware or harmful code
9. Prohibited Activities
You agree not to:
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Use the Services for illegal purposes
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Attempt unauthorized access to our systems
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Interfere with the operation or security of the Website
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Circumvent safeguards or payment systems
10. Disclaimers and Warranties
10.1 "As Is" Basis
The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
10.2 No Warranty
We do not warrant that:
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The Services will meet your expectations
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The Website will be uninterrupted or error-free
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Any defects will be corrected
11. Limitation of Liability
To the fullest extent permitted by law, Nescape Backyard shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:
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Your use or inability to use the Services
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Unauthorized access to our systems
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Errors, delays, or interruptions
12. Indemnification
You agree to indemnify and hold harmless Nescape Backyard, its affiliates, officers, employees, and agents from any claims or damages arising from:
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Your use of the Services
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Your violation of these Terms
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Your violation of third-party rights
13. Termination
We may suspend or terminate your access to the Services at any time, without notice, if you violate these Terms or engage in unlawful activity.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the United States and the State in which Nescape Backyard operates, without regard to conflict of law principles.
15. Dispute Resolution
Any disputes arising from these Terms shall be resolved through binding arbitration or small claims court, where permitted by law.
16. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting. Continued use of the Services constitutes acceptance of the updated Terms.
17. Miscellaneous
17.1 Severability
If any provision is found unenforceable, the remaining provisions will remain in effect.
17.2 Entire Agreement
These Terms constitute the entire agreement between you and Nescape Backyard regarding the Services.
17.3 Waiver
Failure to enforce any provision does not constitute a waiver.
18. Contact Information
If you have questions about these Terms, contact us at:
Company Name: Nescape Backyard
Email: support@nescapebackyard.com
Phone: (302) 679-4823
Address:
Nescape Backyard
651 N. Broad Street,
Middletown, DE 19709
United States