Terms of Service

Agreement to Terms

Welcome to Out The Pen Publishing LLC. These Terms of Service ("Terms") govern your access to and use of our website therealoutthepen.com ("Site") and any purchases you make through the Site.

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, artwork, audio clips, digital downloads, and software, is the property of Out The Pen Publishing LLC or its content suppliers and is protected by United States and international copyright laws.

The "Gossip Gang" characters, artwork, and related intellectual property are owned by Out The Pen Publishing LLC. Unauthorized use, reproduction, or distribution of this content is strictly prohibited.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from our Site without prior written consent.

Products and Purchases

Product Descriptions

We strive to display our products as accurately as possible. However, we cannot guarantee that your device's display will accurately reflect product colors. Product descriptions are for informational purposes only.

Pricing

All prices are listed in US dollars and are subject to change without notice. We reserve the right to correct any pricing errors. If an item is listed at an incorrect price, we will contact you before processing your order.

Payment

We accept payment through Stripe, which supports major credit cards and other payment methods. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge your payment method for the total amount of your order.

Shipping and Delivery

We currently ship within the United States. Shipping times and costs are calculated at checkout based on your location and selected shipping method.

Orders are typically processed within 2-3 business days. Custom orders may require additional processing time.

We are not responsible for shipping delays caused by carriers, weather, or other circumstances beyond our control. Risk of loss and title for items pass to you upon delivery to the carrier.

All Sales Final

All purchases from Out The Pen Publishing LLC are final. We do not offer returns or refunds.

Please review your order carefully before completing your purchase. If you receive a defective or damaged item, contact us at info@therealoutthepen.com within 7 days of delivery and we will work with you to resolve the issue.

By completing a purchase, you acknowledge and agree to this policy.

User Conduct

When using our Site, you agree not to:

• Use the Site for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Site or servers
• Transmit viruses, malware, or other harmful code
• Collect or harvest user information without consent
• Impersonate any person or entity
• Use automated systems to access the Site without permission

Disclaimer of Warranties

THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL OUT THE PEN PUBLISHING LLC, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE IN QUESTION.

Indemnification

You agree to indemnify and hold harmless Out The Pen Publishing LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Site or violation of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Marion County, Indiana.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.