Legal Stuff

This website, http://www.HardCulture.com (“Website”) is hosted by Hard Culture (“Hard Culture”). We welcome all users to the Website. For users who are less than 18 years of age (“Minors”), please read our privacy policy available on our Website. Our privacy policy explains our practices regarding the collection, use, and disclosure of personal information from Minors who register on the Website and describes a parent’s or guardian’s (each, a “Parent”) ability to limit the collection and use of data collected from the Minor. Individuals may use many aspects of the Website without providing any personal information.

By using the Website, you agree to be bound by all the terms and conditions contained in these Terms of Use. Please read these Terms of Use carefully. When you use any current or future version of the Website or any other Hard Culture or Iron Zen Website, you also will be subject to these Terms of Use. Please print a copy of these Terms of Use for your records. We may, from time to time, modify the Terms of Use. When we make changes, we will post those in a new Terms of Use. Your use of the Website following any such modification constitutes your agreement to the modified Terms of Use. You should visit this page periodically to learn of any changes to these Terms of Use.

User Comments

We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us, whether through the Website, e-mail, facsimile, U.S. mail or other means, shall be and remain the exclusive property of Hard Culture or Iron Zen. Your submission of any Comments shall constitute an irrevocable assignment to Hard Culture of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Hard Culture and Iron Zen and any of their affiliates, agents and assignees will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Trademarks

Hard Culture, Style Bold As Love and Iron Zen are registered trademarks. Hard Culture, Style Bold As Love and Iron Zen and other marks indicated on our Website are trademarks or registered trademarks. All rights in such names are reserved.

All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of Hard Culture and Iron Zen or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Hard Culture and Iron Zen or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any trademark of Hard Culture or Iron Zen or any third party.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Hard Culture and Iron Zen or their third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Hard Culture or Iron Zen or any third party.

The Website and the information contained on it are for your personal, non-commercial use only. Except as otherwise specifically permitted in these Terms of Use, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of Hard Culture or Iron Zen or their lawful successors and assigns.

Notice of Copyright or Trademark Infringement

Hard Culture and Iron Zen respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement, please provide Hard Culture with the following information: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Website that is requested to be removed; (3) your name, address, and daytime telephone number, and an email address if available, so that Hard Culture may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Forums

As used in these Terms of Use, “Forum” means an area, site, or feature (such as chat rooms, bulletin boards, and e-mail or instant messaging features) offered as part of the Website that enables visitors to submit, display and/or view content and/or to communicate, share or exchange content with other Website visitors and members of the general public. Any submission may be routed through our servers, third party servers on our behalf, and the Internet (where it may be viewed by the general public), so you have no expectation of privacy for any submitted content. Since we cannot guarantee security of information on a Forum, your use is at your own risk.

We are not responsible for the accuracy of any user content contained in any Forum or otherwise on our Website.

Submitted Content

There are two general purposes where you might submit content to us via the Internet or other means. The first is in connection with a contest, sweepstakes or other promotional activity. The second is in connection with a Forum. In the event you submit any content such as ideas, photographs or works of authorship in connection with any contest, sweepstakes or promotion, in consideration of your entry you will, by your submission, be deemed to have assigned to us all right, title and interest in the content you may have and you agree to execute any further documentation to effect or memorialize the transfer.

In connection with submissions to any Forum, we claim no ownership rights in any content (i.e., text, images, photos, video, sounds, or any other materials) that you post, except as provided in these Terms of Use. However, if you do post content on any Forum, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, sublicense and distribute the content in connection with our Website. Further, you agree to waive any “moral rights” associated with the content. If terms other than those provided in these Terms of Use apply to your submission, we will post those terms on the Website at the location of the feature or activity.

You represent and warrant that: (1) you own any content posted by you on the Website, Forum or otherwise submitted to us, and have the right to grant a license as stated in these Terms of Use, and (2) posting and publishing any content on or in connection with the Website, Forum or any offering does not violate any third-party intellectual property, publicity, privacy or contract rights. You will not submit any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. You can only use the Forums in a noncommercial manner.

We may edit or delete any content provided by you at any time at our sole discretion. Further, we may screen or monitor submitted content for legal or other purposes, though we have no obligation to do so.

License and Website Access

Hard Culture and Iron Zen grant you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Hard Culture or Iron Zen. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hard Culture or Iron Zen. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hard Culture or Iron Zen and their affiliates, agents or assignees without express written consent of Hard Culture or Iron Zen. You may not use meta tags or any other hidden text using Hard Culture’s, Iron Zen’s name, Style Bold As Love or trademarks without the express written consent of Hard Culture or Iron Zen. Any unauthorized use will immediately terminate the permission or license granted by Hard Culture or Iron Zen.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Hard Culture or Iron Zen so long as the link does not portray Hard Culture or Iron Zen or their products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Hard Culture’s or Iron Zen’s in their sole discretion. You may not use any Hard Culture or Iron Zen logo or other proprietary graphic or trademark as part of the link without express written permission of Hard Culture or Iron Zen. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by “deep linking,” or otherwise, without prior written permission from Hard Culture or Iron Zen.

Third Party and Co-Branded Websites

The Website may contain hyperlinks (“Links”) to websites operated by persons or entities other than Hard Culture or Iron Zen (“Third-party Websites”) or to co-branded websites operated by a third party, including affiliates (“Co-branded Websites”). We provide these Links for your reference and convenience only. A Link from Hard Culture or Iron Zen to a Third-party Website does not imply or mean that we endorse the content on that Third-party or Co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any Third party or Co-branded Websites to which you might link from our Website.

Hard Culture or Iron Zen is not responsible or liable for any loss or damage incurred as a result of any dealings with any Third-party Website or Co-branded Website, any merchant or operator of a Third-party Website or Co-branded Website, or any other person with whom you may engage in any transaction.

Your Responsibilities

You agree to comply with all applicable laws in connection with your use of the Website, and any further limitations as may be set forth in any written or on-screen notice from Hard Culture or Iron Zen. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. All information that you provide in connection with a purchase or transaction or other interaction with the Website or any Co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Hard Culture or Iron Zen or any Co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.

By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions like accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss

All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Hard Culture or Iron Zen. Title to products purchased on the Website, as well as the risk of loss for such products, pass to you when Hard Culture or Iron Zen delivers these items to the carrier.

Product Information

Hard Culture and Iron Zen attempt to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free. In some cases, merchandise displayed for sale at the Website may not be available in retail stores. Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.

Colors

We made every effort to display as accurately as possible the colors of our products that appear at the Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any color will be accurate.

Disclaimer of Warranties and Limitations on Liability

Hard Culture and Iron Zen provide this Website on an “as-is” and “as available” basis. To the maximum extent permitted by law, Hard Culture and Iron Zen disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, as to the operation of the Website. This disclaimer also applies to the information, content, third-party content, materials, products, services, or linked services provided on or through the Website, including, without limitation:

that the information provided through the Website will be free from error,

omission, interruption, defect or delay in operation, or from technical

inaccuracies or typographical errors;

that the Website will be available at any particular time or location;

that the defects or errors in service will be corrected; or

that the content on the Website is free from viruses or other harmful

components.

Any information on this Website is subject to change without notice and we disclaim all responsibility for these changes. You expressly agree that your use of this Website is at your sole risk.

In no event will Hard Culture or Iron Zen, or any party involved in creating, producing, or delivering the Website, be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the Website or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Hard Culture or Iron Zen through the Website; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold harmless Hard Culture and Iron Zen and their affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Hard Culture or Iron Zen arising out of or relating to your use of the Website, your violation of these Terms of Use, or your violation of any rights of another.

Miscellaneous Provisions

Hard Culture or Iron Zen may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hard Culture or Iron Zen as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use will take away from Hard Culture or Iron Zen right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Hard Culture or Iron Zen with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Hard Culture or Iron Zen to enforce any provisions of these Terms of Use or respond to a breach by you or other parties will not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

If any provisions in these Terms of Use are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use represent the entire and final agreement regarding our Website and any Forum content, and supersedes any prior or contemporaneous communications between Hard Culture or Iron Zen and you regarding our Website and its contents. All rights not expressly granted to you in these Terms of Use are reserved to Hard Culture and Iron Zen.

At Hard Culture, our relationship with our customers is very important to us. That is why we make every attempt to ensure your privacy and security. We collect customer specific information in an effort to communicate details about our products, services, contests, and promotions. You should be assured that Hard Culture will never disclose your identity or personal information to any third party, unless it is necessary to provide you with products or services from Hard Culture.

Online Orders

When you place an order over our web site, we will ask for your Paypal payment account information, shipping address, daytime phone number, and e-mail address. Paypal is the only form of payment HardCulture.com currently accepts. Some of this information may be stored in the form of a “cookie” in your computer. Cookies are small files that are stored on your computer. Your browser should give you the option to refuse cookies. Hard Culture web site requires that you have cookies enabled on your browser security settings.

We may use your IP (Internet Protocol) address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information.

We may also use your contact information from your online order to e-mail you newsletters that inform you of new products and special features at Hard Culture, should you choose to opt-in. We may also offer you special promotions. If you prefer not to receive these e-mails, please indicate that when completing your order.

Special Offers

We will occasionally send members of our distribution list information and valuable offers by e-mail or text message. Subscription to our list is completely voluntary. You may unsubscribe at any time. To unsubscribe from receiving e-mails, please click on the appropriate link at the bottom of the received e-mail. To unsubscribe from receiving text messages, please follow the directions on the received text message. You can also contact us directly to unsubscribe for either e-mails or text messages.

Contact Us

If you have any questions about this privacy statement, your dealings with Hard Culture, wish to unsubscribe or want to update your information, you can contact us at:

customerservice@hardculture.com

Our Privacy Policy was last updated on October 1, 2011. We may make changes to our Privacy Policy at any time, as permitted by law. If we make changes, we will notify you by posting the changes to this website.

RETURNS & EXCHANGES

returns & exchanges

RETURN POLICY

Q: What is Hard Culture’s Return Policy?  A: HardCulture.com accepts exchange of merchandise with the original receipt and tags attached for up to 30 days after purchase. All merchandise is exchangeable only for credit in the amount of the original payment not including shipping costs. Shipping is nonrefundable. All merchandise must be returned in its original unused, unwashed packaged and resalable condition.

RETURNS TO A STORE, BY MAIL & EXPRESS EXCHANGES Q: How can I return or exchange merchandise ordered from Hard Culture? A. Need a different size? Color? Style? We’ll send it to you! Simply choose one of the following convenient options to make a return or exchange:

Merchandise Exchange By Mail  Complete Merchandise Exchange Form included in your original shipment, and enclose it with the item(s) in its original packaging (when possible). When exchanging items, be sure to indicate the replacement item, including the style number, color, and

Please send your pre-paid, insured package to:    Hard Culture E-Shopping Returns 1712 Coronado Street, Allen TX 75013

Packages must be shipped pre-paid. We cannot accept C.O.D. deliveries. Refunds and exchanges are processed when item(s) are received. Hard Culture will pay to ship items processed as exchanges to you. Exchange merchandise credit shall be given for the price indicated on the original receipt.

RETURNS WITHOUT RECEIPT Q: What if I need to make a return, but I’ve lost my original receipt?  A: If you no longer have a copy of your original receipt, an exchange may be made for merchandise of equal or lesser value. If you have further questions or require additional assistance, please email our Online Customer Service Department at Customer Service@hardculture.com

GIFT RETURNS

Q: How do I return an item I received as a gift? A: Gift items with a receipt can be exchanged or returned for Hard Culture Store Credit.

BILLING & SHIPPING

billing & shipping

SHIPPING OPTIONS

Q: What shipping options are available?

A: Orders from HardCulture.com are shipped via FedEx using the following rate scale:

Order Amount	Ground	2Day
up to $25	$10.95	$14.95
$25.01-$50	$12.95	$16.95
$50.01-$75	$13.95	$17.95
$75.01-$100	$14.95	$18.95
$100.01-$150	$15.95	$19.95
$150.01-$200	$16.95	$20.95
over $200	$17.95	$21.95

SHIPPING TO MULTIPLE ADDRESSES Q: Can I ship an order to multiple addresses?  A: If you would like to send a shipment to more than one address, you will have to place separate online orders for each destination.

PAYMENT METHODS

Q: What forms of payment are accepted for online purchases?

A: At this time, Hard Culture only accepts payment via Paypal.

SALES TAX

Q: Will I have to pay sales tax on my order?

A: Hard Culture is required by law to charge sales tax on orders shipped to Arizona, California, Colorado, Delaware, Florida, Maryland, Nevada, New Jersey, New York, Pennsylvania, Utah, Virginia, Washington, and Wisconsin. There is no sales tax on orders shipped to other states.

INTERNATIONAL SHIPPING

order information

ORDER INFORMATION

Q: Where does Hard Culture accept orders from? A: At this time we are only able to accept orders within the 48 continental United States. We do not accept orders from Alaska, Hawaii, Puerto Rico or from international countries outside the United States.

ORDER CONFIRMATION

Q: How will I know if my order is confirmed? A: If you provided a valid email address during the Checkout process, you will receive a confirmation email after your order is placed that will confirms the details of your order. A second email will notify you your order has shipped and contains your order tracking number.

GIFT ORDERS

Q: How do I place a gift order?  A: When placing your order, please select “Send This As A Gift” on the Checkout page. Price tags will be removed and a gift receipt will be included. You may also include a brief message that will be printed on the gift receipt.

OUT-OF-STOCK ITEMS

Q: What if I place an order and Tillys.com doesn’t have the item in stock? A: While we make every effort to maintain an ample supply of our stock, occasionally we run out of certain items. Out-of-stock items will be removed from your original order total and a revised total will appear in your shipping confirmation email. Unfortunately, we are unable to accept back orders at this time.

RETURNS TO SHIPPER

Q: What if my package is returned to shipper? A: Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, we issue a full refund. We are unable to re-ship orders that are returned to us as undeliverable. If you would still like to purchase items that were undeliverable, you are welcome to place a new order on our website.

GARMENT CARE INSTRUCTIONS

Q: How should I care for my products? A: To fully enjoy your new products, make sure you read the item’s label and follow the care instructions.