Legal notice
This Legal Notice ("Notice") governs your access to and wheregiantssleep.com (the "Site"), our online location, our point-of-sale systems, our presence on third-party shopping and AI platforms, and any other channel through which Sole Play conducts business (collectively, the "Services"). This Notice is published by WHERE GIANTS SLEEP, LLC., a corporation organized under the laws of the State of Alabama, doing business as WHERE GIANTS SLEEP ("WHERE GIANTS SLEEP," "we," "us," or "our"), with its principal place of business at wheregiantssleep.com
By using the Services, browsing the Site, entering a raffle, placing an order, visiting our retail location, or otherwise interacting with WHERE GIANTS SLEEP through any channel, you acknowledge that you have read, understood, and agreed to be bound by this Notice in addition to our Terms of Service, Privacy Policy, Refund Policy, and Shipping Policy (collectively, the "Policies"). If you do not agree, do not use the Services.
1. Identity of the Operator
The Site and Services are operated by WHERE GIANTS SLEEP, LLC. d/b/a WHERE GIANTS SLEEP. The trade name "WHERE GIANTS SLEEP" and any associated marks, logos, slogans, and trade dress are the property of WHERE GIANTS SLEEP, LLC. and are protected under United States and international intellectual property laws. Unauthorized use is strictly prohibited.
2. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS, SERVICES, CONTENT, AND INFORMATION OFFERED BY SOLE PLAY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. WHERE GIANTS SLEEP MAKES NO REPRESENTATION THAT THE SITE, ITS CONTENT, OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS, BE AVAILABLE WHEN YOU WANT IT, OR BE FREE FROM ERRORS, DEFECTS, OR INTERRUPTIONS.
3. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHERE GIANTS SLEEP, ITS PARENT COMPANY WHERE GIANTS SLEEP, LLC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS, OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH:
- Your access to, use of, or inability to use the Site, Retail Location, or any sales channel;
- Any product purchased from us through any channel, whether online, in-store, through a third-party platform, or through an AI-powered shopping interface;
- Any conduct or content of any third party on or in connection with the Services;
- Loss, theft, damage, delay, or non-delivery of any package once tendered to a shipping carrier;
- Errors, inaccuracies, or omissions in any product description, photograph, price, or availability listing;
- Outcomes of any raffle, drawing, allocation, or first-come-first-served release;
- Unauthorized access to or alteration of your transmissions or data; or
- Any matter relating to the Services, however arising, whether based in contract, tort (including negligence), strict liability, or any other legal theory.
WHERE LIABILITY CANNOT BE FULLY DISCLAIMED UNDER APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SOLE PLAY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO SOLE PLAY FOR THE SPECIFIC PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Product Authenticity, Allocation, and Brand Disclaimers
WHERE GIANTS SLEEP sells products curated for and by the company itself. We are an independent retailer and are not affiliated with, endorsed by, or sponsored by any other brand whose products we may carry through collaboration releases. All trademarks, service marks, brand names, and logos displayed on the Site are the property of their respective owners and are used solely to identify the products to which they pertain.
Inventory, availability, sizing, colorways, and pricing for all products are subject to change without notice. WHERE GIANTS SLEEP does not confirm, guarantee, or publicly disclose stock levels, future restock plans, or allocation outcomes for any product. Most products we carry are limited releases and are not restocked. Allocation of limited or high-demand product is conducted exclusively through raffle systems or first-come, first-served in-store releases, and entry into any raffle does not guarantee a winning outcome or product purchase. WHERE GIANTS SLEEP reserves the absolute right to determine allocation methods, decline any sale, void raffle entries suspected of automated entry or fraud, and cancel any order at our sole discretion.
Certain products sold by WHERE GIANTS SLEEP may be available exclusively through our Retail Location and not for online purchase. Public discussion of inventory availability for these brands is not provided. Customers are directed to visit the Retail Location for product details.
5. Pricing, Promotions, and Channel Variance
Prices, promotions, discounts, and product availability may vary between WHERE GIANTS SLEEP’S Dothan, AL Pop- Up Retail Location(s) and our online store at wheregiantssleep.com and between sales channels including but not limited to our website, in-store point-of-sale, third-party marketplaces, and AI-powered shopping platforms. A price displayed at any one channel does not guarantee the same price at another. WHERE GIANTS SLEEP reserves the right to set, modify, and adjust pricing independently at the Retail Location and on each online channel at our sole discretion, without prior notice. Customers are not entitled to price matching across channels unless a specific written price-match offer is made by WHERE GIANTS SLEEP at the point of sale. Pricing errors are subject to correction; WHERE GIANTS SLEEP reserves the right to cancel any order placed at an erroneous price and refund the customer in full.
6. Shipping, Delivery, and Carrier Liability
All shipments are tendered to third-party carriers (FedEx, UPS, USPS, or others). Once a package has been tendered to a carrier, title and risk of loss pass to the customer at the point of carrier acceptance. WHERE GIANTS SLEEP disclaims all liability for loss, theft, damage, misdelivery, delay, or non-delivery of any package after carrier acceptance. Customers experiencing a shipment issue must initiate a claim directly with the carrier and may contact WHERE GIANTS SLEEP for supporting documentation. International shipments are final sale; the recipient is solely responsible for all duties, taxes, customs fees, and compliance with the import laws of the destination country. WHERE GIANTS SLEEP makes no representation regarding delivery times, customs clearance, or recipient eligibility for international shipments.
7. Returns, Refunds, and Final Sale
Returns, exchanges, and refunds are governed by our Refund Policy. Items designated as final sale — including but not limited to sale and promotional items, raffle wins, limited and exclusive releases, undergarments, gift cards, mystery boxes, worn or used footwear, items missing original packaging or tags, and all international orders — are not eligible for return, exchange, or refund under any circumstance. Restocking fees may apply to eligible returns as disclosed in the Refund Policy.
8. Raffles, Drawings, and Limited Releases
WHERE GIANTS SLEEP conducts raffles, drawings, and other allocation systems for limited and high-demand product. By entering any raffle, you acknowledge and agree that: (a) entry does not guarantee a winning outcome or right to purchase; (b) WHERE GIANTS SLEEP has sole discretion in determining winners, eligibility, and allocation; (c) WHERE GIANTS SLEEP reserves the right to disqualify entries suspected of automated entry, multiple-account abuse, fraud, or violation of raffle terms; (d) winning entries must be claimed and paid for within the timeframe announced at the raffle, after which the allocation is forfeit; and (e) all raffle outcomes are final and not subject to dispute. WHERE GIANTS SLEEP disclaims all liability for any direct or consequential loss arising from raffle participation, raffle outcomes, technical failures of the raffle system, or any third-party platform used to administer raffles.
9. Communications, Response Times, and Service Availability
WHERE GIANTS SLEEP does not guarantee response times to calls, emails, direct messages, social media messages, or any other form of customer inquiry. While we strive to respond promptly during business hours, response times are not contractual commitments. Online order processing and customer service are provided during business hours, excluding holidays. The Site may be unavailable from time to time due to maintenance, technical issues, third-party service interruptions, or other causes, and WHERE GIANTS SLEEP disclaims any liability arising from such unavailability.
10. Third-Party Platforms, Pixels, and AI Shopping Channels
WHERE GIANTS SLEEP's products may appear on, or be sold through, third-party shopping platforms, marketplaces, AI-powered shopping interfaces, and social commerce channels. When you interact with WHERE GIANTS SLEEP through such a third-party channel, that platform's own terms, privacy practices, and policies will apply to your interaction, in addition to ours where applicable. WHERE GIANTS SLEEP disclaims liability for the conduct, data practices, technical performance, content moderation, or transactional outcomes of any third-party platform. Advertising and analytics pixels operated on the Site (including but not limited to Google, Meta, and TikTok) collect information as described in our Privacy Policy; WHERE GIANTS SLEEP disclaims liability for the practices of these third-party providers beyond the disclosures made in the Privacy Policy.
11. User-Generated Content, Reviews, and Submissions
Any reviews, comments, photos, social media tags, or other content you submit, post, or transmit in connection with the Services may be used, reproduced, modified, published, and distributed by WHERE GIANTS SLEEP in any media for marketing, promotional, and editorial purposes, in perpetuity, without compensation, attribution, or further consent. By submitting content, you represent and warrant that you own all necessary rights to the content and that the content does not violate any third-party rights or applicable law. WHERE GIANTS SLEEP reserves the right to remove or refuse any content at our sole discretion and disclaims liability for content posted by users.
12. Indemnification
You agree to defend, indemnify, and hold harmless WHERE GIANTS SLEEP, WHERE GIANTS SLEEP, LLC., and their officers, directors, employees, agents, affiliates, suppliers, licensors, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Services; (b) your violation of these Policies; (c) your violation of any third-party right, including without limitation any intellectual property, publicity, confidentiality, property, or privacy right; (d) any false, misleading, or fraudulent statement made by you in connection with a transaction; or (e) any claim that your conduct caused damage to a third party. This indemnification obligation will survive termination of these Policies and your use of the Services.
13. Force Majeure
WHERE GIANTS SLEEP shall not be liable for any failure or delay in performance of its obligations under these Policies caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, fire, flood, pandemic, epidemic, government action, civil unrest, war, terrorism, labor disputes, supply chain disruption, supplier or vendor failure, carrier delay, internet or utility outage, cyberattack, or third-party platform failure. The performance obligations of WHERE GIANTS SLEEP shall be suspended for the duration of such force majeure event.
14. Geographic Limitations and Jurisdictional Compliance
WHERE GIANTS SLEEP operates from the United States. The Site, products, and Services are intended for use by individuals located in the United States and other jurisdictions where the offering of such Services is lawful. We make no representation that the Services are appropriate or available for use in any particular jurisdiction. Visitors who access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws. We reserve the right to refuse service, restrict access, or cancel orders from any jurisdiction at our sole discretion.
15. Governing Law and Dispute Resolution
These Policies and any dispute, claim, or controversy arising out of or relating to your use of the Services shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict-of-law principles. The exclusive forum for any dispute, claim, or controversy that is not subject to mandatory arbitration shall be the state or federal courts located in Houston County, Alabama, and you irrevocably consent to the personal jurisdiction of those courts. Any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.
16. Severability and No Waiver
If any provision of these Policies is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. The failure of WHERE GIANTS SLEEP to enforce any right or provision shall not be deemed a waiver of such right or provision.
17. Modifications
WHERE GIANTS SLEEP reserves the right to modify, update, or replace any part of these Policies, including this Legal Notice, at any time and at our sole discretion. Updates are effective immediately upon posting to the Site. Your continued use of the Services after a modification has been posted constitutes your acceptance of the modified Policies. We encourage you to review the Policies periodically.
18. Contact
WHERE GIANTS SLEEP, LLC. d/b/a WHERE GIANTS SLEEP
Phone:
Email: hello@soleplaybama.com
For privacy-related inquiries, please direct correspondence to hello@wheregiantssleep.com with the subject line "Privacy Request." For legal service of process, please direct correspondence to the registered office above.