TERMS OF USE
Welcome to the Characters Club, LLC. Website (the "Site")!
This Site is provided by Characters
Club, LLC. as a service to our customers. Please review the following basic
rules that govern your use of our Site (the "Agreement"). Please note
that your use of our Site constitutes your agreement to follow and be bound by
these terms. Although you may "bookmark" a particular portion of this
Site and thereby bypass this agreement, your use of this site still binds you
to these terms. Please review the following terms and conditions carefully, and
check them periodically for changes. If you do not agree to the terms and
conditions, you should not review information or obtain goods, services or
products from this site.
Acceptance of Agreement
You agree to the
terms and conditions outlined in this Terms and Conditions of use Agreement
("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended by us at any time and from time to time without
specific notice to you. The latest Agreement will be posted on the Site, and
you should review this Agreement prior to using the Site.
Site Contents
Occasionally there may be information on thecharactersclub.com that contains
typographical errors, inaccuracies, or omissions that may relate to product
descriptions, pricing, and availability. Certain weights, measures and similar
descriptions are approximate and are provided for convenience purposes only.
The Characters Club, LLC. makes all reasonable efforts to accurately display
the attributes of our products, including the applicable colors; however, the
actual color you see will depend on your computer system, and we cannot
guarantee that your computer will accurately display such colors. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update information at any time without prior notice (including after you have
submitted your order). We apologize for any inconvenience this may cause you.
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, written material and other pertinent
information that are part of this Site (collectively, the "Contents")
are copyrights, trademarks, trade dress, and/or other intellectual property
owned, controlled, or licensed by Characters Club LLC. The Site as a whole is
protected by copyright and trade dress, all worldwide rights, titles, and
interests in and to which are owned by Characters Club LLC. It is your
responsibility to ascertain and obey all applicable local, state, federal and
international laws (including minimum age requirements) in regard to the
possession, use and sale of any item purchased from this Web Site. By placing
an order, you represent that the products ordered will be used only in a lawful
manner. This site and all its Contents are intended solely for personal,
non-commercial use. You may download or copy the contents and other downloadable
materials displayed on the site for your personal use only. No right, title, or
interest in any downloaded materials or software is transferred to you as a
result of any such downloading or copying. You may not reproduce (except as
noted above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of, or exploit in any way, in
whole, or in part any of the contents, the site, or related software.
Linking to this Web Site
Creating
or maintaining any link from another web site to any page on this web site
without our prior written permission is prohibited. Running or displaying this
web site or any information or material displayed on this web site in frames or
through similar means on another web site without our prior written permission
is prohibited. Any permitted links to this web site must comply with all
applicable laws, rules and regulations.
Third
Party Links
From time to time, this web site may contain links to web
sites that are not owned, operated or controlled by Characters Club, LLC. or
their respective affiliates. All such links are provided solely as a
convenience to you. If you use these links, you will leave this web site.
Neither we nor any of our respective affiliates are responsible for any
content, materials or other information that is located on or is accessible
from any other web site. Neither we nor any of our respective affiliates
endorse, guarantee, or make any representations or warranties regarding any
other web sites, any content, materials or other information located or
accessible from any other Web sites, or the results that you may obtain from
using any other Web sites. If you decide to access any other Web sites linked
to or from this web site, you do so entirely at your own risk
Fraud
By
becoming a member, you confirm that the information provided in this form is
true and that you agree to abide by the Terms and Conditions for use of this
site. Please note that your membership can be cancelled without notice if it is
determined that false or misleading information has been provided, the Terms
and Conditions of use have been violated, or other abuses have occurred as
determined by Characters Club, LLC. in its sole discretion. If
membership has been revoked Characters Club, LLC. reserves the right to refuse
application or readmission to the membership program.
Indemnification
You
agree to indemnify, defend and hold us and our partners, attorneys, staff and
affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees, related
to your violation of this agreement or use of the site.
Nontransferable
Your
right to use the site is not transferable. Any password or right given to you
to obtain information or documents is not transferable and may only be used by
you.
Payments
You
represent and warrant that if you are purchasing something from us or from our
merchants that 1.any credit card
information you supply is true, correct and complete, 2. charges incurred by
you will be honored by your credit card
company, and 3. you will pay the charges incurred by you at the posted prices,
including any shipping fees and applicable taxes.
Submissions
All
suggestions, ideas, notes, concepts and other information you may from time to
time send to us (collectively, "Submissions") shall be deemed and
shall remain our sole property and shall not be subject to any obligation of
confidence on our part. Without limiting the foregoing, we shall be deemed to
own all known and hereafter existing rights of every kind and nature regarding
the submissions and shall be entitled to unrestricted use of the submissions
for any purpose, without compensation to the provider of the submissions.
Privacy
You have read the Characters Club, LLC. at Home Privacy Policy, the
terms of which are incorporated into these terms of use, and agree that the
terms of such policy are reasonable. You consent to the use of your personal
information by Characters Club, LLC. and/or third parties in accordance with
the terms of and for the purposes set forth in the Privacy Policy.
Venue; Applicable Law
You agree that all
actions or proceedings arising
directly or indirectly out of this agreement, your use of the site, or any
samples or products obtained by you through such use, shall be litigated in the
circuit court of Los Angeles,
California
or the United States
district court for the district of California. You are expressly submitting and
consenting in advance to such jurisdiction any action or proceeding in any of such courts, and are waiving any
claim that Los Angeles,
California or the district of California is
an inconvenient forum or an improper forum based on lack of venue. This site is
created and controlled by Characters Club, LLC. in the State of
California, USA. As such, the laws of
California will govern
the terms and conditions contained in this agreement and elsewhere throughout
the site, without giving effect to any principles of conflicts of laws.
Disclaimers
Your use of this site is at your
risk. The information, materials
and services provided on or through this web site are provided “AS IS” without
any warranties of any kind including warranties of merchantability, fitness for
a particular purpose, or non-infringement of intellectual property. Characters
Club, LLC. nor any of their respective affiliates warrant the accuracy or
completeness of the information, materials or services provided on or through
this web site may be out of date, and neither Characters Club, LLC. nor any of
their respective affiliates makes any commitment or assumes any duty to update
such information, materials or services. The foregoing exclusions of implied
warranties do not apply to the extent prohibited by law. Please refer to your
local law for any such prohibitions.
All products and services purchased on or through this web site are subject
only to any applicable warranties of their respective manufacturers,
distributors and suppliers, if any. To the fullest extent permissible by
applicable law, we hereby disclaim all warranties of any kind, either expressed
or implied, including, any implied warranties with respect to the products and
services listed or purchased on or through this web site. Without limiting the
generality of the foregoing, we hereby expressly disclaim all liability for
product defect or failure, claims that are due to normal wear, product misuse,
abuse, product modification, improper product selection, non-compliance with
any codes, or misappropriation. We make no warranties to those defined as
“consumers” in the Magnuson-Moss warranty–federal trade commission improvements
act. The foregoing exclusions of implied warranties do not apply to the extent
prohibited by law. Please refer to your local laws for any such prohibitions.
Limitation on Liability
In no event, including, but not limited to, negligence, shall Characters Club,
LLC. be liable for any direct, indirect, special punitive, incidental,
exemplary or consequential damages, or any damages whatsoever, even if Characters
Club, LLC has been previously advised of the possibility of such damages,
whether in an action under contract, negligence, or any other theory, arising
out of or in connection with the use, inability to use, or performance of the
information, services, products, and materials available from or linked to this
site. These limitations shall apply not withstanding any failure of essential
purpose of any limited remedy. If your use of materials from this site results
in the need for servicing, repair or correction of equipment or data, you
assume any costs thereof.
Verify Members' Address:
Characters
Club, LLC.reserves the right to contact a member via email to verify the
accuracy of account information (including the member's correct name and
address) that is needed to provide the member with the information he or she
requested from Characters Club, LLC.
Termination
You or we may suspend
or terminate your account or your use of this web site at any time, for any
reason or for no reason. You are personally liable for any orders placed or
charges incurred through your account prior to termination. We reserve the
right to change, suspend, or discontinue all or any aspect of this web site at
any time without notice.