Terms and Conditions  

TERMS OF USE

Welcome to the Famous Characters Inc. Website (the "Site")!


This Site is provided by Famous Characters Inc. 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 myfamouscharacters.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 Famous Characters Inc. 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 Famous Characters Inc. 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 Famous Characters Inc. 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 Famous Characters Inc.. 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 Famous Characters Inc.. in its sole discretion. If membership has been revoked Famous Characters Inc.. 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 Famous Characters Inc. 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 Famous Characters Inc.. 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 Famous Characters Inc. 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. Famous Characters Inc.. 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 Famous Characters Inc.. 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 Famous Characters Inc. be liable for any direct, indirect, special punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Famous Characters Inc. 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

Famous Characters Inc. 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 Famous Characters Inc..

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.


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