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Terms & Conditions: Spoiled World, LLC.
("Spoiled World") operates this web site
("Web Site") and hereinafter referred to as
"we" or "us". PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS WEB
SITE. YOUR USE OF THIS WEB SITE CONFIRMS
YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO
NOT ACCEPT THESE TERMS AND CONDITIONS, DO
NOT USE THIS WEB SITE. PLEASE ALSO READ OUR
PRIVACY POLICY WHICH ALSO GOVERNS YOUR USE
OF THIS WEB SITE. • Products, Content and
Specifications. All features, content,
specifications, products and prices of
products and services described or depicted
on this Web Site are subject to change at
any time without notice. All weights,
measures and similar descriptions are
approximate and are provided for convenience
purposes only. We make 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. The
inclusion of any products or services in
this Web Site at a particular time does not
imply or warrant that these products or
services will be available at any time. 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. All videocassettes, DVDs
and similar products sold are for private,
home use (where no admission fee is
charged), and may not be publicly performed
or displayed, and may not be duplicated. •
Shipping Limitations. When an order is
placed, it will be shipping to an address
designated by the purchaser as long as that
shipping address is compliant with the
shipping restrictions contained on this Web
Site. All purchases from this Web Site are
made pursuant to a shipment contract. As a
result, risk of loss and title for items
purchased from this Web Site pass to you
upon delivery of the items to the carrier.
You are responsible for filing any claims
with carriers for damaged and/or lost
shipments. • Accuracy of Information. We
attempt to ensure that information on this
Web Site is complete, accurate and current.
Despite our efforts, the information on this
Web Site may occasionally be inaccurate,
incomplete or out of date. We make no
representation
as to the completeness, accuracy or
correctness of any information on this Web
Site. For example, products included on the
Web Site may be unavailable, may have
different attributes than those listed, or
may actually carry a different price than
that stated on the Web Site. In addition, we
may make changes in information about price
and availability without notice. While it is
our practice to confirm orders by email, the
receipt of an email order confirmation does
not constitute our acceptance of an order or
our confirmation of an offer to sell a
product or service. We reserve the right,
without prior notice, to limit the order
quantity on any product or service and/or to
refuse service to any customer. We also may
require verification of information prior to
the acceptance and/or shipment of any order.
• Use of this Web Site. The Web Site design
and all text, graphics, information,
designs, logos, content, and other material
displayed on or that can be downloaded from
this Web Site are either the property of, or
used with permission by, Spoiled World and
are protected by U.S. and International
copyright, trademark and other laws and may
not be used except as permitted in these
Terms and Conditions or with the prior
written permission of the owner of such
material. You may not modify the information
or materials located on this Web Site in any
way or reproduce or publicly display,
perform, or distribute or otherwise use any
such materials for any public or commercial
purpose. All software used on this site is
the property of Spoiled World or our
software suppliers and is protected by U.S.
and International copyright laws. Any
unauthorized use of any such information or
materials may violate copyright laws,
trademark laws, laws of privacy and
publicity, and other laws and regulations.
You are responsible for maintaining the
confidentiality of your account information
and password and for restricting access to
such information and to your computer. You
agree to accept responsibility for all
activities that occur under your account or
password. • Electronic Communications. When
you visit this site or send emails to us,
you are communicating with us
electronically. You consent to receive
communications from us electronically. We
will communicate with you by email or by
posting notices on this Site. You agree that
all agreements, notices, disclosures and
other communications that we provide to you
electronically satisfy any legal requirement
that such communications be in writing. You
agree that we may send email to you for the
purpose of advising you of changes or
additions to this site, about any of our
products or services, or for such other
purposes as we deem appropriate. •
International Access. This Site may be
accessed from countries other than the
United States. This Site may contain
products or references to products that are
not available outside of the United States.
Any such references do not imply that such
products will be made available outside the
United States. If you access and use this
Site outside the
United States you are responsible for
complying with your local laws and
regulations. • Trademarks. Certain
trademarks, trade names, service marks and
logos used or displayed on this Web Site are
registered and unregistered trademarks,
trade names and service marks in the U.S.
and other countries of us and our
affiliates. Other trademarks, trade names
and service marks used or displayed on this
Web Site are the registered and unregistered
trademarks, trade names and service marks of
their respective owners. Nothing contained
on this Web Site grants or should be
construed as granting, by implication,
estoppels, or otherwise, any license or
right to use any trademarks, trade names,
service marks or logos displayed on this Web
Site without our written permission or the
written permission of such third party
owner. • 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
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 the
terms and conditions of our permission as
well as all applicable laws, rule 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 us or our 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 affiliates are responsible for any
content, materials or other information
located on or accessible from any other Web
site. Neither we nor any of our affiliates
endorse, guarantee, or make any
representations or warranties regarding any
other Web site, or any content, materials or
other information located or accessible from
such Web sites, or the results that you may
obtain from using such Web sites. If you
decide to access any other Web site linked
to or from this Web Site, you do so entirely
at your own risk. • Inappropriate Material.
You are prohibited from posting or
transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic
or profane material or any material that
could constitute or encourage conduct that
would be considered a criminal offense or
give rise to civil liability, or otherwise
violate any law. In addition to any remedies
that we may have at law or in equity, if we
reasonably determine that you have violated
or are likely to violate the foregoing
prohibitions, we may take any action we
reasonably deem necessary to cure or prevent
the violation, including without limitation,
the immediate removal from this Web Site of
the related materials. We will fully
cooperate with any law enforcement
authorities or court order or subpoena
requesting or directing us to disclose the
identity of anyone posting such materials.
• Gift Certificates. Gift certificates
can only be redeemed via purchases made on
this website, and are not redeemable for
cash. Any unused balance will be placed in
the recipient's gift certificate account and
is not transferable. If your order exceeds
the amount of your gift certificate, you
must pay for the balance with a credit card.
We are not responsible for lost or stolen
gift certificates. We make no warranties,
express or implied, with respect to gift
certificates, including without limitation,
any express or implied warranty of
merchantability or fitness for a particular
purpose. In the event a gift certificate
code is non-functional, your sole remedy,
and our sole liability, shall be the
replacement of such gift certificate.
Certain state laws 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 to you, and you might have
additional rights. • User Information. Other
than personally identifiable information,
which is subject to this Web Site's Privacy
Policy, any material, information,
suggestions, ideas, concepts, know-how,
techniques, questions, comments or other
communication you transmit or post to this
Web Site in any manner ("User
Communications") is and will be considered
non-confidential and non-proprietary. We,
each of our affiliates and/or our designees
may use any or all User Communications for
any purpose whatsoever, including, without
limitation, reproduction, transmission,
disclosure, publication, broadcast,
development, manufacturing and/or marketing
in any manner whatsoever for any or all
commercial or non-commercial purposes,
without payment of any consideration to you.
We may, but are not obligated to, monitor or
review any User Communications. We shall
have no obligation to use, return, review,
or respond to any User Communications. We
will have no liability related to the
content of any such User Communications,
whether or not arising under the laws of
copyright, libel, privacy, obscenity, or
otherwise. We retain the right to remove any
or all User Communications that includes any
material we deem inappropriate or
unacceptable. • Warranty Information. Some
items on our website may have a
manufacturer's warranty, which is noted in
the product description. Manufacturer's
warranties are provided by the manufacturer
of the product and not by RVCA and/or
Onestop. The manufacturer is responsible for
all warranty coverage, repair, servicing and
defects. To obtain a written warranty for
any of these items, send a specific written
request to our Customer Service Department.
• DISCLAIMERS. YOUR USE OF THIS WEB SITE IS
AT YOUR RISK. THE MATERIALS AND SERVICES
PROVIDED IN CONNECTION WITH 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. NEITHER WE NOR ANY
OF OUR AFFILIATES WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR SERVICES ON
OR THROUGH THIS WEB SITE. THE MATERIALS AND
SERVICES ON OR THROUGH THIS WEB SITE MAY BE
OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR
AFFILIATES MAKE ANY COMMITMENT OR ASSUMES
ANY DUTY TO UPDATE SUCH MATERIALS OR
SERVICES. 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.
ALL PRODUCTS AND SERVICES PURCHASED ON OR
THROUGH THIS WEB SITE ARE SUBJECT ONLY TO
ANY APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURES, DISTRIBUTORS AND
SUPPLIERS, IF ANY. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS 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. • LIMITATIONS OF LIABILITY. We
assume no responsibility, and shall not be
liable for, any damages to, or viruses that
may infect, your computer, telecommunication
equipment, or other property caused by or
arising from your access to, use of, or
browsing this Web Site or your downloading
of any materials, from this Web Site. IN NO
EVENT WILL WE, OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, PARENT CORPORATIONS, AGENTS,
SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY
PARTY INVOLVED IN THE CREATION, PRODUCTION
OR TRANSMISSION OF THIS WEB SITE BE LIABLE
TO ANY PARTY FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA
OR BUSINESS INTERRUPTION) ARISING OUT OF THE
USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THIS WEB SITE, ANY WEB SITES LINKED TO
THIS WEB SITE, OR THE MATERIALS, INFORMATION
OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB
SITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB
SITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
IN THE EVENT OF ANY PROBLEM WITH THE
PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED
ON OR THROUGH THIS WEB SITE, YOU AGREE THAT
YOUR SOLE REMEDY, IF ANY, IS FROM THE
MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF
SUCH SERVICES, IN ACCORDANCE WITH SUCH
MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO
SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR
SERVICES IN ACCORDANCE WITH THE RETURNS AND
REFUNDS POLICIES POSTED ON THIS WEB SITE. •
Revisions to these Terms and Conditions. We
may revise these Terms and Conditions at any
time and from time to time by updating this
posting. You should visit this page from
time to time to review the then current
Terms and Conditions because they are
binding on you. Certain provisions of these
Terms and Conditions may be superseded by
expressly designated legal notices or terms
located on particular pages at this Web
Site. • Choice of Law; Jurisdiction. These
Terms and Conditions supersede any other
agreement between you and us to the extent
necessary to resolve any inconsistency or
ambiguity between them. These Terms and
Conditions will be governed by and construed
in accordance with the State and Federal
laws of the State of California, without
giving effect to any principles of conflicts
of laws. A printed version of these Terms
and Conditions shall be admissible in
judicial and administrative proceedings
based upon or relating to these Terms and
Conditions to the same extent and subject to
the same conditions as other business
documents and records originally generated
and maintained in printed form. •
Indemnification. You agree to defend,
indemnify and hold Spoiled World harmless
from and against any and all claims,
damages, costs and expenses, including
attorneys' fees, arising from or related to
your use of the Site.
• 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 that you place or charges that you
incur 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. • Additional Assistance. If
you do not understand any of the foregoing
Terms and Conditions or if you have any
questions or comments, we invite you to
contact us. |