FanHeads & JAKKS Pacific
Terms and Conditions
THESE TERMS AND CONDITIONS WERE UPDATED RECENTLY; PLEASE REVIEW.
Last Updated: July 31, 2018
The following terms and conditions ( “Terms”) apply applies to the JAKKS Pacific® website (www.fanheads.com), mobile site, applications, services, platforms, and tools where these Terms appear or are linked on the website (collectively, the “Site”). This Site is operated by JAKKS Pacific, 2951 28th St. Santa Monica, CA 90405. The terms “JAKKS Pacific”, “JAKKS”, “we”, “us”, and “our” refer to JAKKS Pacific and its parent, subsidiaries, affiliates, and licensors. We provide our services to you (the “Customer”) subject to these Terms. We may add additional Sites from time to time as we expand our offerings and these Terms will govern those new Sites if added. You may be accessing our Site from a computer or mobile phone device (through an iPhone application, for example) and these Terms govern your use of our Site and your conduct, regardless of the means of access. Purchases of products made through this site are governed by the TERMS AND CONDITIONS GOVERNING PURCHASES MADE THROUGH THE WEBSITE below. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- Third Party Sites
We may interact with you on third party websites that are not affiliated with us where we post content or invite your feedback, and/or direct you to third party websites via links. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of any those third party sites. These Terms do not apply to companies or websites that we do not own or control, or to the actions of people that we do not employ or manage. We do not warrant and to the fullest extent permitted by law, we will not have any liability or responsibility for any third party materials or websites, or for any other products, or services of third parties. To the fullest extent permitted by law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- Changes to the Agreements
- Age Requirement
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site and agree to the Terms only with involvement and consent of a parent or guardian.
- Your Account
You may be required to register with us and create an account in order to access certain services or place an order on the Site. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately of any breach of security or unauthorized use of your account. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times. By agreeing to the Terms, you agree that the content you supply does not violate these Terms and will not cause injury to any person or entity. In addition to all other rights available to us, we reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.
- SMS Terms and Conditions
By texting JAKKS from your mobile phone, you agree you could receive autodialed messages from JAKKS on your mobile phone. Consent is not a condition of purchase. You may receive a maximum of 5 messages per month.
- Mobile Service, Internet and Service Fees
The following section applies to users of our mobile application: The use of the mobile application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the mobile application, including without limitation, administrative messages, service announcements, diagnostic data reports, and mobile application updates, from JAKKS, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the mobile application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the mobile application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the mobile application.
The mobile application may not work with all devices or all mobile carriers. We make no representations that the mobile application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the mobile application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), to which you will be required to agree prior to your use of such services.
- General Conditions
To the fullest extent permitted by law, we reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred, unencrypted, and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site through which the service is provided, without express written permission by us.
- License and Access
We grant you a limited license to access and make personal use of the Site and Site content only for noncommercial purposes and only to the extent such use does not violate these Terms. This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All sales of products by us are limited to personal use and may not, without our express prior written approval, be made in conjunction with any resale or commercial use. You may not sell or resell any products you purchase or otherwise receive from us. You may not use our products or Site for any illegal or unauthorized purpose or solicit others to do so.
All rights not expressly granted to you in these Terms are reserved and retained by us and/or our content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not utilize the Site or its content to infringe upon or violate our intellectual property rights or the intellectual property rights of others. You may not utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You must not transmit any worms or viruses or any code of a destructive nature. You may not utilize the Site or its content to collect or track the personal information of others or to spam, phish, pharm, pretext, spider, crawl, or scrape. You may not interfere with or circumvent the security features of the Site or any related website. You may use the Site only as permitted by law. The licenses granted by us will terminate if you do not comply with these Terms and may result in an immediate termination of your account. We reserve the right, in our sole discretion, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms.
- Fraud Protection Program
We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. We may access, preserve and disclose your account information, Comments and Submissions (defined below) if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms, (iii) respond to claims of violations of the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of JAKKS (and its employees), its users and the public.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of JAKKS or our licensors. Our trademarks and trade dress may not be used in connection with any product or service that is not JAKKS, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site are Copyright © 2018 2017 JAKKS Pacific, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of JAKKS and protected by U.S. and international copyright laws. All software used on the Site is the property of JAKKS or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with JAKKS or using the Site as a shopping resource. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without our prior written permission is strictly prohibited.
We respect the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please follow the instructions below to contact us to report possibly copyright infringement.
- Notice and Procedure for Copyright Infringement Claim
Our policy is to respond promptly to copyright infringement claims on our Site. If you believe that your content has been copied on our Site in a way that constitutes copyright infringement under United States copyright law, please submit a notice to our Copyright Agent (listed below).
Notice: Please provide the following information in your notice:
- The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work(s) that you claim has been infringed;
- A description of the location on the Site of the material that you claim to be infringing;
- Your address, telephone number, and email address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notification to JAKKS is accurate and that you are authorized to act on behalf of the copyright owner.
JAKKS’ Copyright Agent can be reached as follows:
Address: 2951 28th St. Santa Monica, CA 90405
Phone Number: (424) 268-9444
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on the Site.
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Upon receipt of a valid notice of alleged copyright infringement, our policy is to remove or disable access to the material identified in the notice, forward the written notice to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to the material.
Counter-Notice: If a notice of copyright infringement has been filed against you, you may file a counter-notice with our Copyright Agent at the address listed above. To be effective, a counter-notice must be a written communication provided to JAKKS’ Copyright Agent that includes the following:
- Your physical or electronic signature;
- A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access to it was disabled;
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number, and email address; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
If you fail to comply with all the requirements of this section, your counter-notice may not be valid. If a valid counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, in our sole discretion.
- Online Conduct, Comments, and Submissions
Conduct: Any conduct by a person that, in our sole discretion, restricts or inhibits any other person from using or enjoying the Site is prohibited.
Comments: You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, photos, and other content on or through the Site (collectively, "Comment(s)") as long as your Comments do not contain any Prohibited Content. "Prohibited Content" means content that:
- is threatening, defamatory, hateful, abusive, vulgar, sexually explicit, profane, obscene, and/or harassing based on gender, race, ethnicity, national origin, disability or any other quality;
- contains any objectionable material of any kind;
- violates the right of privacy or right to publicity;
- is false, deceptive, or otherwise misleading;
- infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
- contains any software virus or other malware;
- includes any commercial or political solicitation;
- violates any local, state, or federal law or regulation;
- impersonates another person or entity;
- includes any advertisement, pyramid scheme, phish, or other "spam;" and/or
- is otherwise objectionable or non-family-friendly as determined by JAKKS in its sole discretion.
Although we cannot monitor all Comments, we reserve the right (but not the obligation), in our sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify JAKKS for all claims resulting from any such Comments. We take no responsibility and assume no liability for any Comment or other content posted by you or any third party.
You represent and warrant that:
- you own or otherwise control all of the rights to your Comment(s);
- use of any Comment supplied by you will not violate these Terms; and
- your Comment(s) will not cause injury to any person or entity.
Submissions: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you thereby grant to us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions. This license will survive the termination of these Terms and your use of the Site. You also grant us the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Submission.
- Accuracy and Completeness of Information
We sell makeup and skincare products (“Products”). The Products displayed on this Site can be ordered and delivered only within the U.S. and certain select countries as outlined on the Site. All prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement sponsorship or recommendation thereof by us.
We will endeavor to provide to you product labeling information. You are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions, precautions, and warnings. You should always check the product ingredients to avoid potential allergic reactions. In providing information on this Site with respect to Products, whether in product descriptions or otherwise, we may rely upon information from third-party manufacturers and from licensed beauticians. If you believe that any information is not accurate, please contact us at email@example.com. As to any products of which we are not the manufacturer, we will, upon request, endeavor to identify the manufacturer of such product and provide to you contact information for the manufacturer.
To the fullest extent permitted by law, we are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Site.
The Site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transmit times and availability. To the fullest extent permitted by law, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders at any time without prior notice if any information in the Site is inaccurate. We undertake no obligation to update, amend or clarify information in the Site including without limitation, pricing information except as required by law. Price and availability information contained on this Site is subject to change without notice. We shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site.
- Color/Satisfaction Policy/Returns
We have made every reasonable effort to display as accurately as possible the colors of the Products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the setting on the monitor. We do not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience, please contact us. If for any reason you are not satisfied with any product you purchase on the Site you can return it per our Return Policy (which can be found here).
By visiting our Site and purchasing something from us, you engage in our service and agree to be bound by the Terms. These Terms apply to all users of the Site who purchase or place an order for a product through the Site. When you submit an order to the Site, you agree that you do so subject to these Terms current at the date you submit your order. You are responsible for reviewing the latest Terms each time you submit your order. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Site or any part without any notice at any time. To the fullest extent permitted by law, we shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site.
“Order” means the order submitted by you to the Site to purchase a Product from us. To place an Order with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. If you are under 18, you may only place an Order with the involvement of a parent or guardian. You may not use our Product for any illegal or unauthorized purpose nor may you, in the use of the Product, violate any laws in your jurisdiction (including but not limited to copyright laws).
We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other acknowledgement of your Order by us is purely for information purposes and does not constitute the acceptance of Order. We may give you an Order reference number and details of the Product you have ordered, and to the fullest extent permitted by law, we may at our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product. To the fullest extent permitted by applicable law, we may cancel your Order if the Product is not available for any reason and we will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the Product. We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantity of any Products or services that we offer. All descriptions of Products are subject to change at any time without notice at the sole discretion of us. We reserve the right to discontinue any Product at any time. We do not warrant that the quality of any Product, service or information obtained by you will meet your expectation.
To the fullest extent permissible by applicable law, we reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and or Orders that use the same billing or shipping address. If we cancel your Order, we may attempt to notify you by contacting the email and or billing address and phone number provided at the time the Order was made. You must pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us. You may also pay by any other method that we have represented that is acceptable to us, but in any event we shall not be bound to supply the Product before we have received cleared funds in full.
If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us. You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
Before delivery, we may make minor adjustments to material, color, weight, measurements, design and other features to the extent that they are reasonable. We will use our reasonable efforts to ensure the Product is delivered in acceptable condition. In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including: your specifying with reasonable detail the way in which it is alleged that the Product is damaged or nonconforming; and your providing us with any information as we reasonably require.
We aim to deliver the Product to you at the place of delivery requested by you in your Order. We aim to deliver within the time indicated by us at the time of your Order but we cannot promise an exact date of delivery when you submit your Order. We shall use our reasonable efforts to contact you if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges. All risk in the Product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments. Undeliverable packages will be cancelled and refunded once received at our shipping hub. For more details, please review our Returns Policy (which can be found here).
If you would like us to replace or provide a refund for the Product where it did conform to the Order and we (at our sole discretion) determine that the Product has: been misused, abused or subjected to neglect; been involved in any accident or damage caused by an incorrect attempt at use; or been dealt with or used contrary to its ordinary use;
we may decide not to replace or refund you for the Product and we may require you to pay all reasonable carriage costs and servicing costs. To the fullest extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
- Warranties and Representations
We cannot and do not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
The Site and all information, content, materials and services made available to you through the Site (collectively, the “Site Contents”) are provided by us on an “AS IS,” “AS AVAILABLE” basis, without representations or warranties, including any express warranties, any implied warranties of merchantability, fitness for a particular purpose or otherwise, or any warranties as to the completeness of the Site Contents or that emails sent from us are free of malware or other harmful components. The forgoing disclaimers of representations and warranties shall be applicable only to the fullest extent permitted by the applicable law and shall in no event be construed to be broader than permitted by the applicable law. We do not represent or warrant that the information accessible via the Site is accurate, complete, or current. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
WE MAKE NO OTHER WARRANTIES AND REPRESENTATIONS AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
- Limitation of Liability
To the fullest extent permitted by law, we, our Site, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any damages of any kind arising out of or in connection with the use of the Site.
This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, or consequential damages, loss of data, income, profit, revenue, or savings, loss of or damage to property and claims of third parties, replacement costs, or any similar damages arising from your use of the Site. Exclusion or limitation of liability for consequential or incidental damages shall be limited to the maximum extent permitted by law.
You acknowledge and agree that we limit our liability in respect of all claims for a nonconforming or damaged Product, at our option, to replacement of the product or payment of having the Product supplied again. You agree that our total aggregate liability for all claims relating to the Product is limited to the retail price and shipping costs paid by you to us for the product. This Limitation of Liability shall not apply to claims for personal injury, willful conduct, gross negligence or fraud related to your use of a Product. To the fullest extent permitted by law, we exclude all representations or terms (whether express or implied) other than those expressly set out on the Site and these Terms. We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen. To the fullest extent permitted by applicable law, we may cancel an Order by written notice to you for any of the reasons stated herein.
- General Provisions
No failure or delay by us in exercising any right under these Terms shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms.
Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us. No person who is not a party to these Terms or an Order shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms or that Order its assent to any such term.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.
To the fullest extent permissible by applicable law, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
You agree to indemnify, defend and hold harmless JAKKS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the document they incorporate by reference, or your violation of any law or the rights of a third party. This Indemnification obligation shall survive the termination of these Terms and your misuse of the Site.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. We have the ability to modify or restrict an unenforceable, non-valid provision to the extent and in the manner necessary to render it valid, legal and enforceable.
The waiver of any breach or default of these Terms shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
- Entire Agreement
These Terms shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between JAKKS and you with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and/or oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by you shall be deemed rejected by us without need of further notice and shall not be part of these Terms or in any way binding upon us.
30. Dispute Resolution
If a dispute should arise between you and JAKKS, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 1-877-875-2557 or by sending an email to firstname.lastname@example.org. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND JAKKS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
31. Choice of Law, Arbitration, Jury, and Class Actions
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Choice of Law/Arbitration: California law governs these Terms and Agreements, regardless of conflicts of laws principles. If a dispute arises, the parties hereby agree to (a) resolve all disputes by binding arbitration in Los Angeles, California before a single arbitrator from Judicial Arbitration and Mediation Services and (b) waive any right to a trial by judge or jury. Notwithstanding the foregoing, all claims alleging violation of intellectual property rights shall be subject to the exclusive jurisdiction in Los Angeles of either California state courts or the US District Court. Before accepting appointment, the arbitrator shall agree: (a) that the arbitrator’s award shall be made within nine (9) months of the filing of a notice of intention (or demand) to arbitrate (but it may be extended by written agreement of the parties; (b) to base any decision or award on governing law; (c) to not award punitive or other damages that are not measured by the prevailing party’s actual damages, excepts as may be required by statute; and (d) to issue an written award within ten (10) days of concluding the presentation of evidence and briefs. Judgment may be entered in any court having jurisdiction. The prevailing party shall recover from the other party its costs and expenses, including reasonable attorney’s fees.
YOU MAY WANT TO CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at email@example.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms; (3) Your Address; (4) Your Phone Number; (5) and a clear statement that you wish to opt out of this arbitration provision in the Terms. The opt-out notice must be emailed no later than 30 days after the date you first accept the Terms by using the website. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.