Terms of Use & Service
Terms of Use & Services
Welcome to the Addicted Collectibles Toy Shop website, www.addictedcollectibles.com. Addicted Collectibles. ("ACToyShop") provides services ("ACTS") to you subject to the notices, terms, and conditions set forth in this agreement.
By using Addicted Collectibles Toy Shop services, you agree to these conditions. Please read them carefully.
POLICIES
Please Review all of our Policies posted in the Addicted Collectibles Toy Shop Contact Center (www.addictedcollectibles.com). These Policies govern your use of Addicted Collectibles Toy Shop. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
PRIVACY
Please review our Privacy Notice, which also governs your use of Addicted Collectibles Toy Shop Services, to understand our practices. Our Privacy Policy is available at Privacy Policy – Addicted Collectibles Toy Shop.
ELECTRONIC COMMUNICATIONS
When you use any Addicted Collectibles Toy Shop, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site. You can retain copies of these communications for your records. 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.
COPYRIGHT
All content included in or made available through any Addicted Collectibles Toy Shop, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Addicted Collectibles Toy Shop or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Addicted Collectibles Toy Shop is the exclusive property of Addicted Collectibles Toy Shop and is protected by U.S. and international copyright laws.
TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Addicted Collectibles Toy Shop are trademarks or trade dress of Addicted Collectibles Toy Shop in the U.S. and other countries. Addicted Collectibles Toy Shop's trademarks and trade dress may not be used in connection with any product or service that is not Addicted Collectibles Toy Shop's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Addicted Collectibles Toy Shop. All other trademarks not owned by Addicted Collectibles Toy Shop that appear in any Addicted Collectibles Toy Shop are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Addicted Collectibles Toy Shop.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use, Addicted Collectibles Toy Shop grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Addicted Collectibles Toy Shop. This license does not include any resale or commercial use of any Addicted Collectibles Toy Shop, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Addicted Collectibles Toy Shop or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Addicted Collectibles Toy Shop or its licensors, suppliers, publishers, rightsholders, or other content providers. No Addicted Collectibles Toy Shop, nor any part of any Addicted Collectibles Toy Shop, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Addicted Collectibles Toy Shop. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Addicted Collectibles Toy Shop without express written consent. You may not use any meta tags or any other "hidden text" utilizing Addicted Collectibles Toy Shop's name or trademarks without the express written consent of Addicted Collectibles Toy Shop. You may not misuse the Addicted Collectibles Toy Shop. You may use the Addicted Collectibles Toy Shop only as permitted by law. The licenses granted by Addicted Collectibles Toy Shop terminate if you do not comply with these Terms of Use.
YOUR ACCOUNT
If you use any Addicted Collectibles Toy Shop, 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. Addicted Collectibles Toy Shop does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Addicted Collectibles Toy Shop only with involvement of a parent or guardian. Addicted Collectibles Toy Shop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
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.
RISK OF LOSS
All items purchased from Addicted Collectibles Toy Shop are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Addicted Collectibles Toy Shop does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, Addicted Collectibles Toy Shop does not take title to the refunded item.
PRODUCT DESCRIPTIONS
Addicted Collectibles Toy Shop attempts to be as accurate as possible. However, Addicted Collectibles Toy Shop does not warrant that product descriptions or other content of any Addicted Collectibles Toy Shop Service is accurate, complete, reliable, current, or error-free. If a product offered by Addicted Collectibles Toy Shop is not as described, your sole remedy is to return it in unused condition.
PRODUCT PRICING
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Addicted Collectibles Toy Shop shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, your payment method will be refunded in the amount of the charge.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ADDICTED COLLECTIBLES TOY SHOP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ADDICTED COLLECTIBLES TOY SHOP SERVICES ARE PROVIDED BY ADDICTED COLLECTIBLES TOY SHOP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ADDICTED COLLECTIBLES TOY SHOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ADDICTED COLLECTIBLES TOY SHOP, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ADDICTED COLLECTIBLES TOY SHOP , UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ADDICTED COLLECTIBLES TOY SHOP IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ADDICTED COLLECTIBLES TOY SHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDICTED COLLECTIBLES TOY SHOP DOES NOT WARRANT THAT ADDICTED COLLECTIBLES TOY SHOP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BIGBADTOYSTORE SERVICES, ADDICTED COLLECTIBLES TOY SHOP SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ADDICTED COLLECTIBLES TOY SHOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADDICTED COLLECTIBLES TOY SHOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ADDICTED COLLECTIBLES TOY SHOP, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ADDICTED COLLECTIBLES TOY SHOP, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 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.
DISPUTES
If a dispute should arise between you and Addicted Collectibles Toy Shop, 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 contacting our customer service by email at service@addictedcollectibles.com. If your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the state of California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (Streamlined Arbitration Rules & Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Allocation of Fees and Costs: The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Addicted Collectibles Toy Shop, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Addicted Collectibles Toy Shop.