T E R M S & C O N D I T I O N S
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE
The website punkinfutz.com and/or any related mobile sites and applications (the “Site”) is owned and operated by PunkinFutz, LLC (“PunkinFutz”). These terms of use (the “Terms of Use”) apply to your use of this Site and any purchase or use of any products available through this Site. Additionally, your use of this Site is governed by our Privacy Policy, which is incorporated herein by reference.
By using the Site, you signify your acceptance of these Terms of Use and the Privacy Policy. If you do not agree to all of these Terms of Use and the Privacy Policy, do not use this Site. We may amend, update or change these Terms of Use at any time. If a revision, in our sole discretion, is material, the PunkinFutz will notify you by an e-mail sent tot he address specified in your account and/or by placing a prominent notice on the Site once the change has become effective.
You represent that you are (1) at least 18 years of age and (2) can form a binding contract. Individuals under the age of 18 can use this Site only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible
You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which PunkinFutz may undertake from time to time; or (iii) causes beyond the control of PunkinFutz or which are not reasonably foreseeable by PunkinFutz.
Ownership. Except for user-generated content, the content on this Site, such as text, graphics, interfaces, images, photographs, illustrations, trademarks, trade names, service marks, logos, content and other written and visual materials (“Content”) is protected by copyright under both United States and foreign laws. “PunkinFutz”, all PunkinFutz logos, and all sub brands, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress (“Trademarks”) of PunkinFutz or otherwise proprietary to PunkinFutz and may not be used by you for any reason other than as expressly permitted. Title to the Content and Trademarks remains with PunkinFutz. Any use of the Content or Trademarks not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without the prior written permission of PunkinFutz or its licensors.
Limited License. PunkinFutz authorizes you to view and download a single copy of the Content solely for your own lawful, personal, non-commercial use, so long as you include the following copyright notice: “© 2016 PunkinFutz, LLC” and retain other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Content on any other website, platform or in a networked computer environment for any purpose is prohibited. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Linking To Site. If you would like to link to the Site, you must comply with the following guidelines: (i) you must credit the site using the plain text name PunkinFutz.com or PunkinFutz; (ii) you may not use any of PunkinFutz logos, designs, or slogans in or with your links; (iii) you may not incorporate any Content from the Site into your site (e.g., by in-lining, framing or creating other browser or border environments around Content); (iv) your site must not present false information about PunkinFutz products or services; (v) you may not present the link to the Site in any way suggests that PunkinFutz has any relationship or affiliation with your site or endorses your site, products or services; (vi) you may not use any of Trademarks in any “meta tag” or other information used by search engines or other information location tools to identify and select sites; (vii) your site should not contain content that could be construed as distasteful, offensive or controversial.
Privacy. The PunkinFutz Privacy Policy governs the personal information you submit to PunkinFutz. If there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.
Ownership. Except as provided under Submission of Ideas (below), PunkinFutz does not claim ownership of any information or material a user provides to PunkinFutz or posts, uploads, input, submits, or transmits to this Site (“Submission”).
Prohibited Submissions. You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (i) make any Submission that is an advertisement or solicitation of business; (ii) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (iii) post a chain letter or pyramid scheme; impersonate another person; (iv) distribute viruses or other harmful computer code; (v) harvest or otherwise collects information about others, including email addresses, without their consent; (vi) post the same note more than once or “spamming”; or (vii) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of PunkinFutz, exposes PunkinFutz or any of its licensors, partners, or customers to any liability or detriment of any type.
License to PunkinFutz. By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by PunkinFutz. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—PunkinFutz a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, PunkinFutz is not required to use any Submission.
Responsibility for Submission. You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. PunkinFutz is not responsible for the consequences of any Submission. PunkinFutz is not responsible for screening or monitoring Submissions made to this Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, PunkinFutz may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. PunkinFutz will have no liability or responsibility to users for performance or nonperformance of such activities.
PunkinFutz Rights. PunkinFutz reserves the right (but is not obligated) to: (i) record the dialogue on the Site; (ii) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (iii) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (iv) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (v) monitor, edit, or disclose any Submission; (vi) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.
PunkinFutz’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to PunkinFutz through this Site or otherwise shall be the property of PunkinFutz, and may be treated by PunkinFutz as non-confidential information. PunkinFutz shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting PunkinFutz (address identified below) and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
c. Your name, address, telephone number, and (if available) email address.
d. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our address for copyright issues relating to this Site is as follows:
PunkinFutz, LLC
243 Waverly Avenue
Brooklyn, NY 11205
Attn: Copyright Agent c/o Legal Department
Phone: 347-577-9977
In an effort to protect the rights of copyright owners, PunkinFutz maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.
The Site may contain links to other websites or resources that are operated by third parties not affiliated with the PunkinFutz. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources.
Return Policy. Returned merchandise must be sent to the PunkinFutz within 30 days from the date you received it. Merchandise must be unused and in the same condition as it was shipped. Merchandise that has been worn, used, or altered, will not be accepted. A refund will be issued for the purchase price minus the cost of return shipping (if provided by PunkinFutz using the return label as instructed). Any other expense incurred by you to receive the merchandise, including shipping or any other fees, will not be reimbursed. Merchandise must be returned in accordance with the instructions for return included with shipped merchandise.
Product Descriptions. PunkinFutz attempts to provide accurate descriptions of products on the Site. PunkinFutz does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, please contact our Customer Service Department at HelpMe@PunkinFutz.com or at 347-577-9977.
Pricing Information. PunkinFutz strives to provide accurate pricing information regarding the products available on the Site. We cannot, however, insure against pricing errors. PunkinFutz reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, PunkinFutz will notify you by email.
Product Availability. The Site may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, PunkinFutz cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product offering may be in stock when a customer places the order, and sold out by the time the PunkinFutz attempts to process the order. Should this happen, PunkinFutz will notify you by email and attempt to provide reasonable options, including alternatives and backordering, with your approval. If PunkinFutz determines that a product you wish to purchase is no longer available, the item will be cancelled from your order and PunkinFutz will notify you by email.
Force Majeure. PunkinFutz shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of PunkinFutz. In the event that PunkinFutz is temporarily unable to ship to you a purchased item because of such an event, PunkinFutz will give you the option of deferring shipment or receiving a refund of your charges.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PUNKINFUTZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PUNKINFUTZ PRODUCTS, THE SITE AND ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE.
NEITHER PUNKINFUTZ NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “PUNKINFUTZ PARTIES”) SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PUNKINFUTZ PRODUCTS OR THE SITE. PUNKINFUTZ’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE SERVICE AND TO TERMINATE THIS AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold PunkinFutz Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney’s fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from: (i) your violation of these Terms of Use; (ii) any Submission you make to the Site; or (iii) fraud you commit, or your intentional misconduct or gross negligence.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. PunkinFutz reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You may cancel your Account at any time by emailing the PunkinFutz at HelpMe@PunkinFutz.com. PunkinFutz may terminate your Account and refuse any and all current or future use of the Site at any time, as the PunkinFutz deems appropriate in its sole discretion.
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of PunkinFutz and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.
These Terms of Use shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with PunkinFutz or relating in any way to your use of the PunkinFutz Products or the Site resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving PunkinFutz Parties.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of PunkinFutz on this Site, these Terms of Use and the Privacy Policy, constitute the entire agreement between you and PunkinFutz with respect to the use of the Site and Content.
PunkinFutz may assign these Terms of Use in whole or in part at any time without your consent. You may not assign these Terms of Use or delegate any of your obligations under these Terms of Use. Any purported assignment of these Terms of Use is void.
