Terms of service

OVERVIEW

This website is operated by spoiledmunchkins. Throughout the site, the
terms “we”, “us” and “our” refer to spoiledmunchkins. spoiledmunchkins
offers this website, including all information, tools and Services available
from this site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms and conditions
and policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any Services. If
these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.

Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change
or replace any part of these Terms of Service by posting updates and/or changes
to our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age
of majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive
nature.
A breach or violation of any of the Terms will result in an immediate termination
of your Services.

SECTION 2 - GENERAL CONDITIONS
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 Service, use of the Service, or
access to the Service or any contact on the website through which the Service
is provided, without express written permission by us. The headings used in
this agreement are included for convenience only and will not limit or otherwise
affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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, more
complete or more 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, necessarily, is not 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.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through
the website. These products or Services may have limited quantities and are
subject to return or exchange only according to our Refund Policy: REFUND POLICY
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any color will be accurate. We reserve the right,
but are not obligated, to limit the sales of our products or Services 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 quantities of any products
or Services that we offer. All descriptions of products or product pricing are
subject to change at anytime without notice, at the sole discretion of us. We
reserve the right to discontinue any product at any time. Any offer for any
product or Service made on this site is void where prohibited. We do not warrant
that the quality of any products, Services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in
the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e‑mail and/or billing
address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more details, please review our Refund Policy: REFUND POLICY

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input. You acknowledge and agree that we
provide access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We
shall have no liability whatsoever arising from or relating to your use of
optional third-party tools. Any use by you of the optional tools offered
through the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s). We may also, in the future,
offer new Services and/or features through the website (including the release
of new tools and resources). Such new features and/or Services shall also be
subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include
materials from third-parties. Third-party links on this site may direct you
to third-party websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do not warrant and
will not have any liability or responsibility for any third-party materials
or websites, or for any other materials, products, or Services of third-parties.
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.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER 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, 'comments'), you agree that
we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to
any comments. We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms
of Service. You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a false e‑mail
address, pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed
by our Privacy Policy, which can be viewed here: PRIVACY POLICY

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel
orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have
submitted your order). We undertake no obligation to update, amend or
clarify information in the Service or on any related website, including
without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or
on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you
are prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose;
or (k) to interfere with or circumvent the security features of the Service or
any related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of
the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will
be uninterrupted, timely, secure or error-free. We do not warrant that the
results that may be obtained from the use of the Service will be accurate or
reliable. You agree that from time to time we may remove the Service for
indefinite periods of time or cancel the Service at any time, without notice
to you. You expressly agree that your use of, or inability to use, the Service
is at your sole risk. The Service and all products and Services delivered to
you through the Service are (except as expressly stated by us) provided 'as
is' and 'as available' for your use, without any representation, 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. In no case shall
spoiledmunchkins, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, Service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the Service or
any products procured using the Service, or for any other claim related in any
way to your use of the Service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the Service or any content (or product)
posted, transmitted, or otherwise made available via the Service, even if advised
of their possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to
the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless spoiledmunchkins and our
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, Service providers, subcontractors, suppliers, interns
and employees, harmless 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 of Service or the documents they incorporate by reference, or
your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of
Service, such determination shall not affect the validity and enforceability
of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes. These Terms of Service are effective unless and until terminated
by either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when you
cease using our site. If in our sole judgment you fail, or we suspect that
you have failed, to comply with any term or provision of these Terms of
Service, 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 Services
(or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on
this site or in respect to the Service constitutes the entire agreement and
understanding between you and us and governs your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service). Any ambiguities in
the interpretation of these Terms of Service shall not be construed against
the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the laws
of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time
at this page. We reserve the right, at our sole discretion, to update, change
or replace any part of these Terms of Service by posting updates and changes
to our website. It is your responsibility to check our website periodically
for changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@spoiledmunchkins.net.