Last updated: March 01, 2023
Please read these terms and conditions carefully before using our website bloopies.shop, purchasing any products, or submitting any content.
By accessing or using Bloopies® Mermaid, Fairies, Toys (“Bloopies,” “our,” “we,” “us,” or the “Company“) website, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions, please do not use our website.
We reserve the right to update these Terms and Conditions at any time without prior notice. Your continued use of our website following the posting of updated Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Access to Website
Subject to these Terms and Conditions, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Company website solely for your own personal use.
Certain sections or pages on this website may contain separate terms and conditions, which are in addition to these Terms and Conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Age Restriction
You must be at least 18 years old to access or use our website in any way. By accessing or using our website, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may only use our website with the involvement and consent of a parent or legal guardian.
Intellectual Property Rights
Our website and its contents, features and functionality, including but not limited to text, graphics, logos, button icons, images, digital downloads, data compilations, and software are the property of Bloopies or its content suppliers and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit any of the materials or content on our website without the express prior written permission of Bloopies.
Product Information
We try to be as accurate as possible with product information on our website. However, we do not warrant that product descriptions or other content on our website is accurate, complete, reliable, current, or error-free. Information and specifications published on this website may be outdated, and we are not obligated to update any information on our website.
If you require exact product specifications or other precise information, please contact us prior to placing an order. Images of products on our website are for illustrative purposes and may differ from the actual product.
Pricing and Availability Information
While we make every effort to provide accurate pricing and availability information for products on our website, we do not guarantee that the pricing or availability information is accurate, up-to-date or free from error.
Prices and availability are subject to change without notice. We reserve the right to limit quantities and correct pricing errors. We may revise or discontinue products at any time without notice. We shall not be liable to you or any third party for any price or availability information errors, omissions or misstatements on our website.
Registration for Newsletters
In order to subscribe to our newsletters or other communications, you may be required to provide certain information such as your name and email address. You represent that the information you provide is accurate and that you will notify us promptly if any of your contact information changes.
You may unsubscribe from our newsletters or other non-essential communications by clicking the “unsubscribe” link located at the bottom of any email we send. Alternatively, you may contact us using the contact information at the end of these Terms and Conditions with your request to unsubscribe. After processing your request, we will promptly remove you from all newsletters to which you have subscribed.
Purchases and Online Transactions
If you wish to purchase any product or service made available through our website, you may be asked to supply certain information including, but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
All charges and fees, including applicable taxes, associated with your purchase from Bloopies will be provided to you prior to processing your order. By submitting your order, you represent and warrant that you are authorized to make the purchase using the card you submit.
Your order will be considered accepted and binding only after we send you an order confirmation and shipment confirmation emails, collect payment in full, and ship or otherwise provide access to the product or service to you.
If we do not accept your order for any reason, no charges will apply and we will promptly refund any payments made for unaccepted or cancelled orders.
Shipping and Delivery
Shipping and delivery information published on our website is provided as an estimate only and may change. All shipping and delivery dates are estimates and are not guaranteed delivery times. We will make reasonable commercial efforts to ship all orders within the time indicated, but in no event will we be liable for any failure to ship as estimated or for late delivery.
Title and risk of loss pass to you upon delivery of any products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Returns and Refunds
Bloopies does not accept product returns or provide refunds. This is clearly stated during checkout prior to finalizing your purchase. As we make customized products based on each order, all sales are final.
Any exceptions to this policy are made at the Company’s sole discretion. If you believe exceptional circumstances warrant a return or refund, please contact customer service before attempting to return the product to request pre-authorization. We cannot guarantee any requests for returns or refunds will be granted after you have purchased or received the product.
User-Generated Content
You are solely responsible for any content that you upload, publish, or display on or through our website. You represent and warrant that any content you upload, publish or display:
- Is original to you and that you exclusively own the rights to such content, or that you otherwise have the right to upload publish and display the content and grant us license to use it.
- Does not violate the privacy rights, rights of publicity, copyright, contract rights, intellectual property rights, or any other rights of any person or entity.
- Does not constitute defamation, libel, slander, or otherwise violate any laws regarding disparagement, indecent, obscene, harassing, threatening, or abusive communications.
- Is truthful, accurate, lawful, and compliant with applicable laws, regulations and industry codes and standards.
By uploading any content, you automatically grant to Company a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, modify, edit, adapt, prepare derivative works based upon, display publicly, and otherwise exploit the content in connection with our website and business, in any form, format, media, or channels now known or later developed.
You waive any rights of attribution and/or any moral rights you may have in your user contributions. Company has the right (but not the obligation) in its sole discretion to monitor, block, delete, edit, move, or disable any content you share at any time without notice for any reason.
Prohibited Activity
You are prohibited from engaging in, attempting to engage in, or assisting any third party with any of the following prohibited activities on our website:
- Circumventing any technological protection measures or security measures.
- Data mining, scraping, crawling, or spidering.
- Harming minors in any manner.
- Harassing, threatening, extorting, stalking, intimidating, assaulting, or harming any individual, or promoting physical harm against any individual or group.
- Misrepresenting your identity or impersonating another user.
- Obtaining unauthorized access to the profiles, accounts, data, systems, networks of any user, Company, or any other third party.
- Posting material that is unlawful, untrue, defamatory, libelous, threatening, obscene, indecent, vulgar, harassing, hateful, abusive, inflammatory, racist, sexist, ethnically or otherwise objectionable or inappropriate.
- Posting or transmitting any malware, viruses, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
- Posting, uploading, or transmitting marketing or advertising content, event promotions, spam, chain letters, or any form of solicitation.
- Posting unauthorized commercial communications or advertisements.
- Reverse engineering, decompiling, disassembling, deciphering, analyzing or otherwise attempting to derive any source code, underlying ideas, algorithms, or non-public interfaces of our website, products, or services.
- Systematically harvesting any data or content from our website.
- Using any robot, bot, spider, scraper, crawler, site search/retrieval application, proxy, or other manual or automatic device, method or process to access, retrieve, index, data mine, or reproduce our website pages or content in any way.
- Defaming, harassing, abusing, threatening, or defrauding users of our website.
- Accessing, querying, or searching our website with any automated program, tool, algorithm, methodology, or process (except for public search engines).
- Interfering with the proper functioning of our website.
- Circumventing or manipulating our fee structure, billing process, or fees owed.
- Using our website for any illegal or unauthorized purpose, or engaging in conduct that violates any federal, state, local or international law, code, regulation, or ordinance.
- Eroding any security mechanisms or testing for security vulnerabilities.
- Making any modification or interface to any Company website or service that is not authorized.
- Disrupting the normal flow of communication in any interactive features or interfering with others’ use and enjoyment of our website.
- Disabling any licensing, rights management, or security features that enforce restrictions on use of Company content.
- Improperly exporting, importing or re-exporting Company content in violation of applicable export or import control laws.
We reserve the right to suspend or terminate your access and use of our website, without notice and liability, if you are in breach of any provision of these Terms and Conditions.
Disclaimers
Our website and its content are provided on an “as is” and “as available” basis. Company expressly disclaims all warranties of any kind, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Company makes no warranty that:
- Our website and its content will meet your requirements.
- Our website will be available on an uninterrupted, timely, secure, error-free basis.
- The results that may be obtained from use of our website will be effective, accurate, or reliable.
- The quality of any products, services, content, information, or other material obtained by you through our website will meet your expectations.
- Any errors in our website will be corrected.
Company is not liable for any loss of profits, indirect, incidental, consequential, special or punitive damages arising out of or in connection with your access or use of, or inability to access or use, our website.
Nothing in these terms shall limit or exclude any warranty or liability that cannot lawfully be limited or excluded under applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Company, our licensors, affiliates, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages arising out of or in connection with your use of our website.
Certain states or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. In no event shall Company’s total liability to you for all damages, losses, and causes of action arising from your use of our website exceed the amount you paid to Company in connection with the transaction that was the subject of the claim.
Indemnification
You shall defend, indemnify, and hold harmless Company and its directors, officers, employees, agents, contractors, suppliers, successors, and assigns from and against any claims, actions, demands, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:
(a) your violation of these Terms and Conditions;
(b) your access, use, misuse, or inability to access or use the website;
(c) your violation of any applicable law, rule or regulation;
(d) your violation of any third party right, including any intellectual property right, publicity right, or privacy right;
(e) any claim that your user content caused damage or harm to a third party;
(f) any other party’s access or use of the website through your account and/or device; or
(g) any dealings between you and any third parties advertising or promoting via the website.
This defense and indemnification obligation will survive these Terms and Conditions and your use of the website. You agree that Company shall have control of the defense or settlement of any such claims.
Changes and Amendments
We reserve the right to modify, supplement, or amend these Terms and Conditions at any time. If we make changes, we will post the revised Terms and Conditions and update the “Last Updated” date above. We recommend you check these Terms and Conditions frequently for changes. Your continued use of our website constitutes your acceptance of the amended Terms and Conditions. If you do not agree to the amended Terms and Conditions, you must stop using our website.
Assignment
You may not assign, delegate or transfer these Terms and Conditions or your rights or obligations hereunder without our prior written consent. We may freely assign, delegate or transfer these Terms and Conditions and our rights and obligations hereunder without notice or your consent. This Terms and Conditions shall be binding upon permitted assignees.
Governing Law
These Terms and Conditions shall be governed by the laws of the State of Delaware without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between you and Company relating to these Terms and Conditions shall be filed exclusively in the federal or state courts of Delaware, and you irrevocably consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action or proceeding.
Class Action Waiver
You agree that any dispute resolution proceedings, including any arbitration, will be conducted only on an individual basis and not in a class, consolidated, joint or representative action. If a court or arbitrator determines that any aspect of this class action waiver is unenforceable, unconscionable, void or voidable, the parties agree that the court should reform these Terms and Conditions to effect the parties’ intention that Company will not be subject to class arbitration or class action lawsuits.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any separate agreement you enter into with Company, shall constitute the entire agreement between you and Company relating to your access and use of our website.
Contact Us
Please contact us with any questions regarding these Terms and Conditions:
Bloopies® Mermaid, Fairies, Toys
123 Fairy Lane
Fantasy Town, FV 56789
Email: [email protected]
By accessing our website, you acknowledge that you have read and understand these Terms and Conditions, and agree to be bound by them.
