Conditions of Use - Privacy

CONDITIONS OF USE - PRIVACY

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.

MATURE AUDIENCES ONLY

The Monsters in Motion catalog and website are intended for mature audiences only. The content may be unsuitable for children under the age of 18. Monsters in Motion does not sell or market to children. Monsters in Motion sells and markets to adults 18 and over who can purchase with a credit card or money order. If you are under 18, you must use the Monsters in Motion web site and/or view the Monsters in Motion catalog with the involvement of a parent or guardian. BY USING THE WEBSITE, YOU CONFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER.

PRIVACY

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We regularly monitor our systems for possible attacks and vulnerabilities, but we can't warrant the security of the data you send us even with the safeguards we have put in place.

SSL Technology - Our website uses encryption technology, such as Secure Sockets Layer ("SSL"), to protect your personal information during data transport. SSL encrypts ordering information such as your name, address, and credit card number.

Our Commitment To Children's Privacy

Our privacy practices are consistent with the Federal Children's Online Privacy Protection Act ("COPPA") and we will not knowingly request or collect personal information from any child under the age of majority. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case he/she/they will take full responsibility for all obligations under this Agreement. BY ESTABLISHING AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS AGREEMENT AND THE TERMS OF USE ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

Your Choices

COPYRIGHT

All content included on this site and within our catalog, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Monsters in Motion,  or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site and within our catalog is the exclusive property of Monsters in Motion and protected by U.S. and international copyright laws. All software used on this site is the property of Monsters in Motion or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

MONSTERS IN MOTION is a registered trademark of Monsters in Motion in the United States and other countries. MONSTERS IN MOTION, , THE MONSTERS IN MOTION LOGO, monstersinmotion.com, the Monsters in Motion catalog and other marks indicated on our site are trademarks of Monsters in Motion,  or its subsidiaries, in the United States and other countries. THE MONSTERS IN MOTION LOGO and other Monsters in Motion graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Monsters in Motion or its subsidiaries. Monsters in Motion, 's trademarks and trade dress may not be used in connection with any product or service that is not Monsters in Motion, 's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Monsters in Motion,  All other trademarks not owned by Monsters in Motion,  or its subsidiaries that appear on this site and within our catalog are the property of their respective owners, who are not affiliated with, connected to, or sponsored by Monsters in Motion,  or its subsidiaries.

LICENSE AND SITE ACCESS

Monsters in Motion,  grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify the site or any portion of it, except with express written consent of Monsters in Motion,  This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No part of the Monsters in Motion,  web site may be reproduced, duplicated, copied, sold, resold, visited, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise), or otherwise exploited for any commercial or non-commercial purpose without express written consent of Monsters in Motion,

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 Monsters in Motion and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Monsters in Motion, 's name or trademarks without the express written consent of Monsters in Motion,  Any unauthorized use terminates the permission or license granted by Monsters in Motion,  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Monsters in Motion,  so long as the link does not portray Monsters in Motion, , its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Monsters in Motion logo or other proprietary graphic or trademark as part of the link without express written permission.

SALES

Monsters in Motion reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. “Monsters in Motion reserves the right to cancel orders and refund customers' money because of pricing, inventory, or advertising errors.”

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may send action figure greeting cards, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin the content's identity.

If you do submit material, and unless we indicate otherwise, you grant Monsters in Motion,  a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Monsters in Motion the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Monsters in Motion,  or its affiliates for all claims, judgments, liability, and expenses, including reasonable attorneys fees, arising out of claims of copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of these Terms of Use or your use, authorized or unauthorized, of the site. This provision does not apply to personal injury claims, and provides for indemnification only for the specific situations stated.. Monsters in Motion has the right but not the obligation to monitor and edit or remove any activity or content. Monsters in Motion takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Monsters in Motion 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.

PRODUCT DESCRIPTIONS

Monsters in Motion attempts to be as accurate as possible. However, Monsters in Motion does not warrant that product descriptions, prices, photographs or other content of this site or our catalog is accurate, complete, reliable, current, or error-free. Monsters in Motion is not responsible for typographical errors, manufacturer delays in delivery or changes to products. All product descriptions, case assortments, variations, prices and ship dates are subject to change and availability without notice. We reserve the right to limit the quantity of items sold. We reserve the right to refuse any sale. If a product offered by Monsters in Motion,  itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED BY MONSTERS IN MOTION ON AN "AS IS" AND "AS AVAILABLE" BASIS. MONSTERS IN MOTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MONSTERS IN MOTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MONSTERS IN MOTION DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MONSTERS IN MOTION,  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MONSTERS IN MOTION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MONSTERS IN MOTION MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.

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.

LIMITATION OF LIABILITY

MONSTERS IN MOTION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL ECONOMIC DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR CONSUMER FRAUD.

RESOLVING DISPUTES

If a dispute should arise between you and Monsters in Motion, , 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 cservice@monstersimotion.com or by phone at 1-714-577-8863. 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.

AGREEMENT TO ARBITRATE DISPUTES

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. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.

THIS SECTION 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:

WE BOTH AGREE TO ARBITRATE: You and Monsters in Motion,  agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Monsters in Motion, 's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Monsters in Motion,  may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Monsters in Motion,  must do the following things:

  • (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
  • (2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
  • (3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Monsters in Motion,  will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Monsters in Motion will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Orange County, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Monsters in Motion, , and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Monsters in Motion The arbitrator's decision may be entered as a judgment in a court of competent jurisdiction.

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.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Monsters in Motion,  in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MONSTERS IN MOTION,  WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY 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 Monsters in Motion,  at cservice@monstersinmotion.com and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

CHOICE OF LAW/FORUM SELECTION. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in California or federal court of competent jurisdiction in the District Court of California.

SITE POLICIES

Please review our other policies, such as our Ordering, Credit Card/Payment, Shipping and Returns polices and our Mint Condition Guarantee

MODIFICATION

The Terms of Use were updated on June 5, 2020. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

SEVERABILITY

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

 

   
   
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