Terms of Sale
The following Terms and Conditions of Sale (the “Terms of Sale”) shall apply to all purchases of props, equipment and/or other items (collectively, “Products”) from DAPPER CADAVER, LLC a California limited liability company doing business as Creatures & Cultures (“us”, “we” or “our”).
1. Scope of Terms of Sale.
These Terms of Sale are a legally binding agreement between you (“you” or “your”) and us and govern your purchase of any Products from us. You agree to comply with these Terms of Sale and all additional terms and conditions governing access to and use of specific areas of the http://www.creaturesandcultures.com (the “Website”) (collectively, the “Additional Terms”).
2. Binding Agreement.
BY PURCHASING ANY PRODUCTS FROM US ON THE WEBSITE, YOU UNDERSTAND AND AGREE THAT YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO ALL OF THE PROVISIONS OF THESE TERMS OF SALES AND ALL OTHER AGREEMENTS, POLICIES AND TERMS AND CONDITIONS INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT UNDERSTAND OR AGREE TO ANYTHING IN THE IMMEDIATELY PRECEDING SENTENCE OR ANY OTHER PROVISION OF THESE TERMS OF SALE, YOU SHOULD NOT PURCHASE ANY PRODUCTS ON THE WEBSITE.
3. Pricing, Information, and Ordering.
(a) Products and the prices and terms of payment are offered by us in our sole discretion and are subject to modification by us from time to time by posting new, modified, or additional offerings, structures, prices or terms on the Website.
(b) We will use our commercially reasonable efforts to fill your orders but do not guarantee the accuracy or completeness of any information on or associated with the Website including prices advertised at locations other than the Website, Products images, specifications, availability, and Products displayed on, offered for sale, or sold through the Website. We and our vendors and suppliers each reserve the right to discontinue the sale of Products at any time without prior notice to you.
(c) Prices and information on the Website may vary from advertised prices and information located elsewhere. All prices for Products are payable in United States Dollars, are valid and effective only within the United States, and do not include sales taxes which, if applicable, will be added to your total invoice price. You are solely responsible for the payment of state and local sales or use taxes that may apply to your order.
(d) You must inspect the Products within forty-eight (48) hours after receipt thereof (the “Inspection Period”). Unless you provide us with notice of any defect in or other proper objection to the Products prior to the expiration of the Inspection Period, you agree that it shall be conclusively presumed, as between us, that you have fully inspected and acknowledged that the Products are in good condition and repair, and that you are satisfied with and have accepted the Products in such good condition and repair. After the expiration of the Inspection Period, all sales shall be considered final sales and no returns, refunds or cancellations will be permitted. If you have notified us during the Inspection Period that any Products are damaged or defective, you may return the Products to us for a full refund including shipping and handling. If you have notified us during the Inspection Period that any Products are unsatisfactory for any reason other than damage or defect, you may return the Products to us at your sole cost and expense for a store credit or exchange for another item of similar value, which we will ship to you at your own cost and expense. If you have cancelled the purchase of a Product prior to our delivery of such Product to a common carrier for shipment to you, we will issue a full refund. Notwithstanding anything else set forth herein, under no circumstances will we accept any returns, refunds, exchanges, or cancellations for (i) any “Blood”, “Make Up” or “Moulage,” or (ii) any purchases of Products made between 12:01 am Pacific Standard Time on October 15th and 11:59 pm Pacific Standard Time on November 2nd.
4. Payments; Subscription Cancellation.
Payments must be made by credit or debit card. We currently accept Visa, MasterCard, American Express, and Paypal, but payment methods may change at any time in our sole discretion.
5. WARRANTIES; DISCLAIMERS; LIMITATION OF LIABILITY.
(a) WARRANTY DISCLAIMER. ALL PRODUCTS ARE SOLD “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, OR SYSTEM INTEGRATION. WE DO NOT GUARANTEE THAT ACCESS TO THE WEBSITE OR TO THE PRODUCTS WILL BE UNINTERRUPTED AND ERROR FREE, AND WE MAY SUSPEND OR CANCEL SERVICE AT ANY TIME WITHOUT NOTICE. YOU ACKNOWLEDGE BY YOUR USE OF THE PRODUCTS THAT YOUR USE THEREOF AND ANY RELIANCE UPON THEM IS AT YOUR OWN RISK. WE FURTHER DISCLAIM ANY LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO YOU OR THIRD PARTIES, WHETHER OR NOT AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE PRODUCTS.
(b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF US, OUR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, OR AGENTS (EACH, A “RELATED PARTY”) SHALL BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR IF WE HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. You acknowledge and agree that by purchasing the Products you shall be solely liable for all claims, including but not limited to claims for personal injury or damage to property, arising, directly or indirectly, in connection with the Products. By purchasing the Products, you acknowledge and agree (i) that the Products are not suitable for all purposes (AND ARE SPECIFICALLY NOT INTENDED FOR ANY SCIENTIFIC OR MEDICAL PURPOSES), (ii) that certain OF THE Products are inherently dangerous, and (iii) that you are voluntarily assuming the risk of all dangers including serious bodily injury which may result from use of the Products.
(c) MAXIMUM LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
(d) INDEMNIFICATION. YOU AGREE TO DEFEND AND INDEMNIFY US AND THE RELATED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS.
(e) Release. Except as otherwise provided for herein, you hereby generally release and forever discharge us and the Related Parties from any and all claims, debts, damages, liabilities, demands, obligations, costs, expenses, attorneys’ fees, disputes, actions and causes of action of every nature, known or unknown, relating to the manufacture, selection, delivery, sale, control, possession, use, operation, or maintenance of the Products. It is the intention of the parties, that this release be and is effective as a full and final accord and satisfaction and release of all claims, debts, damages, liabilities, demands, obligations, costs, expenses, attorneys’ fees, disputes, actions, and causes of action of every nature, known or unknown, suspected or unsuspected, that you may have against us and the Related Parties relating to the manufacture, selection, delivery, sale, control, possession, use, operation, or maintenance of the Products. The releases herein given shall be and remain in effect notwithstanding the discovery or existence of any such additional or different claims, facts, or legal theories.
Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted materials. Criminal copyright infringement is investigated by the FBI and may constitute a felony with a minimum penalty of up to five years in prison and/or $250,000 fine. THE WEBSITE AND ALL CONTENT THEREOF ARE OUR EXCLUSIVE PROPERTY (UNLESS OTHERWISE NOTED IN WRITING THEREON), THE COPYRIGHT AND ALL OTHER RIGHTS TO WHICH ARE OWNED BY US.
7. Resume & Promotion.
Unless previously agreed upon in a separate agreement between you and us, if any of the Products are used in the filming or photography, whether in whole or in part, of any theatrical, television or home video motion picture or program, you hereby agree and acknowledge that we shall be entitled to list such production in our catalog/resume and add images of the Products as used therein to our reel, website and/or other promotional material, including advertising and press releases. Notwithstanding the foregoing, without your prior consent, which shall not be unreasonably withheld, we shall not make any public release or announcement of the use of the Products in such production prior to the date when such production is released to the general public.
8. Governing Law and Jurisdiction.
These Terms of Sale (including any Additional Terms) are governed by the laws of the State of California, United States, without regard to its choice of law principles. Subject to Paragraph 8 below, you consent to the jurisdiction and venue of the state courts in Los Angeles County, California, and the federal courts in the Central District of California for all disputes arising out of or relating to access to or the use of the Website; provided, however, that we may enforce its rights and remedies under these Terms of Sale in any appropriate jurisdiction.
(a) YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE, THE WEBSITE AND/OR ANY PRODUCTS SHALL BE FINAL AND BINDING ARBITRATION, except that: (i) to the extent that you have infringed upon or violated or threatened to infringe upon or violate our rights or breached these Terms of Sale, you acknowledge that arbitration will not be an adequate remedy at law and that injunctive or other appropriate relief may be sought by us in court in our sole discretion; and (ii) no dispute or claim relating to any transaction you enter into with a third party may be arbitrated.
(b) The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”). Judgment on the award may be entered in any court having jurisdiction. The location of the arbitration shall be in Los Angeles, California, and the allocation of costs and fees for such arbitration shall be determined in accordance with such JAMS Rules and shall be subject to the limitations provided for in the JAMS Rules. If such costs are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
(c) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU AGAINST OR INVOLVING US BE INSTITUTED MORE THAN ONE (1) YEAR AFTER YOUR CLAIM FIRST ACCRUED OR YOU FIRST BECAME AWARE OR REASONABLY SHOULD HAVE BECOME AWARE OF ANY SUCH CLAIM.
10. Complete Agreement.
These Terms of Sale (together with any Additional Terms) constitute the entire agreement between you and us with respect to the subject matter contained herein.