These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of beastlabtoys.com and any related services provided by Beast Lab® Toys (“us”, “we”, or “our”). By accessing our website, purchasing products, or using our services, you agree to be legally bound by these Terms. If you do not agree to these Terms, do not use this website.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you explicitly agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of the services.
1. Online Store Terms
By placing an order through our online store, you agree to the following terms:
Account Registration: You may need to create an account to place an order or access certain features. You agree to provide accurate information during signup and keep your account details current.
Order Process: Our store checkout describes the ordering process in detail. You agree to submit legitimate orders and have the legal capacity under applicable law to enter into contracts.
Prices: Prices for products are quoted in the specified currency and include applicable sales tax and shipping costs. We reserve the right to change prices at any time.
Promotions: Promo codes, discounts, or other special offers are limited time offers valid while supplies last. Offers are subject to specific terms that will be made available upon checkout.
Accuracy: We attempt to be as accurate as possible with product descriptions, pricing, availability, etc. but errors may occur. We reserve the right to correct errors as needed.
Product Availability: Inventory is not guaranteed. Products showing available inventory may sell out before you complete your purchase.
Shipping: You agree to pay applicable shipping charges shown during checkout. We ship products using carrier and service selected at checkout. Shipping dates are estimates only.
Returns: Please review our return policy posted on the website. It governs items you may return, conditions, timeline, refund eligibility, and process.
Payments: All payments are processed by secure third party payment processors. You must pay with a valid payment method associated with you. Taxes and other charges are your responsibility.
Account Access: You are responsible for maintaining the confidentiality of your account access credentials and for restricting access to devices used to access accounts. Any activity through your account is your responsibility. Notify us immediately of any unauthorized use.
Communication: You agree to receive emails, texts, and other electronic communications from us related to orders, shopping experience, surveys, and marketing. You may opt out of non-transactional communications.
2. Acceptable Use Policy
You agree not to misuse our website or services. Specifically, you agree not to:
- Attempt to interfere with or breach the security of the site, accounts, servers, networks, or any devices connected to the site.
- Attempt to interfere with the proper functioning of the site such as by uploading viruses, worms, spyware, corrupted files, denial of service attacks, or running any automated data collection or extraction tools.
- Post or distribute marketing or advertising content, spam, chain letters, pyramid schemes, malware, or similar items.
- Impersonate any person or entity or provide false information to misrepresent your identity or affiliation.
- Violate the rights of others including infringing any copyright, trademark, patent, or other intellectual property right.
- Upload or distribute content that is illegal, abusive, obscene, pornographic, racist, hateful, violent, discriminatory, defamatory or otherwise objectionable.
- Violate the rights of others including their privacy, confidentiality, reputation, or other legally protected interests.
- Engage in harassing, threatening, stalking, spamming or other such misconduct targeted at us or anyone else.
Any violation of this policy may lead to account suspension, termination, or blocking access to the site at our discretion. We reserve the right to refuse service and remove any content at any time without notice.
3. User Content
We may allow you to post content to our website such as comments, photos, videos, ratings, reviews, etc. Any content submitted or posted represents your views alone and not those of Beast Lab Toys. You are solely responsible for all user content you submit or post.
By submitting user content, you grant us a worldwide, royalty-free, irrevocable license to reproduce, distribute, create derivative works from, publicly display, disclose, and otherwise use your content in any manner for the duration of applicable copyright and related rights.
You represent and warrant you have all rights necessary to grant us this license. You also represent and warrant user content is original to you, truthful, accurate, non-misleading, non-infringing, non-defamatory, legal, and does not violate anyone’s privacy rights or intellectual property rights.
We may remove or refuse to distribute any user content at any time without notice or liability. We have no obligation to retain copies, monitor, or return your content. We obtain perpetual rights while your original ownership remains unchanged.
4. Intellectual Property Rights
Our website and its content are protected by copyright, trademark, and other laws of the United States and other countries. You acknowledge our intellectual property rights and agree to respect them. You have limited, non-exclusive, non-transferable, revocable permission to access and use our site and services for personal use only as intended. Use or copying of content for any other purposes without our prior written consent is prohibited.
Our name, logo, and any related names, logos, or images used in connection with our products and services are recognized trademarks owned by us. You may not use, copy or imitate them without our prior written consent. This website does not grant any license or right to use any trademark without express written permission to do so.
5. Disclaimers
Your access to and use of this website and our products and services is at your own risk. Products sold through this site are provided on an “as is” basis without warranties of any kind, either expressed or implied.
We expressly disclaim all warranties including warranties of fitness for particular purpose, merchantability, non-infringement, and any warranties regarding availability, accuracy, or completeness of information. We do not warrant products will meet your needs or expectations.
While we aim for a smooth shopping experience, we do not warrant against errors, defects, interruptions in service, or website downtime. Our website and services are provided “as available” without warranty of any kind.
Any damage to electronic devices arising from use of this website is the sole responsibility of end users. We are not liable for viruses, data corruption, delays, errors, losses, damages, costs, or expenses arising from use of this site.
Nothing on this website should be construed as professional advice. We make no representations or warranties concerning the accuracy or reliability of any advice, statement, or other content on or linked to by this website.
6. Limitation of Liability
In no event shall Beast Lab Toys, its directors, officers, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever arising out of or related to your access, use, or inability to access or use our website or services, however caused, regardless of the theory of liability and even if we have been advised of the possibility of such damages.
These limitations shall apply regardless of whether the damages arise from use or misuse of the services, from inability to use the services, or from any information, interaction, or content available on or through the services.
These limitations shall apply to the fullest extent allowed by law in the applicable jurisdiction. Some states or countries do not allow exclusion or limitation of liability, so the above limitations may not fully apply. In such states liability is instead limited to the minimum extent required by law.
7. Indemnification
Upon request, you agree to defend, indemnify, and hold harmless Beast Lab Toys, its affiliates, officers, directors, employees, and agents from any liabilities, losses, claims, and expenses (including reasonable attorneys fees) that arise from your misuse of this website or breach of these Terms.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you at your expense. You agree not to settle any matters without our prior written consent.
8. Termination
We reserve the right to terminate your access to the website at our sole discretion without notice and liability for any reasons deemed in good faith to be a violation of these Terms and Conditions. Upon termination, any permissions, licenses, and indemnities granted by you will survive.
9. Dispute Resolution
Any controversy or claim arising out of or related to these Terms shall be resolved exclusively in the courts located in Los Angeles County, California. You agree to submit to the personal jurisdiction and venue of these courts regardless of your location. The laws of the State of California will govern these Terms and any claims.
In any dispute except for those involving intellectual property rights, the prevailing party shall be entitled to attorneys’ fees and costs. For intellectual property disputes, attorneys’ fees and costs will be awarded to the prevailing party only if authorized by statute.
10. Class Action Waiver
You agree that any disputes will be resolved solely between you and us individually. There shall be no right for any dispute to be brought, heard, decided, or arbitrated as a class action or private attorney general action. You also waive any right for a class action dispute to be heard privately or confidentially.
The enforceability of this class action waiver shall be determined exclusively by a court and not by the arbitrator. If for any reason the class action waiver is deemed unenforceable, then the agreement to arbitrate will not apply.
11. Severability
If any provision of these Terms is found invalid or unenforceable by court of competent jurisdiction, the provision will be severed from these Terms and the remaining Terms will remain in full force. Failure to act with respect to a breach does not waive the right to act with respect to subsequent breaches.
12. Modifications
We reserve the right to modify these Terms from time to time. Updated versions will be provided on this website page and are effective immediately upon posting. Please check this page periodically for updates. Continued use of services after updates constitutes acceptance. For significant changes, we may also elect to provide separate notification.
13. Entire Agreement
These Terms constitute the entire agreement between you and Beast Lab Toys related to use of this website and services. They supersede any prior agreements or communications. Our failure to exercise or enforce rights does not constitute a waiver of such rights.
14. Contact Us
Please contact us with any questions or concerns regarding these Terms and Conditions and our policies.
Beast Lab® Toys
Terms and Conditions
123 Beast Lab Lane
Wildwood, CA 90210
Email: [email protected]