Terms of Use

Please carefully read the following Terms of Use before using the myfruityfaces.com Website (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

Transactions
We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

Copyright
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of My Fruity Faces LLC and myfruityfaces.com or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of My Fruity Faces, LLC and myfruityfaces.com and protected by U.S. and international copyright laws. All software used on the Site is the property of My Fruity Faces, LLC and myfruityfaces.com or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site, is strictly prohibited.

By submitting copy/text for personal use My Fruity Faces hereby disclaims any liability for compliance with such laws in the use of the costumer’s copy or material.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from myfruityfaces.com infringe your copyright, you may request removal of those materials (or access to them) from myfruityfaces.com by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Your name, mailing address, telephone number, and email address;
  • A statement by you that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Copyright Agent
My Fruity Faces, LLC Legal Department
2400 N. Lincoln Ave.
Altadena, CA 91001
Phone: (877) 358-9210
Fax: (818) 530-4224
support@myfruityfaces.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on myfruityfaces.com is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Trademarks
All trademarks, logos, service marks and trade names are proprietary to My Fruity Faces, LLC, myfruityfaces.com or other respective owners that have granted the Site the right and license to use such intellectual property.

Disclaimer
The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics, and links, are provided on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, My Fruity Faces, LLC, myfruityfaces.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, My Fruity Faces, LLC, myfruityfaces.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Information
Most products displayed on the Site are available at myfruityfaces.com and at retail stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores and vice versa. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.

Links to Other Websites and Services
This Site may contain links to Web sites other than our own. My Fruity Faces, LLC and myfruityfaces.com do not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. My Fruity Faces, LLC and myfruityfaces.com do not control the content of these sites and takes no responsibility for their content, nor should it be implied that My Fruity Faces, LLC and myfruityfaces.com endorses or otherwise recommends such sites or the products or services offered.

Limitation on Liability
IN NO EVENT SHALL MY FRUITY FACES, LLC, MYFRUITYFACES.COM OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF MYFRUITYFACES, LLC, AND MYFRUITYFACES.COM HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Applicable Law
The laws of the State of California will govern these Terms of Use without giving effect to any principles of conflict of law.
Last modified: October 20, 2016