Welcome to the website, www.thecollectible.store (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Terms”). Access to and use of the Site is conditioned upon acceptance of and compliance with these Terms. By accessing the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, then you do not have permission to access the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract or have the consent of a parent or guardian who is of legal age.
When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you create an account on our Site, you represent and warrant that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. We reserve the right to refuse service or terminate accounts in our sole discretion.
By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer or account. You may not share your account, username, or password with any other party or use the account, username, or password of any other party. You will be solely responsible for all activities undertaken and all obligations made by you or through your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
To the extent that the Site allows you to link your account to any social networking or other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information.
SMS/MMS MOBILE MESSAGE MARKETING
User Opt In: The Program allows Users to receive SMS/MMS mobile messages
by affirmatively opting into the Program, such as through online or
application-based enrollment forms. Regardless of the opt-in method you utilized
to join the Program, you agree that this Agreement applies to your participation in
the Program. By participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number associated with
your opt-in, and you understand that consent is not required to make any
purchase from Us. While you consent to receive messages sent using an
autodialer, the foregoing shall not be interpreted to suggest or imply that any or
all of Our mobile messages are sent using an automatic telephone dialing system
(“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no
longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of
the Program. You may receive an additional mobile message confirming your
decision to opt out. You understand and agree that the foregoing options are the
only reasonable methods of opting out. You also understand and agree that any
other method of opting out, including, but not limited to, texting words other than
those set forth above or verbally requesting one of our employees to remove you
from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile
telephone number that has been used to subscribe to the Program, including
canceling your service plan or selling or transferring the phone number to
another party, you agree that you will complete the User Opt Out process set
forth above prior to ending your use of the mobile telephone number. You
understand and agree that your agreement to do so is a material part of these
terms and conditions. You further agree that, if you discontinue the use of
your mobile telephone number without notifying Us of such change, you
agree that you will be responsible for all costs (including attorneys’ fees)
and liabilities incurred by Us, or any party that assists in the delivery of the
mobile messages, as a result of claims brought by individual(s) who are
later assigned that mobile telephone number. This duty and agreement shall
survive any cancellation or termination of your agreement to participate in any of
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US
HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR
FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE
PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR
SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS
PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO
CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt
into the Program can expect to receive messages concerning the marketing and
sale of apparel, accessories, bags, training, educational resources, and other personal effects.
Cost and Frequency: Message and data rates may apply. The Program
involves recurring mobile messages, and additional mobile messages may be
sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to
the number you received messages from. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if
your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and
may not be available in all areas at all times and may not continue to work in the
event of product, software, coverage or other changes made by your wireless
carrier. We will not be liable for any delays or failures in the receipt of any mobile
messages connected with this Program. Delivery of mobile messages is subject
to effective transmission from your wireless service provider/network operator
and is outside of Our control. We are not liable for delayed or undelivered
Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone
providers carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and
have your parent’s or legal guardian’s permission to use or engage with the
Platform, or are of adult age in your jurisdiction. By using or engaging with the
Platform, you also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing,
or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness,
violence, bigotry, hatred, and discrimination on the basis of race, sex, religion,
nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other
- Any product, service, or promotion that is unlawful where such product,
service, or promotion thereof is received;
- Any content that implicates and/or references personal health information
that is protected by the Health Insurance Portability and Accountability Act
(“HIPAA”) or the Health Information Technology for Economic and Clinical Health
Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction
from which the message is sent.
By placing an order with us for any product or service made available through the Site, you represent and warrant that (i) you have the legal right to use the payment method provided, (ii) you are of legal age and capacity to form a binding contract, and (iii) all information you provide to us in connection with such order is true, accurate, and complete.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per IP address, per billing information, per postal address, per credit card or per order. If we make a change to or cancel an order, we will attempt to notify you. We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All features, specifications, products, prices, discounts, promotions, and offers described on our Site are subject to change at any time, without notice. We have made every effort to accurately display our products, but images on the Site may not exactly match the actual product. All prices displayed on the Site are in U.S. dollars unless otherwise noted. We will add applicable sales taxes and shipping fees as necessary. The risk of loss and title for products purchased pass to you upon our delivery of the products to the carrier.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
RIGHT TO CHANGE THE SITE
We reserve the right to modify or suspend the Site, or any service, content, feature or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof.
ACCESS TO AND USE OF THE SITE
You agree to access or use the Site solely for legal purposes as allowed by these Terms. Amongst other things, you agree not to:
- hack into the Site, or modify another website so as to falsely imply that it is associated or affiliated with the Site;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
- access or attempt to access any password-protected, secure or non-public areas of the Site without our express permission.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (“TM Content”), are owned, controlled or licensed by T0YCO LLC. The T0YCO brand name and its circular mark logo are registered trademarks of T0YCO LLC. The Site and the TM Content are intended solely for personal, non-commercial use. You may download or copy the TM Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded TM Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the TM Content or the Site.
Any third-party content, products, or services posted on, transmitted through, or linked from the Site are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES.
CONTENT YOU PROVIDE
Our Site allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Site.
The Site is publicly viewable and you should have no expectation of privacy or confidentiality in any User Content you post. You agree that any User Content you post will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
By submitting User Content to the Site, you grant, and you represent and warrant that you have the right to grant and hereby do grant, T0YCO, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any attribution or compensation to you. If you do not want us to use your User Content, please do not post it to the Site. We maintain the right, but not the obligation, to monitor and edit all User Content posted on the Site.
All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of T0YCO or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of T0YCO and is protected by U.S. and international copyright laws.
We respect intellectual property rights and will remove or disable access to any material on the Site that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Site violates your copyright, please provide our copyright agent with the written information specified below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You shall defend, indemnify, and hold harmless, T0YCO, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, agents, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Site; (ii) violation of these Terms; (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or (iv) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL CUSTOMER ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
RISK OF LOSS
All items purchased from the Site 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 (USPS, UPS, FEDEX).
RETURNS, REFUNDS AND TITLE
The Site does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, The Site does not take title to the refunded item.
PRODUCT DESCRIPTIONS AND PRICING
The Site attempts to be as accurate as possible. However, the Site does not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in brand new, unopened, unused and resaleable condition.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, the Site shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your PayPal and/or credit card has already been charged for the purchase and your order is canceled, your payment method will be refunded in the amount of the charge within 7-14 business days. (This is dependent on how long it takes PayPal and/or your bank to process the refund back to your account and statement.)
DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES
THE SITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE.
T0YCO its subsidiaries, affiliates, and its licensors do not warrant that: a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
In no event shall T0YCO, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use ,or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
GENERAL LEGAL PROVISIONS
These Terms are governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Orange, California, U.S.A., for all disputes arising out of or relating to accessing or using the Site. Access to or use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved.