Welcome to the Funtasylands.com website,
RAF PARTY LLC provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any Site service (e.g.,
Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. RAF PARTY LLC reserves the right to change this Site and these terms and conditions at any time. You agree to check back often to see if the terms have changed. Any changes to this Agreement will be posted on this page, and a notice will be posted on the Site and/or sent via email. All changes will become effective five (5) business days after notice is given. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, RAF PARTY LLC hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by RAF PARTY LLC in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by RAF PARTY LLC in writing.
Funtasylands reserves the right to refuse service, terminate accounts, refuse to apply promotion and/or coupon codes, and/or cancel orders at its discretion, including, without limitation, if RAF PARTY LLC believes that customer conduct violates applicable law or is harmful to RAF PARTY LLC’ interests.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. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RAF PARTY LLC. 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 RAF PARTY LLC without express written consent. You may not use any meta tags or any other “hidden text” utilizing FuntasylandsS’ name or trademarks without the express written consent of RAF PARTY LLC.
Any unauthorized use terminates the permission or license granted by RAF PARTY LLCS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of funtasylands.com so long as the link does not portray RAF PARTY LLC, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any RAF PARTY LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of RAF PARTY LLC. Product representations expressed on this Site are that of the vendor and are not made by RAF PARTY LLC.
RAF PARTY LLC may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and RAF PARTY LLC has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED.
BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify RAF PARTY LLC of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Funtasylands, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and RAF PARTY LLC shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, or create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the property of Funtasylands and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant RAF PARTY LLC the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by RAF PARTY LLC will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead RAF PARTY LLC or third parties as to the origin of any Submissions or Content. RAF PARTY LLC may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to RAF PARTY LLC or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to RAF PARTY LLC. All software used on this Site (the “Software”) is the property of RAF PARTY LLC or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws.
Funtasylands.com, FUNTASYLANDS, RAF PARTY LLC, Bring Out the Halloween in You, the web’s most popular costume store!, and other logos, slogans, trade names or words are registered trademarks,trademarks or service marks of RAF PARTY LLC, its suppliers, or third parties. The use of any RAF PARTY LLC trademark or service mark without RAF PARTY LLC’ express written consent is strictly prohibited. You may not use any RAF PARTY LLC trademark or service mark in connection with any non – RAF PARTY LLC product or service or in any way that is likely to cause confusion. You may not use RAF PARTY LLC’ trademarks or service marks in any manner that disparages or discredits RAF PARTY LLC, Funtasylands.com, or any of its subsidiaries or affiliates. You may not use any of the RAF PARTY LLC trademarks or service marks in meta tags without the prior explicit consent of RAF PARTY LLC.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon RAF PARTY LLC’ delivery of the items to the carrier pursuant to Funtasylands standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, RAF PARTY LLC 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 RAF PARTY LLC 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.
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.
DISCLAIMER AND LIMITATION OF LIABILITY EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAF PARTY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. RAF PARTY LLC DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAF PARTY LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAF PARTY LLC’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO RAF PARTY LLC DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO RAF PARTY LLC’ LIABILITY. 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.
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, RAF PARTY LLC shall have the right to refuse or cancel any orders placed for product(s) listed at the incorrect price. RAF PARTY LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, RAF PARTY LLC shall immediately issue a credit to your credit card account in the amount of the charge.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that RAF PARTY LLC is not responsible for the operation of or content located on or through any such site.
RAF PARTY LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our firstname.lastname@example.org with the title Copyright Infringement.
You agree that RAF PARTY LLC’ remedy at law for any actual or threatened breach of this Agreement would be inadequate and that RAF PARTY LLC shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that RAF PARTY LLC may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of RAF PARTY LLC shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees and expenses. No instance of waiver by RAF PARTY LLC of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
fees. In the event of any controversy or dispute between RAF PARTY LLC and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
If any these provisions or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision or condition.
Please send any questions or comments (including all inquiries unrelated to copyright infringement)
regarding this Site to:
555 Winderley Place
Maitland 32751, Florida