Last updated on November 12, 2007
Onestop Internet, Inc. ("Onestop") operates this web site ("shop.paulfrank.com")
pursuant to agreements with Paul Frank Industries, Inc. ("Paul Frank").
Paul Frank and Onestop are hereinafter referred to as "we" or
"us".
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB
SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE
OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS
AND CONDITIONS, DO NOT USE THIS WEB SITE. PLEASE ALSO READ OUR PRIVACY
POLICY WHICH ALSO GOVERNS YOUR USE OF THIS WEB SITE.
• Products, Content and Specifications. All features, content, specifications,
and products and prices of products and services described or depicted
on this Web Site are subject to change at any time without notice. All
weights, measures and similar descriptions are approximate and are provided
for convenience purposes only. We make all reasonable efforts to accurately
display the attributes of our products, including the applicable colors;
however, the actual color you see will depend on your computer system
and we cannot guarantee that your computer will accurately display such
colors. The inclusion of any products or services in this Web Site at
a particular time does not imply or warrant that these products or services
will be available at any time. It is your responsibility to ascertain
and obey all applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and sale of
any item purchased from this Web Site. By placing an order, you represent
that the products ordered will be used only in a lawful manner. All videocassettes,
DVDs and similar products sold are for private, home use (where no admission
fee is charged), may not be publicly performed or displayed, and may not
be duplicated.
• Shipping Limitations. When an order is placed, it will be shipping
to an address designated by the purchaser as long as that shipping address
is compliant with the shipping restrictions contained on this Web Site.
All purchases from this Web Site are made pursuant to a shipment contract.
As a result, risk of loss and title for items purchased from this Web
Site pass to you upon delivery of the items to the carrier. You are responsible
for filing any claims with carriers for damaged and/or lost shipments.
• Accuracy of Information. We attempt to ensure that information
on this Web Site is complete, accurate and current. Despite our efforts,
the information on this Web Site may occasionally be inaccurate, incomplete
or out of date. We make no representation as to the completeness, accuracy
or currentness of any information on this Web Site. For example, products
included on the Web Site may be unavailable, may have different attributes
than those listed, or may actually carry a different price than that stated
on the Web Site. In addition, we may make changes in information about
price and availability without notice. While it is our practice to confirm
orders by email, the receipt of an email order confirmation does not constitute
our acceptance of an order or our confirmation of an offer to sell a product
or service. We reserve the right, without prior notice, to limit the order
quantity on any product or service and/or to refuse service to any customer.
We also may require verification of information prior to the acceptance
and/or shipment of any order.
• Use of this Web Site. The Web Site design and all text, graphics,
information, designs, logos, content, and other material displayed on
or that can be downloaded from this Web Site are either the property of,
or used with permission by, Paul Frank and/or Onestop and are protected
by U.S. and International copyright, trademark and other laws and may
not be used except as permitted in these Terms and Conditions or with
the prior written permission of the owner of such material. You may not
modify the information or materials located on this Web Site in any way
or reproduce or publicly display, perform, or distribute or otherwise
use any such materials for any public or commercial purpose. All software
used on this site is the property of Paul Frank and/or Onestop or our
software suppliers and is protected by U.S. and International copyright
laws. Any unauthorized use of any such information or materials may violate
copyright laws, trademark laws, laws of privacy and publicity, and other
laws and regulations. You are responsible for maintaining the confidentiality
of your account information and password and for restricting access to
such information and to your computer. You agree to accept responsibility
for all activities that occur under your account or password.
• Electronic Communications. When you visit this site or send emails
to us, you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
email 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.
You agree that we may send email to you for the purpose of advising you
of changes or additions to this site, about any of our products or services,
or for such other purposes as we deem appropriate.
• International 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.
• Trademarks. Certain trademarks, trade names, service marks and
logos used or displayed on this Web Site are registered and unregistered
trademarks, trade names and service marks in the U.S. and other countries
of us and our affiliates. Other trademarks, trade names and service marks
used or displayed on this Web Site are the registered and unregistered
trademarks, trade names and service marks of their respective owners.
Nothing contained on this Web Site grants or should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any
trademarks, trade names, service marks or logos displayed on this Web
Site without our written permission or the written permission of such
third party owner.
• Linking to this Web Site. Creating or maintaining any link from
another Web site to any page on this Web Site without our prior written
permission is prohibited. Running or displaying this Web Site or any material
displayed on this Web Site in frames or through similar means on another
Web site without our prior written permission is prohibited. Any permitted
links to this Web Site must comply with the terms and conditions of our
permission as well as all applicable laws, rule and regulations.
• Third Party Links. From time to time, this Web Site may contain
links to Web sites that are not owned, operated or controlled by us or
our affiliates. All such links are provided solely as a convenience to
you. If you use these links, you will leave this Web Site. Neither we
nor any of our affiliates are responsible for any content, materials or
other information located on or accessible from any other Web site. Neither
we nor any of our affiliates endorse, guarantee, or make any representations
or warranties regarding any other Web site, or any content, materials
or other information located or accessible from such Web sites, or the
results that you may obtain from using such Web sites. If you decide to
access any other Web site linked to or from this Web Site, you do so entirely
at your own risk.
• Inappropriate Material. You are prohibited from posting or transmitting
any unlawful, threatening, defamatory, libelous, obscene, pornographic
or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense or give rise to civil
liability, or otherwise violate any law. In addition to any remedies that
we may have at law or in equity, if we reasonably determine that you have
violated or are likely to violate the foregoing prohibitions, we may take
any action we reasonably deem necessary to cure or prevent the violation,
including without limitation, the immediate removal from this Web Site
of the related materials. We will fully cooperate with any law enforcement
authorities or court order or subpoena requesting or directing us to disclose
the identity of anyone posting such materials.
• User Information. Other than personally identifiable information,
which is subject to this Web Site's Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments
or other communication you transmit or post to this Web Site in any manner
("User Communications") is and will be considered non-confidential
and non-proprietary. We, each of our affiliates and/or our designees may
use any or all User Communications for any purpose whatsoever, including,
without limitation, reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner whatsoever
for any or all commercial or non-commercial purposes, without payment
of any consideration to you. We may, but are not obligated to, monitor
or review any User Communications. We shall have no obligation to use,
return, review, or respond to any User Communications. We will have no
liability related to the content of any such User Communications, whether
or not arising under the laws of copyright, libel, privacy, obscenity,
or otherwise. We retain the right to remove any or all User Communications
that includes any material we deem inappropriate or unacceptable.
• Warranty Information. Some items on our website have a manufacturer's
warranty, which is noted in the product description. Manufacturer's warranties
are provided by the manufacturer of the product and not by Paul Frank
and/or Onestop. The manufacturer is responsible for all warranty coverage,
repair, servicing and defects. To obtain a written warranty for any of
these items, send a specific written request to our Customer Service Department.
• DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS
AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE.
THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE,
AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES
ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS
OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS
AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS
AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM
ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES
TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL
TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS
• LIMITATIONS OF LIABILITY. We assume no responsibility, and shall
not be liable for, any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising from
your access to, use of, or browsing this Web Site or your downloading
of any materials, from this Web Site. IN NO EVENT WILL WE, OUR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS,
AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN
THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO
ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO
THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT
ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF
ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR
THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM
THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE
WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND
REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND
REFUNDS POLICIES POSTED ON THIS WEB SITE.
• Revisions to these Terms and Conditions. We may revise these Terms
and Conditions at any time and from time to time by updating this posting.
You should visit this page from time to time to review the then current
Terms and Conditions because they are binding on you. Certain provisions
of these Terms and Conditions may be superseded by expressly designated
legal notices or terms located on particular pages at this Web Site.
• Choice of Law; Jurisdiction. These Terms and Conditions supersede
any other agreement between you and us to the extent necessary to resolve
any inconsistency or ambiguity between them. These Terms and Conditions
will be governed by and construed in accordance with the State and Federal
laws of the State of California, without giving effect to any principles
of conflicts of laws. A printed version of these Terms and Conditions
shall be admissible in judicial and administrative proceedings based upon
or relating to these Terms and Conditions to the same extent and subject
to the same conditions as other business documents and records originally
generated and maintained in printed form.
• Indemnification. You agree to defend, indemnify and hold Paul
Frank and Onestop harmless from and against any and all claims, damages,
costs and expenses, including attorneys' fees, arising from or related
to your use of the Site.
• Termination. You or we may suspend or terminate your account or
your use of this Web Site at any time, for any reason or for no reason.
You are personally liable for any orders that you place or charges that
you incur prior to termination. We reserve the right to change, suspend,
or discontinue all or any aspect of this Web Site at any time without
notice.
• Additional Assistance. If you do not understand any of the foregoing
Terms and Conditions or if you have any questions or comments, we invite
you to call our Customer Service Department.
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