eMerchandise Group LLC ("SuperHeroStuff") provides website features and other products and services to you when you visit or shop at SuperHeroStuff.com, or use SuperHeroStuff products or services, (collectively, "SuperHeroStuff Services"). SuperHeroStuff provides the SuperHeroStuff Services subject to the following terms.
By using SuperHeroStuff Services, you agree to these terms. Please read them carefully.
Please review our Privacy Notice, which also governs your use of SuperHeroStuff Services, to understand our practices.
When you use any SuperHeroStuff Service, 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 through the other SuperHeroStuff Services. 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.
All content included in or made available through any SuperHeroStuff Service, such as text, graphics, logos, button icons, and images, is the property of SuperHeroStuff or its content suppliers and protected by United States and international copyright laws. All content included in or made available through any SuperHeroStuff Service is the exclusive property of SuperHeroStuff and protected by U.S. and international copyright laws.
RIGHTS AND ACCESS
No SuperHeroStuff Service, nor any part of any SuperHeroStuff Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SuperHeroStuff. You may not frame or utilize framing techniques to enclose any logo or other proprietary information of SuperHeroStuff without express written consent. You may not use any meta tags or any other "hidden text" utilizing SuperHeroStuff’s name without the express written consent of SuperHeroStuff. You may not misuse the SuperHeroStuff Services. You may use the SuperHeroStuff Services only as permitted by law. The rights granted by SuperHeroStuff terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR USE OF OUR SITE
If you use any SuperHeroStuff Service, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your browsing session. SuperHeroStuff does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the SuperHeroStuff Services only with involvement of a parent or guardian. SuperHeroStuff reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
REVIEWS AND OTHER CONTENT
Visitors may post reviews and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain political campaigning or commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. SuperHeroStuff reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant SuperHeroStuff a nonexclusive, royalty-free, perpetual, and irrevocable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. You grant SuperHeroStuff the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SuperHeroStuff for all claims resulting from content you supply. SuperHeroStuff has the right but not the obligation to edit or remove any content. SuperHeroStuff takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from SuperHeroStuff 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.
RETURNS, REFUNDS AND TITLE
SuperHeroStuff 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, SuperHeroStuff does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
SuperHeroStuff attempts to be as accurate as possible. However, SuperHeroStuff does not warrant that product descriptions or other content of any SuperHeroStuff Service is accurate, complete, reliable, current, or error-free. If a product offered by SuperHeroStuff itself is not as described, your sole remedy is to return it in unused condition.
We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our inventory may be mispriced. If the correct price of an item sold by SuperHeroStuff is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SUPERHEROSTUFF SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SUPERHEROSTUFF SERVICES ARE PROVIDED BY SUPERHEROSTUFF ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN SUPERHEROSTUFF. SUPERHEROSTUFF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SUPERHEROSTUFF SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SUPERHEROSTUFF SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SUPERHEROSTUFF SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUPERHEROSTUFF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. SUPERHEROSTUFF DOES NOT WARRANT THAT THE SUPERHEROSTUFF SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SUPERHEROSTUFF SERVICES, SUPERHEROSTUFF'S SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUPERHEROSTUFF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SUPERHEROSTUFF SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SUPERHEROSTUFF SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
By using any SuperHeroStuff Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SuperHeroStuff.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of SuperHeroStuff Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Last updated: May 2013