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Terms of Use
Monkey Moments provides
their services to you subject to the following terms, conditions,
and provisions ("Terms and Conditions"). By accessing, viewing,
or using this site, you indicate that you understand and intend
these Terms and Conditions to be the legal equivalent of a
signed, written contract, and you accept and agree to be bound
by these Terms and Conditions.
Monkey Moments reserves the right to change
these Terms and Conditions at any time for any reason, and
your continued use of this site following modifications will
be deemed to constitute acceptance of such modifications.
1 - Copyright. Unless otherwise
indicated, all content on this site, including text, graphics,
images, and logos, is the property of Monkey Moments or its
content suppliers and is protected by United States and international
copyright laws and regulations.
In addition, Monkey Moments owns a copyright
on this site as a collective work or compilation, and in the
selection, coordination, enhancement, and arrangement of the
site's content. Except as expressly provided herein Monkey Moments
does not grant any express or implied right to you. Monkey Moments
actively and aggressively enforces its intellectual property
rights to the fullest extent of the law. The contents of this
site are Copyright © 2007 Monkey Moments. All
rights reserved.
2 -Trademarks. Monkey Moments and other
names, graphics, logos, and icons identifying Monkey Moments
or its products or services are proprietary marks of Monkey Moments.
All other trademarks not owned by Monkey Moments appearing
on this site are the property of their respective owners.
3 - License. These Terms and Conditions provide
you with a personal, revocable, nonexclusive, nontransferable
license to use this site conditioned on your continued compliance
with these Terms and Conditions. You may use this site solely
for your personal, noncommercial use, and you may download
a single copy of the materials from this site only for personal,
noncommercial home use, as long as you agree not to remove
any copyright, trademark, or other proprietary notices from
the materials downloaded. Except as expressly provided herein,
you may not modify, copy, distribute, broadcast, transmit,
reproduce, publish, license, transfer, sell, mirror, frame,
deep link, or otherwise use any information or material obtained
from or through this site without the prior written permission
of the material's owner. As a condition of your use of this
site, you warrant to Monkey Moments that you will not use
this site for any purpose that is unlawful, unauthorized,
or inconsistent with these Terms and Conditions, and you agree
that this license to use the Monkey Moments web site will
terminate immediately upon your violation of this warranty.
Monkey Moments reserves the right to terminate access to
this site and its content at any time, with or without notice,
at our discretion.
4 - Monkey Moments General Disclaimer. WHILE
MONKEY MOMENTS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE
MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PHOTOPGRAPHS,
PRODUCTS, SERVICES AND PRODUCT WEIGHTS AVAILABLE ON THIS SITE
MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED
INFORMATION. MOREOVER, MONKEY MOMENTS, MAY MAKE MODIFICATIONS
OR CHANGES TO THE SITE OR THE INFORMATION, MATERIALS, PRODUCTS,
AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON.
MONKEY MOMENTS IS NOT RESPONSIBLE FOR AND
NEED NOT HONOR TYPOGRAPHICAL, WEIGHT , PHOTOGRAPHIC OR PRICING
ERRORS ON THE SITE; MONKEY MOMENTS RESERVES THE RIGHT TO
REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT LIMITED
TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT DESCRIPTIONS,
ORDERS IN WHICH MONKEY MOMENTS BELIEVES THE CUSTOMER HAS
VIOLATED APPLICABLE LAW, AND ORDERS THAT MONKEY MOMENTS ,
BELIEVES ARE HARMFUL TO MONKEY MOMENTS OR ITS AFFILIATES
OR SITES OPERATING UNDER IT’S CORPORATE “UMBRELLA
. MONKEY MOMENTS ALSO RESERVES THE RIGHT TO LIMIT THE NUMBER
OF ITEMS PURCHASED OR ORDERS PLACED THROUGH THIS SITE.
YOU ASSUME THE SOLE RISK OF MAKING USE OR
RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
AVAILABLE ON THIS SITE. MONKEY MOMENTS, MAKES NO REPRESENTATIONS
ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY,
LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION,
MATERIALS, PHOTOGRAPHS, PRODUCTS, AND SERVICES DESCRIBED OR
CONTAINED IN THIS SITE FOR ANY PURPOSE. EXCEPT AS SET FORTH
IN THE WARRANTY POLICY STATEMENT APPLICABLE TO PRODUCTS SOLD
ON THE MONKEY MOMENTS WEBSITE, ALL INFORMATION, MATERIALS,
PHOTOGRAPHS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. SHOULD ANY DOUBTS ABOUT A PRODUCT
ARISE, WE ENCOURAGE YOU TO CONTACT US DIRECTLY, BY PHONE,
AT (724) 468-0061 OR VIA EMAIL AT laughter@monkeymoments.net.
5 - Submissions. Monkey Moments welcomes your comments
about your experiences shopping with us and your suggestions
about how to improve this site. Any comments, ideas, suggestions,
information, or any other content you contribute to Monkey Moments
or this site (including the name you submit with any content)
will be deemed to include a royalty-free, perpetual, irrevocable,
nonexclusive right and license for Monkey Moments to adopt,
publish, reproduce, disseminate, transmit, distribute, copy,
use, create derivative works from, display worldwide, or act
on such content--without additional approval or consideration--in
any form, media, or technology now known or later developed
for the full term of any rights that may exist in such content,
and you waive any claim to the contrary. You represent and
warrant that you own or otherwise control all of the rights
to the content that you contribute to this site and that use
of your content by Monkey Moments will not infringe upon
or violate the rights of any third party.
6 - Indemnity. You agree to indemnify, defend,
and hold harmless Monkey Moments its affiliates, and all
of their employees, agents, officers, directors, distributors,
partners, proprietors, representatives, shareholders, servants,
attorneys, accountants, predecessors, successors, and assigns
from and against any and all claims, proceedings, damages,
injuries, liabilities, losses, costs, and expenses (including
reasonable attorneys' fees and litigation expenses) relating
to or arising from your use of this site or any breach by
you of these Terms and Conditions.
7 - Applicable Law. This site is created
and controlled by Monkey Moments in the State of Pennsylvania,
U.S.A. The laws of the State of Pennsylvania will govern these
Terms and Conditions (without giving any effect to the principles
of conflicts of laws) as such laws are applied to agreements
entered and to be performed entirely within Pennsylvania between
Pennsylvania residents. Any action to enforce these Terms
and Conditions will be brought in the federal or state courts
presiding in Pittsburgh, Pennsylvania, U.S.A., and all parties
expressly agree to be subject to the jurisdiction of such
courts. This site is controlled and operated by Monkey Moments
from its offices within Pittsburgh, PA, located in the United
States of America. Monkey Moments makes no representation
that materials in this site are appropriate or available for
use in other locations, and access to them from territories
where any of the contents of this site are illegal is prohibited.
Further, Monkey Moments makes no representation that the
products and services available for sale or use on this site
are appropriate or available for use in other locations, and
use or purchase of such products or services from territories
where such purchase or use is illegal is prohibited. If you
choose to access or make purchases from this site from other
locations, you do so on your own volition and are responsible
for compliance with any applicable local laws.
8 - General. In the event that any provision
contained in these Terms and Conditions is held by a court
of competent jurisdiction to be contrary to any law, the remaining
provisions of these Terms and Conditions will remain in full
force and effect. No joint venture, partnership, employment,
or agency relationship exists between you and Monkey Moments
as a result of these Terms and Conditions or your use of this
site. The waiver by Monkey Moments of one breach or default
under these Terms and Conditions shall not constitute the
waiver of any subsequent or other breach or default.
9 - Shipping. Monkey Moments
reserves the right to utilize any major shipping vendor (USPS,
UPS, FedEx, DHL) based on the availability and cost of services.
10 - Return Policy.
Monkey Moments is happy to replace a gift with
another selection, issue a gift certificate or
refund the credit card used for its purchase.
Any and all products which do not meet full customer
satisfaction will be refunded in full upon three
(3) business days following the return of the
product or products to Monkey Moments. All returns
must be made within thirty (30) days of the original
purchase. It is the sole responsibility of the
customer to incur the shipping and handling of
all returned products. If you are returning a
gift because it is damaged, defective or not the
correct product, Monkey Moments will provide
a prepaid USPS return label.
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