TERMS OF SERVICE
By using, browsing, and/or accessing blamotoys.com, you have acknowledge that you have read, and understand the terms and conditions of all blamotoys.com applicable policies including but not limited to: Order Processing, Shipping Policy, Returns and Exchange Policy, Payment Policy, Privacy Policy and Terms of Service. Furthermore, you agree to comply with applicable laws and regulations. If you do not agree with these terms, please do not place an order with our website.
ORDER PROCESSING:
BLAMO will process your order within 1-2 days of receiving your complete information.
PAYMENT OPTIONS
Blamotoys.com currently accepts VISA, MASTER CARD, and AMERICAN EXPRESS credit cards. You can safely enter your credit card number via our secure server, which encrypts all submitted information. We DO NOT accept personal checks or money orders.
1. Acceptance
This Agreement constitutes your agreement with BLAMO Toys (dba Heathen) with respect to the blamotoys.com website. You must agree to abide by all of the terms and conditions contained in this Agreement in order to continue viewing or using the Website.
BLAMO reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion. You should visit this page from time to time to review the most current version of these terms and conditions because they are binding on you. Your continued use of the Website after any changes have been made shall be deemed your acceptance of the changes.
2. Changes to the Website
BLAMO may change, suspend or discontinue any aspect of the Website at any time. BLAMO may also impose limits on certain features and services or restrict access to parts, or all, of the Website without notice or liability.
3. Representations and Warranties
You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the Website any materials which:
-Restrict or inhibit any other user from using and enjoying the Website,
-Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent;
-Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;
-Contain a virus or other harmful or potentially harmful component;
-Contain any advertising of any kind; and/or
-Constitute or contain false or misleading indications of origin or statements of fact.
4. No Endorsement
BLAMO neither represents nor endorses the accuracy or reliability of any message, blog, advice, opinion, statement, memorandum, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such message, advice, opinion, statement or information shall be at your sole risk. BLAMO reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. BLAMO shall not have any duty to correct any errors or omissions in any portion of the Website.
5. Limitation of Liability
Under no circumstances including, but not limited to, negligence, shall BLAMO dba HEATHEN be liable for any direct, indirect, special, incidental or consequential damages including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if BLAMO or its authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BLAMO total liability to you for all damages, losses or causes of action exceed one hundred dollars ($100) or the amount of a complete refund for goods or services purchased using the website, whichever is greater.
6. California Law and Jurisdiction
This Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflicts of laws rules. When this Agreement permits litigation, the parties consent to the exclusive jurisdiction of the federal and state courts in San Francisco County, San Francisco.
7. Indemnity
You hereby agree to indemnify, defend and hold BLAMO, and all of its officers, directors, owners, shareholders, agents, employees, information providers, affiliates, licensors and licensees (collectively, harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your breach of this Agreement or the foregoing representations, warranties and covenants including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. BLAMO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In any event, you shall not settle any matter without the written consent of BLAMO.
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