TERMS OF USE
TERMS AND CONDITIONS
Last updated: August 15, 2022
Please read these terms and conditions carefully before using Our Service.
INTERPRETATION AND DEFINITIONS
Interpretation
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The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
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For the purposes of these Terms and Conditions:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Guerilla Media Inc. Located in Vancouver, BC Canada.
- “Country” refers to: British Columbia, Canada
- “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- “Goods” refer to the items offered for sale on the Service.
- “Orders” mean a request by You to purchase Goods from Celebrity Cardpacks Inc.
- “Promotions” refer to contests, sweepstakes or other promotions offered
through the Service. - “Service” refers to the Website.
- “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- “Website” refers to celebritycardpacks.com, accessible from https://Fanzster.com
- “You” means the individual accessing or using the Service in any capacity, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACKNOWLEDGMENT
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
PLACING DONATION FOR ENTRY
By placing a donation for entry in a draw, You warrant that You are legally capable of entering into binding contracts and that you agree to be bound at all times, and without exception, to these Terms and Conditions.
Your Information
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If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Donation Refund
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All donation are non-refundable.
Order Policy
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You agree that prior to donating, any purchase through the Service are final sale and cannot be refunded under any circumstances whatsoever, unless and only by prior written approval of the Company.
Draw Description
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We are constantly updating Our draws. The draws available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our draws and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and outcome. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
You agree to donate and accept any outcomes or lack thereof.
Prices Policy
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The Company reserves the right to revise its prices at any time prior to accepting a donation. The prices quoted may be revised by the Company subsequent to accepting a donation in the event of any occurrence affecting delivery caused by government action, higher foreign exchange costs and any other matter beyond the control of the Company.
Payments
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All donations are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
PROMOTIONS
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
USER ACCOUNTS
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so onstitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive
property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
YOUR FEEDBACK TO US
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
TERMINATION
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, You agree, by using the Services in any manner, that the entire liability of the Company and any of any of its suppliers at no time exceed the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to Your use of or inability to use the Service, third-party software and/or third-party hardware used by/with the Service, or otherwise in connection with any provision of these Terms and Conditions). Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law. “AS IS” AND “AS AVAILABLE”
DISCLAIMER
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The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
(ii) that the Service
will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
(iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
GOVERNING LAW
Regardless, of the effect or performance of these Terms and Conditions, or of any fact or circumstances regarding You and/or the Company, the provisions of these Terms and Conditions are and shall be exclusively governed by and construed in accordance with the laws of the province of British Columbia and the laws of Canada applicable therein. You and the Company irrevocably attorn to the jurisdiction of the Courts of the Province of British Columbia, Canada.
DISPUTES RESOLUTION
If You have any concern or dispute about the Service, You agree to resolve any dispute or alleged dispute informally by contacting the Company without delay.
FOR EUROPEAN UNION (EU) USERS
If You are a European Union consumer, you may benefit from any mandatory provisions of the law of the country in which you are resident in.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SEVERABILITY AND WAIVER
Severability
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If any provision(s) of these Terms and Conditions is/are held to be unenforceable or invalid, such provision(s) will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and all remaining provisions will continue with full force and effect.
Waiver
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Except as provided herein, the failure of Company to exercise a right or to require performance of an obligation by You under these Terms and Conditions shall not effect Company’s ability to exercise its rights at any time thereafter nor shall any waiver by Company of any breach by You constitute a waiver by Company of any subsequent breach by You.
TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of any dispute.
MODIFICATION OF CONDITIONS
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We reserve the right, at Our sole and absolute discretion, to modify or replace any of these Terms and Conditions at any time. If a revision is material, We will make reasonable efforts to provide at least 10 days’ notice prior to any new Terms and Conditions taking effect. What constitutes a material change will be determined in Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by all Terms and Conditions in their entirety as revised. If You do not agree to any new Term and Conditions, in whole or in part, You agree that You will immediately stop using the Website and the Service.
CONTACT US
If you have any questions about these Terms and Conditions, You can contact
us:
- By email: Support@fanzster.com