EFFECTIVE DATE: OCTOBER 18, 2016
Welcome to the stickerbeans.com website (the “Website”). StickerBeans™ is a one-of-a-kind concept in sticker collecting. Collect them, trade them and “bling” your things!!!
The Website is an Internet property of Wishbone Collection LLC (collectively “Wishbone,” “us” “our,” or “we”). Your use of the Website is subject to your agreement with the terms and conditions set forth hereinbelow (the “Agreement”). Please read this Agreement carefully before using the Website. By using the Website, you acknowledge your receipt of, and consent to, this Agreement and any subsequent modifications made hereafter. We may modify this Agreement at any time without prior notice to you. Such modifications shall be deemed effective upon the posting of the modified Agreement at the Website. You agree to periodically review the Agreement made available on the Website in order to remain apprised of any and all subsequent modifications. Your continued use of the Website shall be deemed your conclusive acceptance of the Agreement then in effect.
To utilize the Website and otherwise purchase StickerBean™ products at the Website, you will need to provide us with certain personally identifiable and non-identifiable registration information, which in turn, will create your online account (an “Account”). We reserve the right to collect information about you such as your name, telephone number, email address, date of birth, and method of payment information (collectively, the “PII”). You hereby represent and warrant that the PII you provide in connection with registering your Account is complete and accurate, and that you are authorized to use the method of payment you provide (e.g., credit card, etc.) in connection with your use of the Website. We reserve the right to contact the service provider of your method of payment to conduct periodic security checks. You acknowledge and agree that you may never use another customer’s Account without their prior approval. You also agree to review and update your Account as and when necessary to maintain the most current PII.
All orders for StickerBean™ products made pursuant to this Agreement are subject to availability. We shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, we reserve the right to cancel such orders and refund you for any inappropriate charge. We reserve the right to change product pricing and discounts offered at any time.
IMPORTANT NOTICE ABOUT OUR ADHESIVES: OUR ADHESIVES COME WITH SPECIFIC INSTRUCTIONS ABOUT WHICH SURFACES ARE SUITABLE FOR APPLICATION AND WHICH WILL BE DAMAGED IF YOU ATTEMPT TO REMOVE THE PRODUCT FROM THE SURFACE. SURFACES LIKELY TO BE DAMAGED INCLUDE WALLS, SEALED CONCRETE, WOOD FLOORS, VINYL, LINOLEUM AND CARPET. DAMAGE BY OUR ADHESIVES OR STICKERS TO ANY SURFACE THAT IS NOT RECOMMENDED FOR APPLICATION IS NOT OUR RESPONSIBILITY.
PRICING AND CONTENT INFORMATION
From time to time, we may post pricing information concerning our products. While we strive to provide accurate pricing information, there is always the chance that pricing or typographical errors may occur. Therefore, should an item listed at one of our Website be incorrect, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. While we use best efforts to provide you with great values on the Website and in our vendors’ stores, sometimes a price online might not match the price in one of vendors’ stores. Therefore, there may be circumstances where store pricing will sometimes differ from online prices. Our vendors will not honor Internet pricing or competitor advertisements from outside of a store’s local geographic trade territory, nor will we price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values.
We fulfill all orders directly. Title to StickerBean™ products and risk of loss passes from us to you upon the shipment of your order. The terms of shipment may vary from order to order. You will be notified at the point of purchase as to the applicable shipping charges and taxes, which you will be responsible for paying, and that are applied to your particular individual order. To the extent applicable, we will remit any and all federal, state, sales use and excise taxes related to such orders. Product availability and limitations on orders may vary. Your order must be shipped via our common carrier, UPS. The shipping costs are automatically calculated at the time the order is placed. Prices of our products do not include shipping/handling charges, which vary depending on destination, number of StickerBean™ products ordered and choice of delivery options.
Extreme temperatures (e.g., cold, heat, or humidity) may adversely affect the condition of your StickerBean™ products during transit. We will not replace any products that are damaged by extreme weather conditions during shipment or after delivery to you.
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we will strive to make it right. Just call us at (201) 266-8866 or contact us via e-mail at firstname.lastname@example.org. We may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher. It is possible that your order might be late or worse, not delivered at all. It is also conceivable that your order may be damaged in transit or is incorrect. Nevertheless, we will strive to use our good faith efforts to rectify the issue, subject to all applicable laws.
We strive for accuracy when it comes to describing our products. However, we do not warrant that product descriptions or other content contained on the Website are entirely accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.
WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT STICKERBEAN™ PRODUCTS. IF APPLICABLE, ANY AND ALL CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. OBVIOUSLY, ANY AND ALL CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER’S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY US.
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any products from us for the purpose of engaging in a commercial sale of that same products with a third party.
The Website is available for use only to individuals who can enter into legally binding contracts under applicable law. Notwithstanding the foregoing, the Website is not intended for use by individuals under the age of eighteen (18) and we do not knowingly gather or solicit information from such users. If you are under the age of eighteen (18), you do not have permission to use the Website in any manner whatsoever.
LICENSE GRANT/USE OF SITE
At the Website, you will find information related to our furniture stores. Wishbone hereby grants to you a limited, nonexclusive, nontransferable and revocable license to use the Website and associated content in accordance with this Agreement. Wishbone may terminate this license at any time for any reason.
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or through the Website, by email or telephone, or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, the “Comments”) you grant us a royalty-free, irrevocable, transferable right and license to use the Comments however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are under no obligation to maintain any Comments in confidence, pay to user any compensation for any Comments or respond to any user Comments. You agree that any Comments submitted by you to the Website will not violate the terms of this Agreement or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of SPAM. While we do not regularly review posted Comments, we do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit to the Website. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You may make use of the Website on one computer for your own personal use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, either electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Website content or any portion thereof. We reserve any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on our computer network infrastructure. You may not use the Website to defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or conduct or forward illegal contests, pyramid schemes, or chain letters, publish, post distribute, disseminate or link to any inappropriate, profane, defamatory, infringing, obscene, adult content, nude, or indecent or unlawful topic, name, material or information. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Website.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
™Beans and their associated logos are trademarks or service marks of Wishbone Collection LLC. Third party company names, products, service names and logos used and displayed on our products may be intellectual property owned by third parties. Nothing on our products should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the intellectual property displayed on our products. Using, copying, displaying, distributing, modifying, or reproducing any of our intellectual property or the intellectual property used on our products is strictly prohibited.
Moreover, the content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website is likewise strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website. The posting of information or material at the Website by us does not constitute a waiver of any right in such information and/or materials.
DIGITAL MILLENNIUM COPYRIGHT ACT
There may be occasions where our registered users might post images on our feedback forms or elsewhere. In such limited instances, Wishbone has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). The address of Wishbone’s Designated Agent for copyright takedown notices (“Designated Agent”) is listed below. You may submit a notice under the DMCA using our copyright notice form. If, for whatever reason, you believe that content residing or accessible on or through the Website infringes a copyright, please send a notice of copyright infringement identifying the work or material being infringed and the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence. Please also include your contact information (the “Notifying Party”), including name, address, telephone number, and email address, as well as a statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law. Please know that pursuant to the DMCA, a statement that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner is made under penalty of perjury. You will also need to include a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. Please also note that the information provided in a notice of copyright infringement may be forwarded to the individual or entity who posted the allegedly infringing content if other than Wishbone. After removing material pursuant to a valid DMCA notice, Wishbone will immediately notify such individual or entity responsible for the allegedly infringing material that it has removed or disabled access to the material. Wishbone will terminate, under appropriate circumstances, the accounts of users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any user for actual or apparent copyright infringement. If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Wishbone by providing the following information to the Designated Agent at the address below. Please include your name, address, telephone number, and email address. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Bergen County, New Jersey if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. Please also include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” Lastly, do not forget to sign the statement. Upon receipt of a valid counter-notification, we will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Website.
LINKS TO THIRD PARTY WEBSITES
The Website may contain links to the Internet websites of other third parties (“Third Party Websites”). We are not responsible for the accessibility of these Third Party Websites, their resources, content, products and/or services. Furthermore, we are not responsible for (nor do we endorse) any of the content, advertising, products and/or services, or other materials available on or through any Third Party Websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, by use of, or reliance on, any content, goods and/or services available on or through such Third Party Websites.
You agree to release, indemnify and hold Wishbone, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Website; (ii) your breach of the terms of this Agreement; and/or (iii) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Wishbone, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND/OR ANY PRODUCTS THAT YOU MAY RECEIVE VIA THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WISHBONE MAKES NO WARRANTY THAT: (I) THE WEBSITE AND/OR ANY PRODUCTS THAT YOU MAY RECEIVE VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS: (II) THE WEBSITE AND/OR ANY PRODUCTS THAT YOU MAY RECEIVE VIA THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR ANY PRODUCTS THAT YOU MAY RECEIVE VIA THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND/OR ANY PRODUCTS THAT YOU MAY RECEIVE VIA THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WISHBONE THROUGH OR FROM THE WEBSITE AND/OR ANY PRODUCTS THAT YOU MAY RECEIVE VIA THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WISHBONE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WISHBONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (I) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR ANY PRODUCTS THAT YOU MAY RECEIVE VIA THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR PRODUCTS PURCHASED OR OBTAINED FROM THE WEBSITE, IF ANY, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (IV) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE DATA SUBMITTED TO WISHBONE BY YOU; (V) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND, IF ANY, MADE AVAILABLE ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE WISHBONE FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF WISHBONE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE PRODUCTS PURCHASED AT THE WEBSITE. YOU HEREBY RELEASE WISHBONE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS PARAGRAPGH. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WISHBONE. THE WEBSITE AND THE PRODUCTS PURCHASED BY YOU AT THE WEBSITE, WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
You shall be responsible for obtaining and maintaining all telephone and computer hardware, and any and all other equipment needed for access to, and use of, the Website and all charges related thereto. Any attempt to damage, destroy, tamper with or vandalize the Website, or otherwise interfere with the operation of the Website is a violation of criminal and civil law and Wishbone will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Website. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under this Agreement or otherwise.
This Agreement shall be treated as though it were executed and performed in the State of New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Any dispute relating in any way to your visit to or participation on the Website shall be submitted to confidential arbitration in Bergen County, New Jersey, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any cause of action or claim that you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be time barred. Wishbone may assign its rights and duties under this Agreement to any party at any time without notice to you.
ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS
By submitting your information and agreeing to the terms of this Agreement, you understand and affirm that you are agreeing to be bound by this Agreement and all other agreements and terms and conditions found on the Website by using your electronic signature and that your electronic signature is as legally binding as a physical signature on paper. Furthermore, you are agreeing that you will use an electronic signature to accept electronic records regarding the products located at our vendors’ stores and/or offered by our Website, including, but not limited to, this Agreement. You further agree and consent: (i) to receive agreements, applications, and other information that may be provided or otherwise available to you electronically. Included in those agreements, applications, and other information may be disclosures required by federal, state, and local laws and regulations, where allowed by such laws; (ii) to be bound by the terms and conditions of the agreements, applications, and other information provided to you by us electronically; (iii) to use and receive electronic records and electronic signatures in conducting business with us, including agreeing to the terms of this Agreement; (iv) that to electronically receive agreements, applications, and other information, you will need a compatible operating system, web browser, and email application, and you will need access to a printer or the ability to download information to keep copies of such documents for my records. The operating systems, web browsers, and email applications identified herein are compatible. You furthermore understand that you are indicating that you have the capability to access the agreements, applications, and other information and download or prints copies for your records; (v) for customer service or technical assistance regarding electronic records or electronic signatures, you may contact us by e-mail at customerservice@StickerBeans.com; (vi) you may obtain a paper copy of the agreements, applications, and other information at anytime by contacting us by email at customerservice@StickerBeans.com We will not charge a fee for any paper copy.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT AND THAT BY USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO.
E-mail Customer Service – for website experience, product questions and general feedback/questions.
Wishbone Collection LLC
129 Anderson Avenue
Demarest, NJ 07627
Copyright © 2016, Wishbone Collection LLC. All Rights Reserved.