Terms and Conditions

 

MONKEY BUSINESS SPORTS TERMS AND CONDITIONS OF USE

Monkey Business Sports is operated by Cal-Side USA, Ltd.

This document collects several legal notices and informational statements in addition to our Privacy Policies and Other Legal Notices. Please read and carefully review these notices and those other two documents.

Use of Our Web site. Every part of our web site - the design, text, graphics, content, information, and any other displayed material - that can be displayed, downloaded, or otherwise transferred is protected by all applicable local, state, federal, and international laws. Check out our "Other Legal Policies" for specific information about some of those laws.

Our web site, the Monkey Business Sports web site, includes the front page and any other pages under the domain name "www.monkeybusinesssports.com."

We really like our web site and we hope you do, too, but please don't copy or steal any part of it without our permission and, hey, with our permission it's not stealing . And please be sure to use our web site according to the terms and conditions stated in this document, our Privacy Policies, and our Other Legal Notices.

Linking to Our Web site. You agree not to create or maintain any link from another web site to any part of our web site in any manner that generates revenue (for you or anyone else) without our prior written permission. It's not that we don't like you, and we really appreciate the dedication of our fans and vendors, but there are a lot of bad people in the world who would love to profit off our hard work. If you want to mention us in your blog or link us on your family's web site, that's great as long as you aren't getting any revenue (including any advertising revenue) from that web site. Otherwise, please ask us for permission before linking.

Running, displaying, or otherwise transferring any content from our web site on or into frames or similar means on another web site without our prior written permission is prohibited.

And any permitted links to our web site must comply will all applicable laws, rules, and regulations (including local, state, federal, and international laws).

Links to Other Web sites. We may occasionally place links to other web sites within our own web site. We usually do not own, operate, or have any control over these other web sites. All of these links are provided as a courtesy and convenience - we try to help people visiting our web site get additional information about toys, games, or other products, people, and companies they may enjoy.

Using any such link will cause you to leave our web site. Neither we nor any of our affiliates are responsible for any content, materials, images, or other information located on or accessible from any other web site. We do not endorse, guarantee, approve of, favor, limit access to, make any representation, or warrant the content of any other web site. In short, surf the World Wide Web at your own risk.

Content and Accuracy of Information. We try to ensure that all information on the Monkey Business Sports web site is complete, accurate, and up-to-date. However, mistakes do happen (we are only human after all), and despite our best efforts and diligence for exacting detail, some of the descriptions, prices, or other information on our web site occasionally may be inaccurate. Or incomplete. Or even out-of-date. We cannot make any absolute promises as to the completeness, accuracy, or currentness of any information on our web site (assuming that "currentness is an acceptable word in the English language—we're still debating that question), so you'll just have to accept that we try our best.

Products listed on our web site may be unavailable at times, or may be replaced by a current, newer model with different characteristics or we may simply have tossed them in a dark van and disposed of them in a dark alley. Dramatic and unlikely, sure, but all possible . And, of course, we may change the price and availability of products without advance notice. You could check our web site, get deeply involved in watching the latest episode of Battlestar Galactica, and come back an hour later to find that the prices and availability of some products have changed. We don't do this to mess with you, we do this because we're a dynamic company dedicated to putting out the best products we can using the most efficient business models and practices we can create.

Placing Orders. We reserve the right to limit the order quantity on any product or service and/or to refuse service to any customer - and we may do so without prior notice. We're sorry, but if someone orders 10,000 (or even 100) different products at once, we may have to limit that quantity to something more reasonable. And sometimes, we may require you to verify your information prior to accepting your order or shipping any products to you.

We try to confirm all orders by email. However, that email order confirmation is just a confirmation that you placed your order. It does not count as our acceptance of that order. Nor does it confirm our offer to sell a product or service. That email confirmation simply is our way of saying "Thanks for your order. We've received it and we'll get back to you if there are any problems with fulfilling your order."

Shipping. With all purchases from our web site, the risks of loss and title for any products purchased pass from us to you upon our delivery of the items to a shipping carrier. Once your order is in the hands of a shipping agent, it's out of our hands. If the items you ordered are lost or damaged during shipment (i.e., after we hand those items over to the carrier), you are responsible for filing any notices, claims, or actions with that carrier. Orders will be shipped to the address you specify as long as that shipping address complies with our shipping policies and any applicable state, local, federal, or international laws.

Product Specifications. The descriptions of our products on our web site are subject to change at any time without notice. We provide descriptions of approximate weights, sizes, and dimensions for convenience purposes only, and we will make every reasonable effort to accurately describe our products.

We also make every reasonable effort to accurately photograph our products and color balance the images used on our web site. However, the actual color you see when viewing our web site on your computer will depend on your own computer's settings, and we can't possibly guarantee that your computer will accurately display the colors of our products. So, please don't complain if a product shows up with Pantone® 3955 coloring when the product you viewed on our web site appeared to be Pantone® 3945 in color.

Inclusion of a product (or service) on our web site does not necessarily imply (or warrant) that the particular product (or service) will always be available, or available at a particular time. We will endeavor to indicate when a product is out of stock by flagging the product on our web site.

When you place an order through our web site, you affirm that any product ordered will be used only in a lawful manner. And you have the responsibility obey all applicable local, state, federal, and international laws in regard to the possession, use and sale of any item purchased from our web site.

Misuse and Inappropriate Material. We prohibit anyone from posting on or transmitting to our web site any unlawful, obscene, pornographic, profane, threatening, defamatory, or libelous material, information, or statements. We think our grandmothers had it right - "If you can't say something nice about someone, don't say anything at all."

We prohibit anyone from posting on or transmitting to our web site any material, information, or statements that could be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law - or even that could encourage others to break the law or induce some civil liability.

If we determine (at our sole discretion) that you have violated or are likely to violate these prohibitions, we reserve the right to take any action we deem necessary to cure or prevent such a violation. For example, we could cause the immediate removal of prohibited images, statements, or other materials from our web site, or even block you from accessing our web site. And we reserve the right to any other remedy - at law or in equity - to respond to any current or imminent violation of these prohibitions.

Additionally, we will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone accessing or using our web site in violation of applicable local, state, federal, or international laws.

User Information. Personally identifiable information transmitted to our web site is subject to our accompanying Privacy Policies. Please read that document so you know what we're doing with the information that we collect from you.

Any other information, ideas, suggestions, designs, drawings, advertising copy, concepts, techniques, comments, questions, recipes, commentaries, doctoral dissertations, essays, illustrations, novels, battle maps, architectural plans, blueprints for the Death Star, or any other statements or communications (other than personally identifiable information protected by our Privacy Policy) that you transmit, send, or post to our web site will be considered "User Communications." We will consider these User Communications non-confidential and non-proprietary. So, if you want to send us your ideas for new toys or games, you better contact us first and we'll work out some sort of non-disclosure agreement. Please see our Other Legal Notices for more information on this topic.

We, our affiliates, our agents, and our other designees may use any or all User Communications for any purpose whatsoever and without limitation. We can reproduce, transmit, disclose, broadcast, mock, publish, admire, develop, and use those User Communications for any commercial or non-commercial purpose we want without limitation, including research, development, manufacturing, marketing, advertising, or purely for entertainment purposes.

We usually monitor User Communications, even though we're not obligated to do so, and we pass around the really good ones or post them in our break room. We have no obligation to use, return, review, or respond to any User Communications. As much as we love our fans and enjoy mocking our enemies, we can't respond to every email or letter we receive. We accept no liability whatsoever for any content of any User Communications, particularly any liability arising under the applicable laws related to copyright, trademark, obscenity, libel, privacy, or defamation.

And we reserve the sole right to remove, redact, or expunge any or all User Communications that we deem inappropriate or unacceptable.

Here comes the really intensely lawyerly language. We apologize for subjecting you to the rest of this document, but we live in a highly litigious society. We need to protect ourselves. And we promise to let the lawyers out of their cages only when necessary.

Disclaimers.

YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE PRODUCTS, INFORMATION, SERVICES, AND ANY OTHER STATEMENTS PROVIDED ON OR TRANSMITTED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND - INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

STATEMENTS, IMAGES, COMMUNICATIONS, OR ANY OTHER INFORMATION PROVIDED ON OR TRANSMITTED THROUGH THIS WEB SITE MAY BE OUT OF DATE. WE (MONKEY BUSINESS SPORTS AND CAL-SIDE USA, LTD.) AND OUR RESPECTIVE AFFILIATES DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY OR RESPONSIBILITY TO UPDATE SUCH STATEMENTS, IMAGES, COMMUNICATIONS, OR ANY OTHER INFORMATION. WE (MONKEY BUSINESS SPORTS AND CAL-SIDE USA, LTD.) AND OUR RESPECTIVE AFFILIATES DO NOT WARRANT THE COMPLETENESS OR ACCURACY OF ANY STATEMENTS, MATERIALS, IMAGES, SERVICES, OR OTHER INFORMATION, PROVIDED ON OR TRANSMITTED THROUGH THIS WEB SITE.

THE ABOVE-MENTIONED EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO ANY PRODUCTS (OR SERVICES) LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. ALL PRODUCTS (OR SERVICES) PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS, AND SUPPLIERS (IF ANY). WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

WITHOUT LIMITING THE GENERALITY OF ANY STATEMENT MADE HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE; CLAIMS THAT ARE DUE TO NORMAL WEAR, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, PRODUCT MISUSE OR ABUSE, PRODUCT MODIFICATION, OR MISAPPROPRIATION. THE EXCLUSIONS OF IMPLIED WARRANTIES CONTAINED HEREIN DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NEITHER MONKEY BUSINESS SPORTS NOR CAL-SIDE USA, LTD., ASSUMES ANY LIABILITY WHATSOVER FOR ANY VIRUSES, WORMS, TROJAN HORSES, SPYWARE, MALWARE, OR ANY OTHER UNWANTED PROGRAMS THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS HARDWARE, INCLUDING ANY DAMAGE TO ANY SUCH EQUIPMENT, CAUSED BY OR ARISING OUT OF YOUR ACCESS TO, BROWSING OF, OR ANY OTHER USE OF OUR WEB SITE, INCLUDING ANY DOWNLOADING OF ANY DATA FROM OUR WEB SITE.

IN NO EVENT WILL MONKEY BUSINESS SPORTS OR CAL-SIDE USA, LTD. - OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, OR ANY PARTY INVOLVED IN THE DEVELOPMENT, DESIGNE, CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEB SITE - BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES - INCLUDING (WITHOUT LIMITATION) ANY DAMAGES THAT RESULT FROM LOST DATA, LOST PROFITS, LOST OPPORTUNITIES, OR ANY OTHER INTERRUPTION OF BUSINESS ARISING OUT OF (1) THE USE OF THIS WEB SITE, THE RESULTS OF SUCH USE, OR THE INABILITY TO USE THIS WEB SITE; (2) THE USE OF ANY WEB SITES LINKED TO THIS WEB SITES, THE RESULTS OF SUCH USE, OR THE INABILITY TO USE ANY WEB SITES LINKED TO THIS WEB SITE; OR (3) ANY INFORMATION, IMAGES, STATEMENTS, OR OTHER MATERIALS OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU EXPERIENCE ANY PROBLEM WHATSOEVER WITH ANY PRODUCT (OR SERVICE) THAT YOU PURCHASE ON OR THROUGH OUR WEB SITE, YOU AGREE THAT YOUR REMEDY AVAILABLE WILL BE FROM THE MANUFACTURER OF SUCH PRODUCTS (OR SUPPLIER OF SUCH SERVICES) IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY. YOU MAY SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON OUR WEB SITE.

IF YOU EXPERIENCE ANY PROBLEM WHATSOEVER WITH OUR WEB SITE - INCLUDING ANY STATEMENTS, INFORMATION, IMAGES, OR ANY OTHER CONTENT - YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR WEB SITE.

THE LIMITATIONS OF LIABILITY STATED HEREIN DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Changes to these Terms of Use. These Terms of Use may be revised at any time by updating this posting. These Terms of Use are binding upon you, so please visit this page occasionally to review the current Terms of Use.

Choice of Law and Jurisdiction. These Terms of Use supersede any other agreement between you and either Monkey Business Sports or Cal-Side USA, Ltd., to the extent necessary to resolve any inconsistency or ambiguity among all the agreements. These Terms of Use will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of laws. Any action seeking any relief (at law or in equity) arising out of or relating to our web site will be brought only in a state or federal court located in the State of Oregon.

A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of our web site.

Termination. You or we may suspend or terminate your use of our web site at any time and for any reason (or for no reason). You are liable for any orders you place or charge you incur through our web site prior to termination. And we reserve the right to change, suspend, discontinue, alter, or modify any aspect or part of our web site at any time without notice.