last updtated: June 7th, 2022
These Terms and Conditions of Use (“Terms”) govern your (“you” or “your”) use of the website located at www.amazingbobbleheads.com and any mobile versions thereof (hereinafter, collectively, the “Site”), which is owned and operated by Amazing Bobbleheads WS LLC (“Amazing Bobbleheads”, “we”, “us”, “its” or “our”). Access and use of the Site is provided by Amazing Bobbleheads to you on condition that you accept these Terms and Conditions of Use, and by accessing or using the Site, you agree to these Terms and Conditions of Use. If you do not agree to accept and abide by these Terms and Conditions of Use you should not access or use the Site.
Amazing Bobbleheads may revise and update these Terms and Conditions of Use at any time and without notice. You are cautioned to review the Terms and Conditions of Use posted on the Site periodically. Your continued access or use of the Site after any such changes are posted will constitute your acceptance of these changes.
Privacy
Your use of the Site is governed by our Data Privacy and Use Policy (“Privacy Policy”), which is available on the Site. Your continued use of the Site constitutes acceptance of the terms of the Privacy Policy, including any and all changes made to the policy.
Communication Preferences
If you place an order with the Site (incomplete or complete) or contact us via email or phone, you consent to receiving service messages, such as payment confirmations, transactional notices, customer service communications and emails, product updates and order updates. You also consent to receiving other communications from us such, as newsletters, special offers, announcements, and surveys. You may opt out of some of these additional communications (newsletters) by clicking on the “unsubscribe” links, as applicable, contained within such communications.
Geographic Restrictions
You may not be able to access all or some of the content and services of the Site outside of the United States and such access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Use of the Site
The Site and its contents (the “Content”) are intended for your own personal, non-commercial use by customers of Amazing Bobbleheads in accordance with these Terms. You may not use this Site or the Content for any other purpose. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with Amazing Bobbleheads; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Amazing Bobbleheads product or service if you are not expressly authorized by such party to do so; (e) using technology or other means to access Amazing Bobbleheads’ proprietary information, unless such use is expressly authorized; (f) attempting to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (g) creating derivative works from or otherwise exploit the Content in any way; (h) encouraging conduct that would constitute a criminal offense, or would give rise to civil liability; (i) using the Site or the Content other than for its intended purpose, as determined solely in Amazing Bobbleheads’ discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information; (j) interfering with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site; and (k) violating any other provision of these Terms of Use or the terms of the Privacy Policy.
Information and Press Releases
The Site may contain information, news, and press releases in connection with its Content. As further elaborated below, the Site and its Content are provided “AS IS.” Without limiting the foregoing, Amazing Bobbleheads disclaims any duty or obligation to update any Content. Information about third parties contained in the Content should not be relied upon as being provided or endorsed by us.
Content PROVIDED BY YOU TO AMAZING BOBBLEHEADS
When ordering custom products from Amazing Bobbleheads, you may not submit, or instruct/reuquire Amazing Bobbleheads to use, any images or images containing third-party intellectual property that is not owned by you. By submitting custom orders and images and information associated therewith, you represent and warrant that you own all rights and interest in and to the subject matter in such images and hereby agree to indemnify, defend, and hold harmless, Amazing Bobbleheads against all claims arising from Amazing Bobbleheads' use of the content provided (or instructed/required) by you in fulfilling your order, including, but not limited to, all damages and costs, including Amazing Bobbleheads' attorneys’ fees.
Intellectual Property
All Content (including the organization and presentation of such Content) on the Site are the property of Amazing Bobbleheads and/or its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names, and other similar rights. Unless you have entered into a separate agreement with Amazing Bobbleheads, any use not expressly set forth herein of this Content without Amazing Bobbleheads’ written permission is prohibited.
Amazing Bobbleheads and any other trademark, service mark, trade dress, and/or other indicia of source contained in the Site (“Marks”) are owned by Amazing Bobbleheads, its affiliates, suppliers, or licensees or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Amazing Bobbleheads or the applicable Mark holder. You may not use metatags or any other “hidden text” utilizing “Amazing Bobbleheads” or any other Mark without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is owned by Amazing Bobbleheads and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Images of standard bodies displayed on the Site are products created by us or our suppliers in the past. The images displayed on our website may contain Marks, logos, trademarks, clothing details, clothing colors or wordings etc. for reference and as general example only and to illustrate which design features generally can be implemented in this type of product. We will require you to provide your own Marks, logos, trademarks, clothing details, clothing colors and special wordings etc. for your order and we will not provide the standard bodies with any Marks, logos, trademarks and special wordings etc. as potentually shown on the Site for general illustration and reference only. You consent that your images, photographs, videos and logos provided by you to us during or after the order process may be displayed on Amazing Bobbleheads’ different current and future websites, promotional emails, catalogs and/or social media. You consent that Amazing Bobbleheads’ may name you publicly as Amazing Bobbleheads’ client and we may display your corporate logo in this relation. You consent that the products created for you by Amazing Bobbleheads are under the full copyright of Amazing Bobbleheads and Amazing Bobbleheads may use images of these products on Amazing Bobbleheads’ Site and social media. You consent that your completed product may be used/copied freely by Amazing Bobbleheads, without restriction, or monetary compensation to you, for the creation of future products sold by Amazing Bobbleheads. Your personal data is administrated in line with the Privacy Policy found elsewhere on the Site.
Currency of Site
Amazing Bobbleheads updates the information on this Site regularly. However, Amazing Bobbleheads cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. Amazing Bobbleheads may revise, supplement or delete information, services and/or the resources contained in the Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Linked Third-Party Materials
The Site may display, include or make available third-party content, including data, information, applications and other products services and/or materials (“Third-Party Materials”). Such Third-Party Content may be referenced by links on the Site, through third-party advertising, and by other methods which make such materials available to users. The inclusion of these Third-Party Materials and links thereto does not imply that Amazing Bobbleheads monitors or endorses these links or Third-Party Material. You acknowledge and agree that Amazing Bobbleheads is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality, or any other aspect thereof. Amazing Bobbleheads does not assume and will not have any liability or responsibility to you or any other person or entity for any Third -Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third-parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.
Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
Amazing Bobbleheads shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of the Content from this Site. Amazing Bobbleheads recommends that you install appropriate anti-virus or other protective software.
Site and Materials Provided “As Is”
THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Amazing Bobbleheads DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL Amazing Bobbleheads OR ANY OF ITS DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO A HUNDRED ($100.00) U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Amazing Bobbleheads harmless against all claims or liability asserted against Amazing Bobbleheads arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Notice and Procedure for Making Claims of Infringement/Digital Millennium Copyright Act
Amazing Bobbleheads respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Amazing Bobbleheads with a written communication including substantially the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please address your letter to:
Amazing Bobbleheads WS LLC
Attn.: IP Officer
800 N Rainbow Blvd., STE 208, Las Vegas, NV 89107, USA
Feel free to email admin@amazingbobbleheads.com . However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Amazing Bobbleheads is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through this Site or via e-mail that:
a) Amazing Bobbleheads has no obligation concerning such information;
b) the information is non-confidential;
c) Amazing Bobbleheads may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
d) the information is truthful and disclosure of the information does not violate the legal rights of others.
Applicable law
The Site is controlled, operated and administered by Amazing Bobbleheads from within the state of Nevada. This Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Nevada, by accessing this Site, you acknowledge and agree that all matters relating to access to, or use of this Site shall be governed by the laws of the state of Nevada and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Clark County, Nevada and acknowledge that you do so voluntarily.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
CANCELLATION / REFUND POLICY
1. You may cancel your order for custom made bobbleheads or figurines any time prior to shipping in writing. If cancelled before the item has shipped an 80% refund of your purchase price will be granted and the product will not be dispatched to you. Please allow up to 14 days to process the refund. Please note that identical copies ordered after the approval of a prototype / sample cannot be cancelled or returned.
2. You may return your bobbleheads and/or figurines to the address listed on our "Contact Us" page for a full refund. However, we will not cover the mailing expenses. We will refund the full amount you paid within 14 days after receiving the returned product(s).
3. Although damages during transportation are rare, they do happen. You are required to provide us photos of a) the package and label as well as b) the broken bobblehead or figurine within 72 hours of arrival. We will provide a replacement product for free as soon as possible, normally within 2-3 weeks.
4.While Amazing Bobbleheads commits itself to strive for the highest possible quality, deviations to your specifications and requirements are possible. In particular, it is possible that identical copies deviate in form, color and functionality from the approved first sample (prototype) due to the fact that our products are handmade and hand-painted. The production of our bobbleheads is based on an artistic interpretation of 2D images that are transformed into 3D images. Such a transformation is a matter of interpretation, and can never be exact. No refunds will be granted for deviating products.
PRODUCTION AND SHIPPING TIMELINES
Amazing Bobbleheads offers several sculpting and shipping timelines as part of the product order process. Those timelines are ONLY rough estimates and are usually met by the vast majority of orders, however, in some cases longer production and/or shipping durations are needed. Amazing Bobbleheads does not guarantee any timeline or duration and production or shipping delays do not entitle you to a refund or any other compensation. Amazing Bobbleheads products are manufactured in China and are shipped in most cases directly from the manufacturer to you. The total turnaround for your order consists of the sculpting time plus shipping time plus time required for modifications plus time required by you to answer our communication. We ship our products usually with DHL, FEDEX, UPS, TNT or USPS. A signature is required in most cases upon delivery. We are not responsible for delay or/and additional charges due to the provision of a wrong or incomplete shipping address. We are not responsible for import tax and/or import duties you may encounter at the country you request us to ship to (except USA).
MODIFICATION AND PROOFING PROCESS
Amazing Bobbleheads products are custom made based on your specifications and instructions. The process requires your swift interaction and consistent communication. You are required to answer to our communication within 24 hours in order to achieve a total turnaround time that is advertised on the website. Delays may add additional turnaround time to your order. Modification requests to your 2D simulations or 3D sculptures require on average 2-4 business days and this duration will be added to your total turnaround time.
General
Amazing Bobbleheads’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms and Conditions of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms and Conditions of Use and all documents relating thereto be drawn up in English.
CONTACT
If you have concerns relating to this Site or these Terms and Conditions of Use, please contact Amazing Bobbleheads at admin@amazingbobblehads.com or by writing to us at 800 N Rainbow Blvd., STE 208, Las Vegas, NV 89107, USA.