Terms & Conditions

Welcome to Brainfart55. The object of the Terms & Conditions is to regulate use and operation of an online store under the name 'Brainfart55' operates via brainfart55.com ('Webshop'). Terms & Conditions are designed to define the rights and obligations of customers, as well as the rights, duties and responsibilities of the Administrator as the entity managing Store.

By accessing or using the Service, establishing membership on the Brainfart55 Site, or purchasing or using products or services through the Brainfart55 Site, you acknowledge and agree to be bound by these terms (the ”Agreement”) as follows:

MEMBERSHIP

In order to access certain features of the Site and Services and to post any Member Content on the Site, or through the Services, you must register as a member (“Member”) to create an account ("Account").

You may establish membership on the Brainfart55 Site. At a minimum, enrollment requires you to

1. indicate agreement to these Terms of Service,
2. provide contact information and identification details, and
3. submit any other form of authentication required as part of the enrollment process, in Brainfart55 sole discretion.

You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

 

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the copyright laws, and is the property of Brainfart55.com. The collective work includes works that are licensed to brainfart55.com. Copyright 2013, brainfart55.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with brainfart55.com or purchasing brainfart55.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with brainfart55.com or to purchase brainfart55.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by brainfart55.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

 

TRADEMARKS

All trademarks, service marks and trade names and photography are the property of Brainfart55. No use of these may be made without the prior written consent of Brainfart55 except to identify the products or services of Brainfart55.

 

REPRESENTATION & AVAILABILITY OF DESIGNS

Brainfart55 makes every effort to accurately represent the items for sale on our website. Colors vary on different monitors so don't hesitate to ask us any questions before you place your order. We cannot guarantee the accuracy of your monitor’s representation of color, texture, or detail.

 

LIMITATION OF LIABILITY

Brainfart55 shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if brainfart55.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

TYPOGRAPHICAL ERRORS

In the event that a brainfart55.com product is mistakenly listed at an incorrect price, Brainfart55 reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.

 

PARTICIPATION DISCLAIMER

Brainfart55 does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, brainfart55.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Brainfart55 reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to brainfart55.com in its sole discretion.

 

NOTICE

Brainfart55 may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to brainfart55.com.

 

THIRD-PARTY LINKS

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

 

CHILD’S ACT

The Children's Online Privacy Protection Act imposes certain requirements on web sites directed at children under 13 that collect information on those children, and on web sites that knowingly collect information on children under 13. Brainfart55 is not directed at children under 13, and does not knowingly collect any personal information from children under 13.

 

CHANGES TO OUR POLICY

From time to time, we may review and revise our privacy policy. We reserve the right to change our privacy policy at any time and to notify you by publishing an updated version of the policy on the Brainfart55 website.