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Terms
of Use
Welcome to the Globitron FanClub Web Site ("Site"). Please review
the following basic terms that govern your use of and/or purchase
of products from our Site. Please note that your use of our
Site constitutes your agreement to follow and be bound by those
terms (the "Agreement").
GENERAL
We may from time to time change the terms that govern your use
of our Site. Your use of our Site following any such change
constitutes your agreement to follow and be bound by the terms
as changed.
We may change, move or delete portions of, or may add to, our
Site from time to time.
SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, music, and written
and other materials that appear as part of this Site (collectively,
the "Contents") are copyrights, trademarks, trade dress and/or
other intellectual properties owned, controlled or licensed
by Globitron, Inc. d/b/a Globitron FanClub and its subsidiaries
and/or affiliates. The Site as a whole is protected by copyright
and trade dress, all worldwide rights, titles and interests
in and to which are owned by FanClub and all other FanClub trademarks
appearing at this Site are trademarks of FanClub.
The Contents of our Site, and the Site as a whole, are intended
solely for personal, noncommercial (other than for the purchase
of merchandise from our e-commerce site) use by the users of
our Site. You may download or copy the Contents and other downloadable
materials displayed on the Site for your personal use only.
No right, title or interest in any downloaded materials or software
is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish,
transmit, distribute, display, modify, create derivative works
from, sell or participate in any sale of, or exploit in any
way, in whole or in part, any of the Contents, the Site, or
any related software.
You may, with our permission, reproduce portions of our site
in connection with a review of, or commentary on, the FanClub
Site.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Site may contain typographical errors
or inaccuracies and may not be complete or current. We therefore
reserve the right to correct any errors, inaccuracies or omissions
and to change or update information at any time without prior
notice (including after you have submitted your order). Please
note that such errors, inaccuracies or omissions may relate
to product description, pricing and availability. We apologize
for any inconvenience this may cause. If you are not fully satisfied
with your FanClub purchase you may return it in its original
condition, with the original FanClub packing receipt within
14 days of the order date. Please see our Return Policy.
USER COMMENTS, FEEDBACK, POSTCARDS
& OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to Globitron FanClub
on or by this Site or otherwise disclosed, submitted or offered
in connection with your use of this Site (collectively, "Comments")
shall be and remain Globitron FanClub's property. Such disclosure,
submission or offer of any Comments shall constitute an assignment
to Globitron FanClub of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the Comments.
Thus, Globitron FanClub will own exclusively all such rights,
titles and interests and shall not be limited in any way in
its use, commercial or otherwise, of any Comments. Globitron
FanClub is and shall be under no obligation (1) to maintain
any Comments in confidence; (2) to pay to user any compensation
for any Comments; or (3) to respond to any user Comments. The
forgoing statements do not apply to the Rewards Program. All
comments submitted to the Rewards Program will be kept in confidence.
You agree that no Comments submitted by you to the Site will
violate any right of any third party, including copyright, trademark,
privacy or other personal or proprietary right(s). You further
agree that no Comments submitted by you to the Site will be
or contain libelous or otherwise unlawful, abusive or obscene
material. You are, and shall remain, solely responsible for
the content of any Comments you make.
You agree that Globitron FanClub may use and/or disclose information
about your demographics and use of the Site in any manner that
does not reveal your identity. Please see our Privacy Policy.
By participating in Site sweepstakes, contests, promotions,
and/or requesting promotional information or product updates,
you agree that Globitron FanClub may use your information for
marketing and promotional purposes.
Globitron FanClub'S COMMUNICATIONS
TO YOU
You agree that Globitron FanClub may send electronic mail to
you for the purpose of advising you of changes or additions
to this Site, about any of Globitron FanClub's products or services,
or for such other purpose(s) as Globitron FanClub deems appropriate.
Please see our Privacy Policy.
PRODUCT INFORMATION
Most Globitron FanClub products displayed at the Site are available
in select stores in the United States and select foreign markets
while supplies last. In some cases, merchandise displayed for
sale at the Site may not be available in stores. Currently,
Globitron FanClub is only shipping goods purchased from the
site within the United States. Thus, prices displayed at the
Site are quoted in U.S. Dollars and are valid and effective
only in the United States and its territories.
COLORS
We have made every effort to display as accurately as possible
the colors of our products that appear at the Site. However,
as the actual colors you see will depend on your monitor, we
cannot guarantee that your monitor's display of any color will
be accurate.
LINKS TO OTHER WEB SITES AND
SERVICES
To the extent that this Site contains links to outside services
and resources, the availability and content of which Globitron
FanClub does not control, any concerns regarding any such service
or resource, or any link thereto, should be directed to the
particular outside service or resource.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS
OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR
SITE, AND THAT Globitron FanClub SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INDEMNIFICATION
You agree to defend, indemnify and hold Globitron FanClub harmless
from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your use
of the Site.
MISCELLANEOUS
Unless otherwise specified and except to the extent Globitron
FanClub products are offered for sale in the United States through
this Site, this Site and the Contents thereof are displayed
solely for the purpose of promoting Globitron FanClub's products
and services available in the United States and select foreign
markets. This Site is controlled and operated by FanClub from
its offices at PO
Box 3215, Ventura,
CA 93006-32156.
This Agreement shall be construed in accordance with the laws
of the State of California, without regard to any conflict of
law provisions. Any dispute arising under this Agreement shall
be resolved exclusively by the State and Federal courts of the
State of California.
TERMINATION
This Agreement is effective unless
and until terminated by either you or Globitron FanClub. You
may terminate this Agreement at any time. Globitron FanClub
also may terminate this Agreement
at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in Globitron FanClub's
sole discretion you fail to comply with any term or provision
of this Agreement. Upon any termination of this Agreement by
either you or Globitron FanClub,
you must promptly destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of such materials,
whether made under the terms of this Agreement or otherwise.
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