Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://www.absurdventures.com/privacy) (“Privacy Policy”) carefully because they govern your use of the website located at absurdventures.com (the “Site”) and services accessible via the Site, including your purchase of merchandise offered for sale by Absurd Ventures LLC (“Absurd Ventures”) on the Site. To make these Terms easier to read, the goods offered for sale by Absurd Ventures are called the “Products,” and the Site and other interactive features or services, including our e-commerce platform services therein are collectively called the “Services.” These Terms govern your purchase of Products and your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them, and regardless of whether you are a registered user or a guest.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ABSURD VENTURES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms

By using our Services and/or purchasing any Products, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or purchase any Products.

2. Privacy Policy

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

While some aspects of the Services are provided to all users, for other aspects, such as the ability to create an account or use social features, you must be at least 13 years of age.

Delivery of Products to addresses outside the U.S. is not available for all items or to all addresses. We reserve the right to limit availability of, and/or discontinue, any Product, Services, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities and/or cancel orders of any Product, Services, or other feature that we provide.

5. User accounts

For certain features of the Services, you will need an account. It’s important that you provide us with accurate, complete, and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account, including, without limitation, all Product purchases and any other financial transactions. It’s your sole responsibility to protect your password from unauthorized use.

We may, in our sole discretion and from time to time, establish or revise standards that govern the usernames associated with accounts on the Services. These standards may include, without limitation, rules regarding permitted or prohibited symbols, spaces, minimum or maximum character length, disallowed or restricted words, and the prevention of usernames that are case-insensitiveduplicates of existing usernames. If we determine that a username no longer complies with our then current standards, we may notify and require you to select a replacement username or assign one for you, and we may take any other reasonable action we deem necessary to protect the integrity of the Services.

6. Unsolicited Submissions

Absurd Ventures does not accept unsolicited material. Please do not submit any unsolicited ideas, concepts, pitches, outlines, scripts, treatments, etc. (“Unsolicited Submissions”). The purpose of this section is to avoid any potential misunderstandings if your Unsolicited Submissionsseemssimilar to any Absurd Ventures works since many works and submissions are based on the same or similar ideas.

Please note, if you choose to disregard this policy and submit Unsolicited Submissions regardless, you acknowledge that you have read these Terms and understand that by making such a submission, you understand that AbsurdVentures has no obligation to you or related to such Unsolicited Submission and that you have no claim whatsoever based on such Unsolicited Submission, and that we are free to use it without any restriction or compensation to you.

7. Terms of sales

The following terms apply to your purchase of the Products.

• Product Descriptions. We try to make the Services and the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Services may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. For example, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to correct errors (whether by changing information on the Services or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice. Subject to applicable law, all Products descriptions are subject to change at any time without notice, in our sole discretion. Any offer for any Product made via our Services is void where prohibited.
• Availability and Pricing. Absurd Ventures reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. We reserve the right to discontinue any Product at any time. Products offered for sale on this Site are for sale only in the United States and countries that are available to ship to through the Site, which may be updated from time to time in our sole discretion. All prices are quoted in U.S. dollars. The prices displayed may not include shipping, handling, tariff charges, or applicable taxes, which will be communicated to you at check out before you place an order and you are responsible for paying such charges and taxes to Absurd Ventures.
• Purchasing Products. We have the right to refuse or limit any orders or quantities, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason. We will not be liable if a Product is unavailable or if shipment is delayed. We reserve the right to provide substantially similar products to fulfill your order.
• Tracking Your Order. As soon as your Order ships, we will send you a shipping confirmation email with the tracking number. If you need assistance, please email storesupport@absurdventures.com with your Order number.
• Destinations. Orders can be shipped in the U.S. including Alaska, Hawaii, and US territories and internationally to countries that are available to ship to through the Site. We are unable to ship to PO, APO, and/or FPO boxes.
• Shipping. Rates and delivery times are as stated at the time of purchase.
• International Orders. International orders are shipped DDU “Delivered Duties Unpaid” and international customers will be responsible for the payment of any additional associated duties and taxes. Absurd Ventures has no control over these charges and cannot predict what the cost would be, as customs policies and import duties vary widely from country to country. Please contact your local customs office for current charges.
• Returns. We do not accept returns. All sales are final.
• Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on the Services for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
• Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, please email us at storesupport@absurdventures.com. Any refunds or replacements are made solely in our discretion.

8. Ordering; payment

• Transaction Authorization. When you make a purchase via the Services (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
• When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges that your bank or other financial service provider may levy on you). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms.All fees and applicable taxes, if any, are payable in United States dollars.
• Payment. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (i) you providing complete personal, account, transaction and any other information needed, (ii) authorization of the payment by your credit or debit card company, and (iii) acceptance of your payment.
• Cancellation. Except as expressly provided in these Terms, all orders are non-cancellable; we may grant or deny cancellation requests for individual orders in our sole and absolute discretion. We may also, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if your payment method is declined; (iv) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; (v) your failure to cooperate in an investigation or provide additional information when requested; or (vi) any other circumstances we deem appropriate in our sole discretion.
• Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
• Promotional Codes. Absurd may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. The promotional code must be redeemed at the time of checkout, unless otherwise advertised, and cannot retroactively be applied to a purchase. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Absurd at any time in its sole discretion.

9. Absurd Content and Intellectual Property

We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

10. General Prohibitions and Absurd Ventures’ Enforcement Rights

You agree not to do any of the following:

• Use, display, mirror or frame the Services or any individual element within the Services, Absurd Ventures’ name, any Absurd Ventures trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Absurd Ventures’ express written consent;
• Access, tamper with, or use non-public areas of the Services, Absurd Ventures’ computer systems, or the technical delivery systems of Absurd Ventures’ providers;
• Attempt to probe, scan or test the vulnerability of any Absurd Ventures system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Absurd Ventures or any of Absurd Ventures’ providers or any other third party (including another user) to protect the Services;
• Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Absurd Ventures or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Absurd Ventures trademark, logo URL or product name without Absurd Ventures’ express written consent;
• Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
  

Absurd Ventures is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any contentat any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. Links to Third Party Websites or Resources

The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

12. Termination

We may suspend or terminate your access to and use of the Services, including cancelling any order for Products, suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at legalnotice@absurdventures.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive:5, 6, 7, 8, 9,10, 11, 12, 13, 14, 15, 16, 17, and 18.

13. Warranty Disclaimers

THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

14. Indemnity

You will indemnify and hold Absurd Ventures and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your purchase of, access to or use of the Products or Services or (b) your violation of these Terms.

15. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ABSURD VENTURES NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTUAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ABSURD VENTURES OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ABSURD VENTURES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
• THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ABSURD VENTURES AND YOU.

16. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution”, the exclusive jurisdiction for all Disputes (defined below) that you and Absurd Ventures are not required to arbitrate will be the state and federal courts located in the County of Los Angeles, and you and Absurd Ventures each waive any objection to jurisdiction and venue in such courts.

17. Dispute Resolution

• Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Absurd Ventures agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Absurd Ventures are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
• Exceptions. As limited exceptions to the “Mandatory Arbitration of Disputes” clause above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
• Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

• Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’tseek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration and the dispute is not considered frivolous,we’ll pay all of our attorneys’ fees and costs and won’tseek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
• Injunctive and Declaratory Relief. Except as provided in the “Exceptions” clause above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
• Class Action Waiver. YOU AND ABSURD VENTURES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
• Severability. With the exception of any of the provisions in the“Class Action Waiver” clause above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

18. General Terms

• Reservation of Rights. Absurd Ventures and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, servicemark or other proprietary rights notices incorporated in or accompanying the Services.
• Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Absurd Ventures and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Absurd Ventures and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Absurd Ventures’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Absurd Ventures may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
• Notices. Any notices or other communications provided by Absurd Ventures under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
• Waiver of Rights. Absurd Ventures’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Absurd Ventures. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

19. Contact Information

If you have any questions about these Terms or the Services, please contact Absurd Ventures at legal@absurdventures.com.