Slapstick Terms & Conditions
Last modified: July 10, 2018
Thank you for visiting our “Slapstick” mobile application and/or website (“App”). This App is operated by Buck Design, LLC (“we,” “us,” or “our”) and allows you to: (a) purchase and place stickers and filters on your photos through augmented reality so you can share photos on your third party social media account(s); (b) interact with us and our App; and (c) sign up for our mailing list. These Terms and Conditions (“Terms and Conditions”) govern your use of the App, and your agreement is a condition precedent to using this App. Please read these Terms and Conditions carefully before proceeding.
BY DOWNLOADING, INSTALLING, AND USING THIS APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP AND DELETE THE APP FROM YOUR DEVICE.
The Dispute resolution Section of these Terms and Conditions contains a binding arbitration agreement and class action waiver that waive your right to a court hearing and jury trial.
Age Requirements for Use of this App
Age Requirements for General Use
Individuals under 18 years of age are not eligible to use this App and may not submit any personal information to us. If you are under 18 years of age, DO NOT USE THIS APP as this App or its products may contain adult content. By using this App, you hereby represent that you are at least 18 years of age.
Age Requirements for Purchases
You must be at least 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties herein, in order to purchase products on this App. By agreeing to the Terms and Conditions during the checkout process, you represent and certify that you are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.
Modification to these Terms and Conditions
We will email you or post a notification on this App in the event of any material changes to these Terms and Conditions. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this App. Please check these Terms and Conditions periodically for changes. Your continued use of this App following our posting of any changes to these Terms and Conditions means that you accept those changes.
Restrictions on Use
You agree not to use any device, software, or routine to interfere with the proper functioning of the App. You shall not transmit any information, software, or other material that contains a virus or other harmful component. You are prohibited from violating or attempting to violate any security features of this App. You shall not attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this App. Additionally, you are prohibited from violating or attempting to violate any security features of this App. Any violation of system or network security may subject you to civil and/or criminal liability.
Copyrights, Trademarks, and Other Proprietary Rights
All content on this App, including trademarks, trade names, trade dress, logos, and service marks are the property of their respective owners, including, in some instances, us.
Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App on your personal device solely in connection with your use of the App for your personal, noncommercial use.
Any rights not expressly granted herein are reserved by us and our licensors. You may not modify, create derivative works, copy, redistribute, publish, transmit, display, or in any way exploit any content or material from this App.
Any content you transmit to us via this App, the Internet, e-mail, or otherwise shall be governed by our Submitted Content Usage Terms.
Third Party Links and Retailers
We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may be subject to different legal requirements. Access to participating retailers does not constitute an endorsement by us of any retailers, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions.
If we provide links to social media platforms, such as Facebook, please note that we do not control user content on social media and are not responsible for any third-party use of your personal information that you have made available there.
We will not be liable if, for any reason, all or part of this App is ever unavailable. From time to time, we may restrict access to all or some of this App. We undertake no obligation to update, amend, or clarify information on this App, including without limitation, pricing information, except as required by law.
On occasion, information on this App may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information if any information on the App is inaccurate.
Prices and Promotions
All prices, discounts, and promotions posted on this App are subject to change without notice. We may, from time to time, offer promotions or other discounts on product purchases. We reserve the right to suspend any such promotions, update product information and change prices at any time without notice. Furthermore, we reserve the right to change, limit, refuse, or cancel any order you place with us at our sole discretion.
We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Currently, you may make purchases on our App through the use of your Apple account using your Apple ID, and therefore, we do not process your method of payment or payment information through our App, and we take no responsibility for your payment information. Nonetheless, by entering into any transaction through the App, you warrant and represent that all information you provide is true, correct, and complete (including, without limitation, your credit card information and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; that you will pay charges incurred by you at the posted prices; and that you are the legal holder of any credit card or payment account used to enter into any transaction through the App.
If, in our sole discretion, we determine that you have engaged in an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the App, and terminate all of our obligations hereunder.
By agreeing to the Terms and Conditions, you consent that the payment processing services for products purchased on this App are processed through your Apple account.
All sales are final and there are no refunds for any purchases. If you feel that you did not receive your purchased product and you have been charged, please contact us at firstname.lastname@example.org.
If you have any questions or concerns please email us at email@example.com.
THIS APP AND THE INFORMATION, GRAPHICS, MATERIALS, AND PRODUCTS IN THIS APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, RELATED TO ANY USE OF THE APP, THE MATERIALS ON THIS APP, OR THE PRODUCTS, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers, and suppliers from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages, and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms and Conditions or any activity related to you accessing this App. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.
We may send you responses or notices by e-mail, posting to this App, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These Terms and Conditions and your use of this App shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of California, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule that would cause the laws of any jurisdiction other than those of the State of California to apply.
This App, this App’s content, products, and incentives are intended to comply with U.S. state and federal laws and regulations. If you are a non-U.S.-based user, be advised that other countries may have laws, regulatory requirements that are different from those in the U.S.
Timing of Claims
Any cause of action or claim you may have with respect to this App including, but not limited to, the purchase of products must be commenced within 1 year after the claim or cause of action arises.
Arbitration and Venue
Any dispute relating in any way to your use of this App shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court and you consent to jurisdiction and venue in such courts in Los Angeles, California. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.
Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within 120 days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than 1 person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
California Use Only
This App is controlled and operated by us from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to this App should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction other than the State of California. Those who access or use this App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the App are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted via email at firstname.lastname@example.org