Terms and Conditions of Use and Sale
LapaTOON.com online store is operated by LapaTOON LLC. The current document is a legal agreement between LapaTOON.com and you. By accessing this online store, making purchases, or ordering services, you confirm your agreement to be bound by these terms and conditions.
Use of LapaTOON.com Media Content
LapaTOON allows personal, noncommercial use of materials located at LapaTOON.com website. LapaTOON does not allow downloading, caching, and modifying of any media content (including texts, images, or products), either in part or in whole, without obtaining a written permission of LapaTOON.com.
LapaTOON.com may change or discontinue selling any product or offering any service at any time. LapaTOON.com reserves the right to set limits or restrict your access to some or all products and services without liability or prior notice.
By accessing LapaTOON.com website, you agree
· not to use or resell LapaTOON products and services protected by copyright
· not to use media content for any commercial purpose
· not to use personalization to spend SPAM, offensive messages, or inappropriate content
· you are 18 years of age or older, or have the permission of a parent/legal guardian to make purchases online
All media content displayed at LapaTOON.com, including text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is protected by LapaTOON.com copyright and is the property of LapaTOON LLC. Media content in its entirety and the compilation of all digital materials is protected by United States and international copyright laws.
LapaTOON.com does not permit modification, publishing, transfer, sale, reproduction, or recreation of media content and products. You may not distribute, display, or incorporate media content of LapaTOON.com at another web site or otherwise use any content without a written permission of LapaTOON LLC. This prohibition applies to but not limited to the use or recreation of proprietary characters on any media.
LapaTOON.com Member Conduct
You grant or warrant that all media content you submit to LapaTOON.com is royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. You warrant that such media content provided to LapaTOON.com is use for the sole purpose of incorporating it into a product ordered by you.
You agree that LapaTOON.com is not required to prescreen and filter content you submit, but LapaTOON.com has the right to use its sole discretion to remove any content provided by you or refuse to accept it for personalization of products and services offered at LapaTOON.com if such media content violates the current terms and conditions or is otherwise judged by LapaTOON LLC as objectionable.
You agree that LapaTOON.com has the right to request you to provide evidence of ownership or right to use media materials submitted for personalization of products and/or services at LapaTOON.com online store. If you do not provide the evidence of your ownership or the right to use media materials or LapaTOON.com deems such evidence insufficient, LapaTOON.com reserves the right to suspend shipping related that media content and share the information regarding the situation with relevant authorities and governmental third-parties.
You agree that LapaTOON.com may preserve and disclose content you provide if LapaTOON LLC is required to do so by law or such a disclosure is deemed reasonably necessary to comply with legal process and/or protect the rights and personal safety of LapaTOON.com users and the public.
You may not use any program or script to automate the process of sending or viewing any of the media content on LapaTOON.com online store. LapaTOON.com reserves the right to limit or increase, in its sole discretion and without prior notice, the number of cards that you may send via LapaTOON.com.
If LapaTOON.com determines your violation of the current terms & conditions or member conduct policies, LapaTOON.com, in its sole discretion, may block you and associated accounts created by LapaTOON.com website from using any or all services and purchasing products at LapaTOON.com. LapaTOON.com may terminate subscription without any compensation or refund if LapaTOON LLC determines any violation of terms and conditions.
LapaTOON.com reserves the right to disclose to third parties, including but not limited to product recipients or law enforcement authorities, relevant information about communication (sender name, account data, cookies, IP addresses, service use history, and other information deemed necessary by LapaTOON.com) if assistance is requested for investigation of violations of the member conduct policy. LapaTOON.com reserves the right to make such disclosures without prior notice to you. By using LapaTOON.com services and purchasing products, you irrevocably consent to such disclosures.
Purchase of Products/Services
You agree to pay fees and charges that you incur through your purchase at the time or the purchase and at the rates in effect for the period when such fees and charge occurred. LapaTOON.com does not refund or offer credits in cases when the price for a product or service previously purchased by you was decreased or offered at a discounted rate as part of the promotional offer. All products purchased with personalization and promotional offerings are non-refundable.
Liability & Warranties
Under no circumstances, including but limited to its own negligence, LapaTOON.com is liable for any direct, indirect, consequential, special, or exemplary damages resulting from the use of, or the inability to use, the materials in this site. If applicable laws may not allow the limitation of liability, incidental or consequential damages, the stated limitation may not apply to you. In no event, LapaTOON LLC liability to you for all damages, losses, and causes of action shall exceed the amount paid by you for accessing this website.
All media content at LapaTOON.com website is provided “as is” and without warranties of any kind. LapaTOON.com disclaims all warranties, including implied warranties of merchantability and fitness for specific purpose and non-infringement. LapaTOON.com does not guarantee or warrant that all or any of the functions contained in the materials, products, or services will be error-free and without interruption, that defects in products will be corrected, or that the website or server is free of viruses. You (not LapaTOON.com) assume the entire cost and related expenses of necessary servicing and repair. If applicable law does not allow the exclusion of the above warranties, this exclusion may not apply to you.
Product Information Disclaimer
LataTOON.com is committed to providing accurate information at the website. Sometimes, you can locate mistyped words, find inaccuracies, or encounter omissions in product descriptions, prices, or stock availability. LapaTOON.com may correct and update any information in product description and pricing without any notice, including changes and updates for products you have already ordered. LapaTOON.com reserves the right to cancel submitted orders if they are not available in stock or delivery to your area is impossible.
Text Messaging Terms and Conditions
By using LapaTOON.com services or making purchase at this website, you expressly consent to grant the permission to LapaTOON and its affiliates or agents to contact you at the number you provide regarding products, services, shipping, billing, or other order-related matters. LapaTOON.com may contact you via live, automated, or prerecorded telephone calls, text, or email. You can revoke this consent through any reasonable mean at any time. LapaTOON LLC and its agents or affiliates may contact you with information about LapaTOON products, services, special offers, rewards, or other information related to LapaTOON.com website.
The number of messages sent by or on behalf of LapaTOON.com may vary but will not exceed 5 (five) LapaTOON-initiated messages per month. LapaTOON.com does not impose any additional fee for sending text messages.
To opt-in or opt-out to receive messages from LapaTOON.com, please follow the instructions provided in your personal account at LapaTOON.com. To receive messages sent by LapaTOON.com, you must be a resident of the United States and 18 years of age or older.
You represent that the mobile phone number you provide during registration or later modify or otherwise change at LapaTOON.com belongs to you. In case of phone number change, you are responsible for notifying LapaTOON.com about it by adding a new phone number in your personal account at LapaTOON.com. You agree LapaTOON LLC is not responsible for either claim, expense, or damage related to or caused by your failure to notify LapaTOON about your decision to opt-out or change the contact phone number. You agree LapaTOON LLC is not liable for claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act, Telemarketing Sales Rule, and other applicable federal and state laws. LapaTOON.com may suspend or terminate your receipt of text messages if LapaTOON LLC believes you are in breach of these terms and conditions.
Electronic Messaging Terms and Conditions
You agree that LapaTOON.com may issue notices and send messages via different channels, including via emails and to an address you provide at the website in your personal account or through email correspondence.
You agree that LapaTOON.com may send legal notices and notifications pertaining to your order via your email. If you do not agree to receive email notifications, do not purchase LapaTOON.com products and services. LapaTOON.com does not provide paper copies of documents other than the receipts and order-related information required for shipping and delivery. You may update your electronic contact information at your personal account at any time.
Terms and Conditions Update Notices
LapaTOON.com has the right to update and change these Terms and Conditions at any time without prior notification. Please visit this page periodically to ensure you agree to the most recent version of this document.
LapaTOON.com reserves the right to terminate these Terms and Conditions without prior notice if LapaTOON LLC determines you do not comply with them. If this agreement between LapaTOON.com and you is terminated, you are obliged to destroy all materials and their copies obtained from LapaTOON.com.
Disputes and Jurisdiction
If you fail to company with the Terms and Conditions outlined in this agreement, LapaTOON.com reserves the right to terminate your account, limit access to the website, and suspend the delivery of the product.
This agreement is governed with the laws of the State of Florida and does not affect any principle of conflicts of law. Any conflicts related to your visit to LapaTOON.com, purchase or quality of products and services shall be submitted to confidential arbitration in Miami, Florida. LapaTOON.com may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association.
If either statement in these Terms and Conditions shall be unlawful, void, or unenforceable, such statements should be deemed severable from this agreement and have no impact on the validity of the remaining statements.
LapaTOON.com respects intellectual property of others. All media content materials presented at LapaTOON.com are protected by LapaTOON LLC copyright and patents. If you have valid reasons to believe any media content at LapaTOON.com constitutes copyright infringement or violates intellectual property rights of you or another party, please immediately contact LapaTOON.com at the address provided below and provide the following information: 1) electronic/physical signature of a person acting on behalf of the owner of the copyright or intellectual property, 2) description of the copyrighted or patented piece that you claim has been infringed, 3) description or link to the material on the LapaTOON.com website, 4) your address, phone number, and email address, 5) a statement specifying your claim on copyrighted or patented materials.
LapaTOON LLC Legal Address
1014 GATEWAY BLVD STE 106
Boynton Beach, FL 33426