- Terms of Service, Shipping & Returns Policies
Terms of Service, Shipping & Returns Policies
ACME Novelties LLC & FakeUltrasounds.NET
Terms of Service, Shipping, Returns and Refunds Policies
We guarantee all of our products to be free from errors that we make. If we make an error, we will send you a new order the next day. Due to the nature of personalized products our return policy is limited. Every product you personalize is made for you. We cannot resell that product if you return it. If you make an error on your personalization form, we cannot refund or accept a return. You must be careful and sure of what you type on your forms. We DO NOT replace orders if you make an error.
We can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.
We offer USPS Priority Mail and USPS Express Overnight Shipping options. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.
All orders will be shipped out within 72 hours. Please allow for weekends and holidays. Sometimes we ship them as soon as a few hours after you order. If you order any of the Express options, your order will go to the top of the que, it becomes a priority order to us.
TOS Terms of Service
TOS (terms of service) include but are not limited to the following points:
Agreement to not use products for fraudulent purposes. Agreement to not use products in states/municipalities/countries where prohibited. Agreement to not use real names of persons or institutions where prohibited. Agreement to hold ACME Novelties LLC/FakeUltrasounds.NET harmless if products are used illegally.
ACME Novelties LLC/FakeUltrasounds.NET offers to customers personalized products, as well as a host of value added services, as may be more fully described herein and at FakeUltrasounds.NET (the "Site"), as such descriptions may be changed from time to time. In order for You, the customer, to obtain or continue using those certain FakeUltrasounds.NET services, You must agree to and accept the terms and conditions of this agreement (the "Agreement"). The Agreement sets out the terms and conditions under which you may utilize the FakeUltrasounds.NET Services. Please read this Agreement carefully. It is important that You understand that upon Your acceptance of this Agreement, by continuing to use any of the FakeUltrasounds.NET Services and/or by clicking on the "I AGREE" button at the end of this Agreement, it becomes a legally binding contract.
By continuing to use any of the FakeUltrasounds.NET Services and/or by selecting the "I AGREE" checkbox You represent that You have reviewed and understand the Agreement and agree to be legally bound by all its terms and conditions (including the terms and conditions stated on web pages incorporated by reference herein). If You do not agree or are not willing to be bound by the terms and conditions of this Agreement, please do not click on the "I AGREE" button and do not seek to obtain or continue using the FakeUltrasounds.NET Services.
NOW THEREFORE, You agree as follows:
- • Your Capacity and Related Matters. By accepting the terms and conditions of this Agreement, You represent and warrant that (a) You are 18 years of age or older, (b) all order-related information You have provided to FakeUltrasounds.NET is true and correct in all respects, and (c) You further represent and warrant that You have the legal authority to accept the terms and conditions of this Agreement and that such acceptance will be binding. FakeUltrasounds.NET reserves its right, in its sole discretion, to refuse to provide You with any FakeUltrasounds.NET Service
- • Undertakings of FakeUltrasounds.NET. FakeUltrasounds.NET Grant. FakeUltrasounds.NET hereby grants You a non-exclusive, royalty-free, fully-paid up right, to use the FakeUltrasounds.NET Services for PERSONAL, NON-PROFIT, NON-COMMERCIAL use, subject to the restrictions herein and any other restrictions communicated by FakeUltrasounds.NET to You, only as necessary to perform hereunder and for no other purpose.
- • FakeUltrasounds.NET Services. FakeUltrasounds.NET shall provide the FakeUltrasounds.NET Services to You in all material respects in accordance with the terms and conditions of this Agreement.
- • Undertakings of You. Compliance with Law and FakeUltrasounds.NET Guidelines. In connection with the exercise of Your rights and obligations under this Agreement (including, without limitation, any related to individual privacy), You will comply, at Your own expense, with all laws, policies, guidelines, regulations, ordinances, rules applicable to You, Your business or the Transactions and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof. In addition, You shall comply with all the current policies, procedures and guidelines of FakeUltrasounds.NET governing the FakeUltrasounds.NET Services. You shall not use the FakeUltrasounds.NET Services in any manner, or in furtherance of any activity that may cause FakeUltrasounds.NET to be subject to investigation, prosecution, or legal action.
- • Intellectual Property. FakeUltrasounds.NET. The parties agree that FakeUltrasounds.NET owns and retains all right, title and interest in and to the FakeUltrasounds.NET Marks, FakeUltrasounds.NET Services, graphic images, pictures, drawings, texts, programming code, phrases, and layouts and any related technology utilized under or in connection with this Agreement, including but not limited to all intellectual property rights associated therewith. No title to or ownership of any of the foregoing is granted or otherwise transferred to You or any other entity or person under this Agreement. You will not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or trade secrets for any of the FakeUltrasounds.NET Services or related technology.
- • Chargebacks: There is a growing number of customers in the US and abroad who have discovered that they can sometimes trick a business into refunding on a perfectly good product by filing a Chargeback with their credit card issuer. The most common trick is to claim the item wasn't received. Due to this growing problem, FakeUltrasounds.NET collects a delivery signature on ALL deliveries since early 2008. Another trick often employed by dishonest customers is to claim they did not place the order at all. In those cases we are able to show IP address tracking and thwart this dishonest ploy as well. Unfortunately, even in those cases in which we win a fraudulent chargeback (and we do prosecute fraudulent chargebacks), the effort and time required to fight said chargeback is considerable and, win or lose, we are "fined" for the chargeback by our credit card processing company. Fraudulent transactions are filed as criminal complaints with law enforcement (usually the FBI) and ALL data we have collected from you and about you is forwarded as a part of that complaint.
- • Use of Trademarks. Each party shall strictly comply with all standards with respect to the other party's Trademarks contained herein or which may be furnished by such party from time to time. Further, neither party shall create a combination mark consisting of one or more Trademarks of each party. All uses of the other party's Trademarks shall inure to the benefit of the party owning such Trademark. Each party hereby acknowledges and agrees that, as between the parties, the other party is the owner of the Trademarks identified as its Trademarks in any written notice provided to the other party pursuant to this Agreement. Either party may update or change the list of Trademarks usable by the other party hereunder at any time by written notice to the other party.
- • Mutual Warranties. Each party represents and warrants to the other that (a) it has all necessary right, power and ability to execute this Agreement and to perform its obligations therein; (b) no authorization or approval from any third party is required in connection with such party's execution, delivery or performance of this Agreement, (c) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms, (d) the party's obligations under this Agreement do not violate any law or breach any other agreement to which such party is bound; and (e) it has all right, title or interest, or valid license to use, its respective Marks, and that its grant of rights associated therewith do not violate any intellectual property or other proprietary rights of any third party.
- • WARRANTY. FakeUltrasounds.NET REPRESENTS AND WARRANTS THAT THE FakeUltrasounds.NET SERVICES WILL CONFORM IN ALL MATERIAL RESPECTS TO THE APPLICABLE DOCUMENTATION MADE AVAILABLE TO YOU BY FakeUltrasounds.NET. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE FakeUltrasounds.NET SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. FakeUltrasounds.NET DOES NOT REPRESENT OR WARRANT THAT THE FakeUltrasounds.NET SERVICES WILL BE AVAILABLE, ACCESSIBLE, or UNINTERRUPTED. YOU EXPRESSLY ACKNOWLEDGE THAT THE FakeUltrasounds.NET SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, FakeUltrasounds.NET SHALL USE COMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WITHIN ITS CAPACITY, THAT ARE NECESSARY TO ENABLE THE FakeUltrasounds.NET SERVICES TO PERFORM THEIR INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT FakeUltrasounds.NET DOES NOT WARRANT THAT SUCH EFFORTS WILL BE SUCCESSFUL. IF FakeUltrasounds.NET'S EFFORTS ARE NOT SUCCESSFUL, YOU MAY TERMINATE THIS AGREEMENT. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND FakeUltrasounds.NET'S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES IN THE FakeUltrasounds.NET SERVICES. FakeUltrasounds.NET DOES NOT WARRANT THE SERVICES OF ANY THIRD PARTY.
- • Your Warranties. You represent and warrant to FakeUltrasounds.NET that: All representations and statements made by You in this Agreement, or in any other document relating hereto by You or on Your behalf, are true, accurate and complete in all material respects. You hereby authorize FakeUltrasounds.NET to investigate and confirm the information submitted by You herein. For this purpose, FakeUltrasounds.NETm may utilize its own agents.
- • You will comply with all laws, policies, guidelines, regulations, ordinances or rules applicable to You and your use of all services and/or products supplied by FakeUltrasounds.NET, without limitation.
- • LIMITATIONS OF LIABILITY AND DISCLAIMERS.
- • DISCLAIMER. FakeUltrasounds.NET EXPRESSLY DISCLAIMS ANY LIABILITY FOR LOSS ARISING FROM OR RELATED TO THE FakeUltrasounds.NET SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND FakeUltrasounds.NET'S REASONABLE CONTROL. YOU EXPRESSLY AGREE THAT FakeUltrasounds.NET SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM: (I) A THIRD PARTY'S INFILTRATION OF FakeUltrasounds.NET SERVICES, SYSTEMS OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, VIA DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY; (II) DISRUPTION, DAMAGE, INTERCEPTION, UNAUTHORIZED ACCESS TO OR EXPROPRIATION OF THE FakeUltrasounds.NET SERVICES, OR ANY SYSTEM, PROGRAM, DATA, TRANSACTION OR PERSONAL INFORMATION BELONGING TO FakeUltrasounds.NET, YOU OR ANY THIRD PARTY; (III) THE LIMITATION OF THE FUNCTIONING OF ANY SOFTWARE, HARDWARE, EQUIPMENT OR SERVICE; OR (IV) ACTIONS OR INACTIONS BY ANY THIRD PARTY.
- • EXCLUSION. IN NO EVENT WILL FakeUltrasounds.NET OR ANY OF ITS PARENTS, AFFILIATES OR VENDORS (OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF THE PARTIES, OR ITS PARENTS, AFFILIATES OR VENDORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (HOWEVER ARISING), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST PROFITS, ANTICIPATED PROFITS, LOST BUSINESS OR INJURY TO BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT, CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- • LIMITATION. EXCEPT AS OTHERWISE LIMITED, THE TOTAL LIABILITY OF FakeUltrasounds.NET TO YOU (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE) UNDER THIS AGREEMENT OR WITH REGARD TO THE FakeUltrasounds.NET SERVICES OR ANY OTHER ITEMS PROVIDED BY FakeUltrasounds.NET UNDER THIS AGREEMENT, WILL IN NO EVENT EXCEED THE AGGREGATE COMPENSATION FakeUltrasounds.NET RECEIVED FOR PROVIDING THE FakeUltrasounds.NET SERVICES TO YOU DURING THE THIRTY DAYS PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR $1,000, WHICHEVER IS LESS.