Terms of Service

These Terms and Conditions of Service (“Terms of Service”) govern your membership on munchkinsandmoonpies.com and its associated mobile sites (the “Munchkins & Moonpies Sites” or the “Sites”) and your purchases and use of products and services available through the Munchkins & Moonpies Sites (collectively, “Munchkins & Moonpies”).

Throughout the Site, the terms “we,” “us” and “our” refer to Munchkins & Moonpies. Munchkins & Moonpies offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

GENERAL

These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Munchkins & Moonpies, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You shall establish and use your membership on the Munchkins & Moonpies Sites, and purchase and use the products and services available through the Munchkins & Moonpies Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Munchkins & Moonpies may be recorded.

Licenses and Site Access

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Munchkins & Moonpies, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.

Munchkins & Moonpies grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Munchkins & Moonpies or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Munchkins & Moonpies Group’s sole discretion. Munchkins & Moonpies Group strictly prohibits any other use of any content available through the Site, including but not limited to:

any downloading, copying or other use of the content or the Site for purposes competitive to Munchkins & Moonpies or for the benefit of another vendor or any third party;
any caching or the framing of any content available on the Site;
any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
any action that imposes or may impose (in Munchkins & Moonpies’s sole discretion) an unreasonable or disproportionately large load on Munchkins & Moonpies’s infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Munchkins & Moonpies.

Munchkins & Moonpies reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Munchkins & Moonpies neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Munchkins & Moonpies. Termination of your access or use will not waive or affect any other right or relief to which Munchkins & Moonpies may be entitled, at law or in equity.

LINKS

This Site may contain links to other websites or resources that are operated by third parties not affiliated with Munchkins & Moonpies. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Munchkins & Moonpies is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

Access to Password Protected Site Features

Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Munchkins & Moonpies immediately. Munchkins & Moonpies may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.

Electronic Communications

When you use the Site or send emails to Munchkins & Moonpies, you are communicating with Munchkins & Moonpies electronically. You consent to receive electronically any communications related to your use of this Site. Munchkins & Moonpies will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Munchkins & Moonpies intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Munchkins & Moonpies Sites.

Indemnities

You will indemnify and hold harmless Munchkins & Moonpies from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Munchkins & Moonpies and such parties, and shall defend Munchkins & Moonpies and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (3) fraud you commit, or your intentional misconduct or gross negligence; or (4) your violation of any applicable U.S. of foreign law or the rights of a third party. Munchkins & Moonpies will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Munchkins & Moonpies.

Content You Submit

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:

is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
may contain software viruses or malware;
contains advertisements or solicitations of any kind, or other commercial content;
is designed to impersonate others;
contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
contains messages by non-spokesperson employees of Munchkins & Moonpies purporting to speak on behalf of Munchkins & Moonpies or containing confidential information or expressing opinions concerning Munchkins & Moonpies;
contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
contains multiple messages placed within individual folders by the same user restating the same point;
contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

With respect to any content you submit or make available through the Site (other than personal information, you grant Munchkins & Moonpies a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Munchkins & Moonpies.

DATA INTEGRITY

You represent that all of the information, data and other materials you provide on this Site or to Munchkins & Moonpies through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

MUNCHKINS & MOONPIES MEMBERSHIP

You represent that all of the information, data and other materials you provide on this Site or to Munchkins & Moonpies through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

Establishing a Membership

You may establish membership on the Munchkins & Moonpies Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Munchkins & Moonpies’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

Use of Membership

You shall not use your Munchkins & Moonpies membership for any purpose competitive to Munchkins & Moonpies. Notify Munchkins & Moonpies Support immediately if any unauthorized use of your Munchkins & Moonpies membership or the Munchkins & Moonpies Sites known to you, whether by you or a third party.

Membership Termination

You may cancel your Munchkins & Moonpies membership at any time by contacting Munchkins & Moonpies Support. Munchkins & Moonpies may terminate your membership and refuse any and all current or future use of the Munchkins & Moonpies Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that Munchkins & Moonpies determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Munchkins & Moonpies determines, in its sole discretion, that you are using your Munchkins & Moonpies membership in a manner not permitted by these Terms of Service or the Terms of Use, or (4) in other circumstances, as Munchkins & Moonpies deems appropriate in its sole discretion.

PURCHASES

You represent that all of the information, data and other materials you provide on this Site or to Munchkins & Moonpies through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

Order Processing

Munchkins & Moonpies may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Munchkins & Moonpies deems appropriate in its sole discretion. Munchkins & Moonpies also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Munchkins & Moonpies will either not charge you or refund the charges for orders that we do not process or cancel.

Product and Service Descriptions

Munchkins & Moonpies strives to provide accurate descriptions of products and services on the Munchkins & Moonpies Sites. Munchkins & Moonpies does not guarantee, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Munchkins & Moonpies Sites is not as described, your sole remedy is to return the item.

Pricing Information

Munchkins & Moonpies strives to provide accurate pricing information regarding the products and services available on the Munchkins & Moonpies Sites. We cannot, however, insure against pricing errors. Munchkins & Moonpies reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Munchkins & Moonpies will notify you by email. In addition, Munchkins & Moonpies reserves the right, at its sole discretion, to correct any error in the stated full retail price.

RETURN POLICY

Some products purchased on Munchkins & Moonpies come with a manufacturer’s warranty. These products will have the manufacturer warranty listed on the groupie page.

Products purchased on Munchkins & Moonpies that do not come with a manufacturer’s warranty will be subject to a 30-day return policy detailed below.

In the event a product exhibits a manufacturing defect or arrives damaged, Munchkins & Moonpies will allow members to return their product for a full refund. The issue must be reported to Munchkins & Moonpies Support no more than 30 days after the item is received. Claims submitted beyond this 30-day period will not be eligible for return.

No replacements will be sourced.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement of between you and Munchkins & Moonpies regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control.

Site-Provided Email and Postings

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Munchkins & Moonpies is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. Munchkins & Moonpies, in its sole discretion, may monitor, not post or remove any such content.

SEVERABILITY

If any provision of these Terms of Service is deemed unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

MODIFICATION OF TERMS OF SERVICE

You acknowledge and agree that Munchkins & Moonpies may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Munchkins & Moonpies membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.Munchkins & Moonpies.com/terms. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.

EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your Munchkins & Moonpies membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.

EFFECTIVE DATE

March 25th, 2017