This page states the Terms Of Service under which to purchase and use novelty identification cards for sale through BudgetFakes, (the “Novelty ID(s)”). Please read this page carefully, as it constitutes a legally binding agreement between you and BudgetFakes, (the “Company”). In consideration of the Company’s agreement to sell you Novelty ID(s), you agree to be bound by these Terms and Conditions, and you indicate such agreement by submitting an order form as stated on the order form “By submitting this form you have read and agree to the Terms Of Service”. You and the Company are each referred to as a “Party” and collectively the “Parties”.
Your Representations and Warranties.
You hereby represent and warrant that: a. You are at least eighteen (18) years of age; b. You understand and acknowledge that the Novelty ID(s) are intended to be used solely for entertainment purposes and are not intended or designed to be used as, or represented to be, evidence of your identity, likeness or age; and c. You will not use the Novelty ID(s) (1) for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity; (2) in violation of any applicable law or regulation, (3) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or (4) any conduct or activity that is, in the sole opinion of the Company, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortuous or vocative of the rights of any other person or entity.
Responsibility for Novelty ID(s).
You shall be solely responsible for, and the Company shall have no liability whatsoever for, any loss or damage arising from your purchase, possession or use of any Novelty ID(s) or the possession or use by any third party of any Novelty ID(s) purchased by you, regardless of whether such possession or use was authorized by you. You will defend, indemnify and hold harmless the Company, its directors, partners, officers, employees and agents (collectively “Indemnities”) against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnities arising from or in connection with (I) your purchase, possession or use of any Novelty ID(s), including without limitation any claims, liability, loss, damage, harm suffered by such Indemnities arising from or in connection with the possession or use by any third party of any Novelty ID(s) purchased by you, regardless of whether such possession or use was authorized by you, or (ii) your breach of these Terms and Conditions. You hereby release the Indemnities from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your purchase, possession or use of any Novelty ID(s) or the possession or use by any third party of any Novelty ID(s) purchased by you, regardless of whether such possession or use was authorized by you. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You acknowledge that the Novelty ID(s) are provided to you “as is”, “with all faults” and “as available”. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE NOVELTY ID(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED. The Company expressly reserves the right to change any aspect of any Novelty ID(s) (including without limitation the physical appearance, materials or construction methods) at any time without notice to you.
You acknowledge that the Novelty ID(s) are made to order based upon the information you provide to the Company at the time of your order. You are solely responsible for ensuring that all such information is provided to the Company in a complete, accurate and legible form. The Company shall have no obligation to contact you to verify the accuracy of any information provided (including without limitation verifying the spelling thereof) or to acquire missing or omitted information, and the Company shall have no liability whatsoever for any errors, defects or nonconformities in any Novelty ID(s) which are attributable, in whole or in part, to your failure to provide complete, accurate and legible information. All physical materials you submit to the Company in connection with your order for a Novelty ID, including without limitation any photographs (“Physical Materials”), will become the property of the Company upon the Company’s receipt thereof. You are solely responsible for the physical condition of all Physical Materials, and the Company shall have no liability whatsoever for any errors, defects or nonconformities in any Novelty ID(s) arising from damage to or defects in such Physical Materials, regardless of whether such damage or defects arose before or after the Company’s receipt of the materials.
All fees received for Novelty ID(s) ordered by you become non-refundable once the Company has commenced production of such Novelty ID.
All Novelty ID(s) will be shipped to you via the shipping method we set forth, however, the Company does not represent or warrant that the Novelty ID(s) will be shipped or delivered within any specific time frame. If shipping method chosen on your Order Form is not available, an alternate shipping method will be chosen, at no extra cost to customer; shipping balance is non-refundable. Tracking number will be sent at The Company’s discretion, and is not covered by warranty or guaranteed as part of your order. The Company shall have no liability for any damage suffered by you or any third party as a result of delays in the shipping of, or damage occurring in the course of or as a result of shipping of, any Novelty ID(s), even if the Company was advised of the possibility of such damage.
Limitation on Liability.
Any other provision of this Agreement to the contrary notwithstanding, the liability of the Company for any losses or damage, whether direct or indirect, arising out of these Terms Of Service or your purchase, possession or use of any Novelty ID from any cause whatsoever or in connection with the possession or use by any third party of any Novelty ID(s) purchased by you, regardless of whether such possession or use was authorized by you, including without limitation any cause of action sounding in contract, tort or strict liability, shall be limited to actual, direct damages incurred but in no event shall exceed the fees paid by you to the Company for the Novelty ID in connection with which such liability arose. The Company shall not be liable for lost profits or other consequential damages, cover damages, or for any claims against you by any third party, even if the Company was advised of the possibility of same. Under no circumstances shall the Company be liable hereunder for special damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages. No action arising out of this Agreement, regardless of form, may be brought by you against the Company more than one (1) year after the cause of action arose. This Section 8 shall survive expiration or termination of these Terms and Conditions for any reason whatsoever.
A. Sever ability.
Any provision or portion of these Terms Of Service held or determined by a court (or other legal authority) of competent jurisdiction to be illegal, invalid, or unenforceable in any jurisdiction shall be deemed separate, distinct and independent, and shall be ineffective to the extent of such holding or determination without (I) invalidating the remaining provisions of these Terms and Conditions in that jurisdiction, or (ii) affecting the legality, validity or enforceability of such provision in any other jurisdiction.
C. Governing Law.
These Terms Of Service and the Parties’ respective performances hereunder, shall be construed and regulated in accordance with the laws of Canada. The courts of Canada shall have exclusive jurisdiction over any dispute or claim arising under or by virtue of these Terms Of Service and you hereby consent to the personal jurisdiction of such courts.
D. Force Majeure.
Any delay or non-performance of any provision of these Terms Of Service (other than for non-payment of amounts due hereunder) caused by conditions beyond the reasonable control of the performing Party shall not constitute a breach of these Terms and Conditions, and the time for performance of such provision shall be deemed to be extended for a period equal to the duration of the conditions preventing performance.
You may not assign any portion of these Terms Of Service, voluntarily or involuntarily, including without limitation by operation of law or by merger, except with the express consent of the Company, with such consent not to be unreasonably withheld. Any attempt to do so shall be null and void. No person or entity not a party hereto except for Indemnities other than the Company shall have any interest herein or be deemed a third party beneficiary hereof, and nothing contained herein shall be construed to create any rights enforceable by any other person or third party except Indemnities other than the Company.
F. Entire Agreement.
These Terms Of Service, along with the [Order ], constitute the entire agreement and understanding of the Parties with respect to the subject matter hereof, and is intended as the Parties’ final expression and complete and exclusive statement of the terms thereof, superseding all prior or contemporaneous agreements, representations, promises and understandings, whether written or oral.
G. Binding Agreement.
These Terms Of Service shall be binding upon and insure to the benefit of the Parties and their respective legatees, distributees, legal representatives, successors and permitted assigns.