FANDANGO FANSHOP POLICY
This Fandango FanShop Policy (this "FanShop Policy") was last updated on: October 24, 2018. When we say "our", "us", "we" or "Fandango" in this FanShop Policy, we mean Fandango Media, LLC or its subsidiaries, provided that all Merchandise sales are made by Fandango Merchandising, LLC. When we say "Services" or "Site" in this FanShop Policy, we mean websites operating under the Fandango, FandangoNOW, Rotten Tomatoes, Flixster, Movieclips, Movies.com, Activaterewards.com, Fandango FanShop, MovieTickets (including but not limited to MovieTickets.com and MovieTickets.co.uk), or M-GO brands or other brands that we own, as well as those of our websites, applications, emails and other communications that link to or reference this FanShop Policy or other Fandango Terms and Policies or the other services provided through any of these means. This FanShop Policy is subject to, and shall also include, the other Fandango Terms and Policies.
NOTICE OF ARBITRATION PROVISIONS: Your purchase of merchandise or other use of our Services is subject to binding individual arbitration of any disputes which may arise, as provided in the Arbitration section below as well as in the Fandango Terms and Policies. Please read the arbitration provisions carefully and do not purchase merchandise from Fandango or otherwise use our Services if you are unwilling to arbitrate any disputes you may have with us as provided below.
Our goal at Fandango is to make your experience purchasing merchandise ("Merchandise") within the "FanShop" online store (the "FanShop Store") as easy and enjoyable as possible. This FanShop Policy is designed to provide you with much of the information you need. Please take a minute to read the following:
In order to purchase Merchandise you must be at least eighteen years of age. Use of the FanShop Store is limited to persons who are legal residents of the United States, who have a valid Fandango account. The FanShop Store is solely for your personal, non-commercial use. Fandango reserves the right to reject, cancel or invalidate any order if, in Fandango's sole and absolute discretion, it cannot fulfill the order for any reason whatsoever or the price of Merchandise is mismarked.
Merchandise Descriptions. While Fandango uses reasonable efforts to include up to date information on the Site and other Services, including the FanShop Store, Fandango makes no warranties as to its accuracy, timeliness, reliability, or completeness.
Merchandise Availability; Pricing. Pricing for Merchandise are quoted and payable in U.S. Dollars. We cannot confirm the availability of any Merchandise. We additionally cannot confirm the price of any Merchandise until you place an order. We cannot guarantee any Merchandise will remain available, or that such Merchandise will be available at any particular price for any period of time.
By using the FanShop Store, you are expressly agreeing that Fandango is authorized to charge you any applicable purchase fees, taxes, shipping or handling charges, service fees or any other charges in connection with your purchase of the Merchandise. The FanShop Store accepts a variety of payment methods, including most major credit cards and debit cards. The FanShop Store does not currently accept Fandango Gift Cards. All debit and credit cards must be issued in the United States of America. Fandango does not accept "Single-Use" card number security products.
NO REFUNDS OR EXCHANGES
Merchandise is not refundable or exchangeable, and there will be no refunds or exchanges for items purchased in the FanShop Store.
DELIVERY/RISK OF LOSS.
Fandango will not ship Merchandise outside of the United States. You shall pay any and all freight, shipping and any other affiliated charges or duties associated with delivery of the Merchandise. You assume any and all risk of loss upon delivery of any Merchandise by Fandango or its supplier to the common carrier. Insurance will not be provided by Fandango or its supplier on any Merchandise while in transit. Neither Fandango nor its suppliers shall assume liability in connection with the shipment, nor shall the carrier be construed to be the agent or representative of Fandango or its suppliers. Fandango, or its suppliers, may ship partial shipments of any Merchandise order at its sole and absolute discretion. Fandango is under no obligation to provide notice of any expected delay for any shipment or delivery. Any estimates of shipping or delivery dates displayed or discussed online are preliminary good-faith estimates and shall in no way be binding or create any representation or warranty by Fandango.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE FANSHOP STORE AND ALL MERCHANDISE, MERCHANDISE DESCRIPTIONS, PRICING, AND OTHER INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANDANGO, ITS AFFILIATES, SUPPLIERS, AGENTS AND LICENSORS (COLLECTIVELY, THE "FANDANGO PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER THE FANDANGO PARTIES MAKE NO WARRANTY AS TO THE ACCURACY OR RELIABLITY OF ANY INFORMATION OBTAINED THROUGH THE FANSHOP STORE (INCLUDING THIRD PARTY DESCRIPTIONS OR MERCHANDISE), THAT ANY DEFECTS IN THE FANSHOP STORE WILL BE CORRECTED. SOME JURSIDICTIONS DO NOT PERMIT THE DISCLAIMER OR LIMITATION OF CERTAIN WARRANTIES, SO CERTAIN OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE ABOVE PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The laws of the United States of America prohibit the export of certain products, software and data to particular persons, territories and foreign states. Nothing from the FanShop Store may be exported, in any way, in violation of United States law.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to the Fandango Terms and Policies, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services (including the FanShop Store), (ii) any Merchandise purchases or other purchases, transactions or relationships with Fandango, or (iii) any data or information you may provide to Fandango or that Fandango may gather in connection with such use, interaction or transaction (collectively, "Fandango Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Fandango Transactions or Relationships with us, you agree to binding arbitration as provided in the Fandango Terms and Policies.
CHANGES TO THE FANSHOP POLICY
From time to time, we may revise this FanShop Policy. You can determine when this FanShop Policy was last revised by referring to the top of this page. Any changes to this FanShop Policy will become effective upon posting of the revised FanShop Policy on the Internet, accessible through the Services. By purchasing Merchandise through the FanShop Store or otherwise continuing to use the Services following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this FanShop Policy, as it may be amended from time to time, please do not purchase Merchandise from the FanShop Store or continue using the Services. Fandango shall not be liable to you in any way for any value or benefits you may lose as a result of any changes to this FanShop Policy. In the event the FanShop Store is suspended or discontinued, or you terminate your Fandango account, you will not be able to view your Merchandise purchase history. To the extent that an arbitrator or court of applicable jurisdiction determined that applying any changes to this FanShop Policy would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid this FanShop Policy being deemed illusory or unenforceable.
If you have any questions about the information above, please contact us by email at firstname.lastname@example.org.