TERMS OF SERVICE

 

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OVERVIEW

 

This website is operated by Rent Party Characters. Throughout the site, the terms “we”, “us” and “our” refer to Rent Party Characters. Rent Party Characters  offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our website is hosted on Xurli WordPress Software. They provide us with the online PayPal payment capabilities that allow us to sell our services to you through PayPal.

 

SECTION 1 – SERVICE & BOOKING TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Complete payment is not required when booking a character for a party: Once your deposit has been received, your reservation will be scheduled, depending on what city your event will be held at will determine how much the balance will be due as cash upon arrival on the day of your event. Your card will not be charged the full amount only the deposit to book your date of your event. Disclaimer: All Deposits are non-refundable. Should you need to postpone the visit for any reason we require at least 48 hours notice before your party’s scheduled date and time. You may then postpone the visit for up to one year from the date of your party.

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Cartoon Character Package:  We offer a full 1 hour, 1 1/2 hour  and 2 hour visits from the character of your choice.  We supply the music, as well as a sound system for your convenience.  The entertainer can dance with everyone, and of course pose for all the pictures you desire.  Our character will also pass out candy surprises that we supply during the visit and also stay for a cake cutting all within the hour. We can also customize the character visit just for you. Temporary tattoos and balloon animals are performed outside the costume please book your package accordingly to your needs. Our entertainer will arrive out of costume and requires a room with a mirror to put on and take off the costume at your event. Please understand that most of our cartoon characters are mascot head pieces and restrict the entertainer from being able to speak while in the costume. It gets very hot inside mascot costumes and a shaded area and water are required at all times for our entertainers.

 

Princess Package:  We offer a full 1 hour, 1 1/2 hour and 2 hour visits from the princess of your choice. This package includes princess theme music,sound system, dancing, posing for pictures with your cameras,story book reading, candy giveaways, signing autographs,hair braiding,  and a cake cutting/sing-along opportunity. Temporary tattoos and balloon animals are performed by our princess outside her costume so please book your package accordingly. She will arrive out of costume and will need a room with a mirror to put on and take off the costume at your event.

 

Superhero Package: Our superhero costumes are top notch movie edition quality costumes. We supply superhero theme music and a sound system for your convenience. The superhero will incorporate all the children in his routine as, leads a superhero parade, the limbo, a superhero class, and more. He will pose for all the pictures you desire, sign autographs and pass out candy surprises that we supply during the visit and stay for a cake cutting all within the hour. We can also customize the superhero appearance just for you.

 

We must confirm with each client that they understand that we are in no way affiliated with Disney, Marvel, Sony Pictures, Viacom, Nickelodeon or other trademarked companies. Our character creations are our own. Our costumes are uniquely handcrafted. We do not rent or sell any trademarked products nor material, fringing on any copyright every necessary precaution to avoid doing so. Please note that it is not our intention to violate any copyright laws, so we attempt to make our characters different from well known, licensed, patented and or copyrighted characters using uniquely designed costumes and names of our own characters. Should you have the need for any licensed, patented/copyrighted characters at your event, we ask you to please contact the company/copyright licensed holders for your specific targeted character. We do not offer any licensed costumed characters from TV or movies.  The characters that we offer are not name brand copyrighted characters and are named of our own creation. Any resemblance to nationally known copyrighted characters is strictly incidental. If you have any questions regarding this issue, we encourage you to contact us. In addition, we will only accept bookings from individuals who are aware that we do not offer nor represent any licensed characters from TV or movies.

 

We require a one hour arrival window and start time. This means that if you should select for example 1 PM then entertainer can arrive anytime between 1pm and 2pm. Once the entertainer arrives, he/she will begin and then stay for booked package time. Arrival between 1pm and 2pm then if the entertainer arrives as early as 1pm he/she will then stay till end of booked package, if they arrive as late as 2pm he/she would then stay for booked package time.

 

Because we service a large area, many cities and towns incur a travel fee. This travel fee will be added to the total cost of the package and paid to the entertainer upfront before entertainment starts on the date of your event. Deposits are nonrefundable.

 

The face paint used by our entertainers is FDA approved as make-up and can be removed with soap and water. Disclaimer: It is mutually understood that candy can be a “Choking Hazard”. It is at the discretion of our entertainer, not to provide candy or any party favors to children 5 years old and younger. The customer takes full responsibility for any injuries or legal actions that may occur.

 

Please make sure all guests are on their best behavior. Performers reserve the right to leave the event due to inappropriate or hostile behaviors, which include but are not limited to verbal or physical abuse, pushing, hitting, pulling on entertainer or the costume etc. It is the host and the other parents attending the party’s responsibility to supervise their children during the entertainment.

 

Please have a room or area for our entertainer to change with a mirror. Also our performers require a; cool shaded area, not in direct sunlight, free of dirt, mud, sand or aggressive wind and rain. (Dry grassy areas are fine.) Due to the quality of our costumes we cannot perform in elements that may be damaging to our costumes. Performers reserve the right to leave the location if she/he is being subject to damaging conditions or excessive heat. Have a alternate location prepared in case of inclement weather.

 

Should any concerns arise with regards to our services or the quality of our services rendered we require that you contact us while the entertainer is present at your event. This allows us an opportunity to make any adjustments therefore resolving any issues. Once the entertainer leaves your event it is mutually assumed and agreed that you, as the customer, were satisfied with our services.

 

We have many actresses and actors that portray our characters. Please be aware that you may not receive the same actress/actor as pictured on our website or at prior events. Specific entertainers cannot be guaranteed.

 

The agreement of the entertainer to perform is subject proven to detention by sickness, accidents, or accidents to means of transportation, riots, strikes, epidemics, acts of God or any other legitimate conditions beyond the control of the entertainer or this company. Should the entertainer not arrive within the agreed one hour time span then the deposit is refundable, however should you decide to allow the performer to entertain at your event then the deposit is not refunded and full balance is due as cash upon arrival. We are fully insured company.

 

Our employees are very experienced and talented actors who take their roles as costume entertainment very seriously. We ask that you deliver your upmost respect to our entertainers at all times.   

 

SECTION 2 – GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our services are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – SERVICES (if applicable)

 

Certain services may be available exclusively online through the website. These services may have limitations and  are subject to change or cancellation.

 

We have made every effort to display as accurately as possible the images of our characters that appear on the site.

 

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the amount of any services that we offer. All descriptions of Characters or Character pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.

 

We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 7 – OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Rent Party Characters , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Rent Party Characters  and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 – SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 – ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 2145 Orchard Dr., South Plainfield, NJ, 07080, United States.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20  – CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at rentpartycharacters@gmail.com.