Last Updated: 01/03/2017 7:35:01 PM (EST)
1. Your Relationship with Molly Bears
1.1 Your use of Molly Bears products, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Molly Bears under a separate written agreement) is subject to the terms of a legal agreement between you and Molly Bears. “Molly Bears” means Molly Bears Inc., whose principal place of business is at 868 Hopwood Lane Virginia Beach, VA 23455, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Molly Bears, your agreement with Molly Bears will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Molly Bears will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Molly Bears in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Molly Bears in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Molly Bears will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Molly Bears, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Molly Bears has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Molly Bears.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Use of the Services by You
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Molly Bears will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Molly Bears, unless you have been specifically allowed to do so in a separate agreement with Molly Bears. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Molly Bears, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that Molly Bears has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Molly Bears may suffer) of any such breach.
5. Your Passwords and Account Security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to Molly Bears for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to change your account password and notify Molly Bears immediately at Contact Us
6. Privacy and Your Personal Information
7. Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Molly Bears (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Molly Bears or by the owners of that Content, in a separate agreement.
7.3 Molly Bears reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
7.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.5 You agree that you are solely responsible for (and that Molly Bears has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Molly Bears may suffer) by doing so.
8. Proprietary Rights
8.1 You acknowledge and agree that Molly Bears (or Molly Bears’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Molly Bears and that you shall not disclose such information without Molly Bears’s prior written consent.
8.2 Unless you have agreed otherwise in writing with Molly Bears, nothing in the Terms gives you a right to use any of Molly Bears’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
8.3 Unless you have been expressly authorized to do so in writing by Molly Bears, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. Ending Your Relationship with Molly Bears
9.1 The Terms will continue to apply until terminated by either you or Molly Bears as set out below.
9.2 If you want to terminate your legal agreement with Molly Bears, you may do so by (a) notifying Molly Bears at any time and (b) closing your accounts for all of the Services which you use, where Molly Bears has made this option available to you. Your notice should be sent, in writing, to Molly Bears’s address which is set out at the beginning of these Terms.
9.3 Molly Bears may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Molly Bears is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Molly Bears offered the Services to you has terminated its relationship with Molly Bears or ceased to offer the Services to you; or
(D) Molly Bears is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Molly Bears is, in Molly Bears’s opinion, no longer viable.
10. Exclusion of Warranties
10.1 Nothing in these terms, including sections 14 and 15, shall exclude or limit Molly Bears’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
10.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”
10.3 In particular, molly bears, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
(A) your use of the services will meet your requirements,
(B) your use of the services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the services will be accurate or reliable, and
(D) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
10.4 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
10.5 No advice or information, whether oral or written, obtained by you from molly bears or through or from the services shall create any warranty not expressly stated in the terms.
10.6 Molly bears further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and noninfringement.
11.1 Molly Bears will cover the cost of shipping up to $15.00 USD. Party is required to pay any cost over that amount.
11.2 The limitations on Molly Bears’s liability to you in paragraph 15.1 Above shall apply whether or not molly bears has been advised of or should have been aware of the possibility of any such losses arising.
11.3 Shipping to Canada or Mexico, the shipping cost is is required to be payed
(A) if the weight is over 9 pounds you will be emailed with the amount owed
11.4 Shipping outside of north america party is required to pay.
(A) if the weight is over 9 pounds you will be emailed with amount owed
(B) we will ship orders to countries outside of the united states. However, please be aware that is it possible for the customs agency in your country to ‘flag’ your package. When our packages are ‘flagged’, the customs agency opens and inspects our packages. In doing this, they charge a fee for their services. Customs then holds the package until the fees are paid. Please be aware that you will be responsible for these fees. Molly bears will not pay for these charges, and we have no control over which packages may or may not be assessed a fee. If you have further questions or concerns regarding this issue, please contact your local customs agencies for more information.
12. Copyright and Trademark Policies
13.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
13.2 The manner, mode and extent of advertising by Molly Bears on the Services are subject to change without specific notice to you.
13.3 In consideration for Molly Bears granting you access to and use of the Services, you agree that Molly Bears may place such advertising on the Services.
14. Other Content
14.1 The Services may include hyperlinks to other web sites or content or resources. Molly Bears may have no control over any web sites or resources which are provided by companies or persons other than Molly Bears.
14.2 You acknowledge and agree that Molly Bears is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
14.3 You acknowledge and agree that Molly Bears is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
15. Changes to the Terms
15.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Molly Bears will treat your use as acceptance of the updated Universal Terms or Additional Terms.
16. Special Requests
16.1 Molly Bears Artists have the right to create your bear with their own interpretation of special requests.
16.2 Special requests are limited to a maximum of two (2) requests.
16.3 All of our bear shells have weight restrictions and our inventory availability changes frequently. It is possible that you may see a bear shell or decor item that you love, but it may not work for the weight of your angel, or may not be available when the production of your bear takes place. For these reasons, special requests are not guaranteed. Our guarantee is that your bear will match the weight that you provide to the nearest half-ounce.
17. Traveling with your Molly Bear
17.1 Bears are occasionally made with metal weights and sand in them, to ensure the correct weight. Please be advised or when traveling via airport or going through security of any type.
18. Choking Hazard Warning
18.1 Molly Bears are not intended or children under the age of 3 due to possible choking hazard, small buttons and embellishments are used on each bear.
19. Waiting List Fee
19.1 Effective 1/1/2012 - The Molly Bears Board of Directors voted to implement a waiting list fee for every order received. This fee is paid at the time the order is placed. This fee is implemented to help reduce the occurrence of duplicate, or falsified orders.
19.2 The fee is non-refundable.
19.3 The fee does not cover any shipping charges that may be required.
20.1 Definition: Within the Molly Bears organization, the term "Angel" will be used to reference any child that has passed away.
20.2 We will create AT MOST, one bear, per Angel, per family.
20.3 Effective 1/1/2012, Due to the strict requirements of the IRS, our Mission allows us to create weighted bears for families that have suffered the loss of a child up to one (1) year of age. We cannot create bears for children older than one (1) year at the time of passing.