Copyright and Trademark Notice
Unless otherwise specified, The FlipBooKit name, and all materials appearing on this site, including the text, site design, logos, graphics, icons, animation, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Wackystuff, Inc., Copyright © 2014, ALL RIGHTS RESERVED. FlipBooKit products sold on this consumer site are solely for personal non-commercial use. Affiliated resellers may use the designated downloadable content from this site for the purpose reselling Wackystuff Products. All other copyrighted content may only be used only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of FlipBooKit Products or the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Online Store Policies:
There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon initiation of your order.
Orders with Erroneous Address Data
Reshipment of orders with erroneous address data entered by the customer may be held and subject to additional shipping fees. In some erroneously addressed orders, where the order is abandoned by the shipping service or sent back by the shipper, we may incur extensive fees that can exceed the purchase price of the order. Wackystuff Inc. reserves the right to settle such orders with consideration for any third party fees incurred.
Multiple Product Orders
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Wackystuff, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Wackystuff, Inc. signs them or not. We reserve the right to make changes to this site and these Conditions at any time.
We will ship your product as it becomes available. Usually, products ship the same day if ordered by 9:00AM or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.
To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to Wackystuff’s collection of mechanical animated devices. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.
When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to our site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
Your satisfaction is guaranteed. Should you wish to make a return of goods purchased directly from this online store, you must do so within 15 days of receiving your item. Please ship the item, purchase records, and your packing slip to the appropriate address below:FlipBooKit Online Store Returns
2633 Lincoln Blvd. Unit 505
Santa Monica CA 90405For your protection, we encourage you to send your return via UPS. Return packages must be prepaid. We cannot accept COD. If you request a refund, your credit card will be credited within 48 hours of receiving and processing your return. Please note on the packing slip why you decided to return your purchase so that we can know how to improve our products and services.
Shipping charges are not refunded.
In the US, we often ship non-bulky orders via USPS priority mail or UPS Mail Innovations.
That means 3-5 days – usually less, if the shipping destination is near Los Angeles, CA or a major urban center. These orders are track-able.
Our shipping origin zip code is 90660
Wholesale or large consumer orders may utilize FedEx or UPS. This is decided by our fulfillment vendor (who know their stuff) and delivery times vary.
Wholesale orders are entered into our system every two hours.
Shipments entered before the daily deadline usually go out in the afternoon, each business day, but can occasionally be delayed by 72 hours.
We don’t know why, but small to mid-sized packages to Canada have become costly. The first pound (as in one flipbookit) is in the $30 range. For shipments greater than one pound, the rate per-pound rate are substantially cheaper. In the interest of neighborly commerce, we’ve absorbed some of this cost of low-weight orders. We don’t understand why postage between neighbor-countries should get this costly, and we hope to find a lower cost solution.
Internationally, we mostly use FedEx International Economy. Expect these orders to take 10-days, typically faster (6-7).
This FedEx service varies by region, but in general, will ship in bulk to a given region or country’s depot and then each article is mailed via post. These orders are track-able (and we all pay extra for that).
FedEx seems to promise 5-day-or-better delivery to most destinations, we have seen that when customs are involved it may take 10 days.
If your destination is in Japan, please use English characters for the shipping address.
Unfortunately we’ve had many incidents with a few countries that make shipping prohibitively expensive or risky. If you live in one of those countries, we apologize (and sympathize) if this affects you. When a package is sent overseas and rejected one of 2 things happen:
- It is a total loss. Package is abandoned and customer is angry and we are angry.
- It automatically gets sent back and we must pay BOTH freights plus a batch of additional fees. For a $49 product, we would have lost about $100.
DUTIES: A Special Note
We have no control over customs/duties and have found that duties/fees can be wildly inconsistent in most countries. If a customs clerk chooses a ridiculously high duty for your package, we are just as upset as you, but we are not responsible.
If that happens, send us an email. We’ll try our best to help.
A customer’s refusal to pay duties are not grounds for a refund (because we are then stuck with return shipping fees or an abandoned shipment). Please be a good free-market citizen and raise public awareness in your community and at the governmental level. Governments should encourage business and international commerce.
Occasionally, during the manufacturing or packing process, a component may be missing from a kit. In that case please send an email to email@example.com and include your purchase record and full address so that we can send you the missing parts.
Orders Damaged in Shipping
If anything is damaged in your order, please save the packing receipt and all the packing material as well as the item. Do not return the merchandise. Notify us immediately by contacting us so we can instruct you on the proper handling of the damaged merchandise. This will ensure the quickest replacement.
Wholesale accounts must provide reseller certification.
Retail products may be purchased at any of our retailers or orders can be made through www.flipbookit.com.
For orders shipped to states outside of California, the customer is solely responsible for all sales taxes or other taxes that may apply.
The California State Base Sales Tax Rate of 7.5% is applied to all retail orders in California. We add appropriate local taxes for purchases within our business districts. Purchases made in CA that are outside of our corporate business districts (Los Angeles County, Santa Monica, and Pico Rivera) may be subject to supplemental local district “use” taxes on goods and shipping. (ref CA BOE pubs 44, 105)
While some stores collect district taxes as a courtesy to customers and the state, we charge the minimum tax required by law and give customers the option to handle their taxes in their own individual way. Our hope is that is a convenience to our customers
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Wackystuff, Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Wackystuff, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Wackystuff, Inc. shall immediately issue a credit to your credit card account in the amount of the incorrect price
FlipBooKit.com Online Tools, General Terms of Service
Flipbookit.com offers a web application that automatically extracts image frames from user uploaded videos using technology that selects certain frames according to proprietary parameters and algorithms through the website located at http://www.flipbookit.com (the “Site”). Flipbookit is owned and operated by Wackystuff Inc. (hereafter “Wackystuff”, “us”, “our”, “we”). These Terms of Service (“Terms”) govern your access and use of the Site and all services available through the Site (“Services”). “You” or “Your” means an adult user of the Site, or as the parent or guardian of any minor whom you allow access the Site, and for whom you will be held strictly responsible.
To create an account, you may be asked to select a username and password. Your username is your Flipbookit identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process. You must provide truthful and accurate information while creating your account.
You should not reveal your password to other users. Wackystuff will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates the Terms. If your account is terminated, you may not join Flipbookit again without express permission.
You agree to immediately notify Wackystuff of any unauthorized use of your Wackystuff account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Wackystuff will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Wackystuff harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to firstname.lastname@example.org that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
Termination of Account
You agree that Wackystuff may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or the business interests of Wackystuff. If Wackystuff terminates your Account for any of the foregoing reasons, you shall not be entitled to any refund of fees paid or purchases.
If Wackystuff believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your Wackystuff account at any time and for any reason by sending an email to email@example.com. Any suspension, termination, or cancellation shall not affect your obligations to Wackystuff under these Terms (including but not limited to ownership, intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation. Premium Fees are not-refundable, and Wackystuff shall not refund any paid Premium Fees if you request to terminate your account.
Intellectual Property & Content
Wackystuff and its licensors own the Site, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. Wackystuff hereby grants you a limited, revocable, nonsublicensable license to use the Site and the Services solely for your personal use. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, re-sell, transmit or otherwise use the Site or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Services or any Content, except as Wackystuff may expressly permit.
You are not required to provide Wackystuff with any feedback or suggestions regarding the Site, Services or any Content. However, should you provide Wackystuff with comments or suggestions for the modification, correction, improvement or enhancement of the Site or Services then, subject to the terms and conditions of this Agreement, you hereby grant Wackystuff a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Wackystuff chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Wackystuff’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media Wackystuff chooses, but without reference to the source of such comments or suggestions.
Certain types of content may be made available through the Site or the Services, including a gallery with user-submitted videos. In addition, the Site may contain blogs and forums to which Wackystuff may allow you, in its sole discretion, to post Content. “Content” as used in these Terms means, collectively, all content on or made available on the Site (whether to the general public or to individual persons) including but not limited to any such edited and summarized videos, music clips or any conversations or pictures available on the Site, including any statements or other material made available on any blog or forum in the Site. Wackystuff reserves the rights to remove and permanently delete any Content, including any edited or summarized videos of any user, without notice, including without limitation any Content that is in the sole discretion of Wackystuff obscene, abusive, indecent, illegal or may otherwise subject us to public disparagement or scorn. As such, you should take care to preserve the originals of your video. You should have no expectation that any edited or summarized videos will always be available through the Site or Services. Do not rely upon this Site as a storage space for Content.
Wackystuff may allow you to forward, post, embed or email any Content (or links to such Content). In addition, Wackystuff may provide you with the ability to download or modify any Content. You expressly agree that you shall observe all applicable laws, regulations and rules of other third party internet sites and services in forwarding, embedding or posting such Content, or links to such Content. You shall not forward, or post any Content or links to Content that violates these Terms. You may not embed any Content in any third party site if such third party site contains any content would violate these Terms. You accept full liability for all Content that you modify, forward or post, including in respect of any third party intellectual property rights or moral rights in such Content. Wackystuff cannot accept any liability in respect of your modifications of any Content. You shall fully indemnify Wackystuff for any breach of the terms set forth in this paragraph.
Content made available by Wackystuff come from a variety of sources. You understand Wackystuff is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any third party Content on the Site or otherwise made available. Further, you understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against Wackystuff with respect to thereto, and agree to hold Wackystuff, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding your use of the Application or your exposure to any Content.
You are solely responsible for Submissions you post or transmit to the Site. “Submissions” is defined as anything a user transmits to the Site or to another in the course of using the Site, including without limitation any raw video or audio material. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of all Submissions. In addition, you represent and warrant that no Submission infringes the intellectual property rights or moral rights or any third party or violates any applicable law. Wackystuff reserves the right, at its sole discretion, to remove any Submissions or delete an account, without prior permission to users, that may violate the Terms at any time. Wackystuff does not pre-screen Submissions, but reserves the right to delete Submissions that violate these Terms.
Wackystuff does not claim ownership of your Submissions. However, by sending any Submissions you automatically grant Wackystuff a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record and reproduce Submissions including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Site and these Terms. Wackystuff may retain any raw audio or video material that you submit, and make internal use of such material including for testing purposes. You may request that Wackystuff delete and make no further use of such material by sending an email to firstname.lastname@example.org
Without limiting the foregoing, you agree that you will not use the Site in any manner or transmit any Submission that:
1. Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) Material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity); (b) Material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; (c) Pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; (d) Any virus, worm, Trojan horse, or other harmful or disruptive component; (e) Anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; or
2. Restricts or inhibits use of the Site;
3. Uses any account or password without prior permission;
4. Obtains or solicits another person’s password or other personal information under false pretenses;
5. Impersonates another user or otherwise misrepresents yourself in any manner, whether to another user, to us, or otherwise;
6. Violates the legal rights of others, including defaming, abuse, stalking or threatening users;
7. Infringes (or results in the infringement of) Wackystuff’s or any third party’s intellectual property rights, moral rights, or other rights;
8. Is (or you reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
9. Does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause Wackystuff to be in violation of any law or regulation, or to infringe any right of any third party;
10. Publishes falsehoods or misrepresentations that may damage Wackystuff or any third party;
11. Manipulates identifiers, forges headers or other data in order to disguise the origin of content transmitted through our sites or to manipulate your presence on the Site;
12. Disrupts, interferes or harms the Site, servers or networks; or
13. Imposes an unreasonably or disproportionately large load on our infrastructure.
14. In addition, you may not use the Site to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose.
Wackystuff in its sole discretion may choose to provide users with “Premium Content”. Premium Content may provide for additional functionality, such as but not limited to allowing users to download videos, to edit a video or to remove any branding that Wackystuff may incorporate in a video.
The purchase of Premium Content shall be subject to the payment of fees to Wackystuff, which Wackystuff may determine from time to time in its sole discretion (“Premium Fees”). All Premium Fees paid are nonrefundable. Wackystuff may allow you to pay Premium Fees through a third party service (such as Paypal), in which event the payment of such Premium shall be subject to the third party’s applicable terms and conditions. All Premium Fees are exclusive of any sales and use taxes, which shall be your responsibility and liability.
The software and technology underlying the Site is the property of Wackystuff, and you may not do or attempt to do any of the following:
1. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site (including without limitation, for the purpose of obtaining unauthorized access to our Site) without our prior written authorization, including framing or mirroring any part of the Site;
2. Circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content, including without limitation any edited or summarized videos;
3. Use the Site, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms;
4. Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site;
5. “Deep link” to the Site or any Content on it, unless such link was provided to you for that purpose by the Site;
6. Harvest, collect or mine information about other users of the Site;
7. Create a database by systematically downloading and storing all or any of the Content on the Site;
8. Violate the Terms or any other rule or agreement applicable to you or Wackystuff through the Site’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
9. Use or access another user’s account or password without permission; or
10. Use the Site or content thereon in any manner not permitted by these Terms.
Wackystuff does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Wackystuff expressly disclaims any and all liability in connection with Submissions. Wackystuff does not permit copyright infringement or infringement of intellectual property rights on its Site. We will remove all Content and Submissions if properly notified of these infringements, and may do so at our sole discretion, without prior notice to users at any time.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Site infringes their rights under US copyright law. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us. If you need to contact us for any other reason, please contact us at email@example.com or write us at:
2633 Lincoln Blvd. Unit 505
Santa Monica, CA 90405
ATTN: SITE USAGE
Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. Wackystuff is not responsible for content or services available by means of such sites. Wackystuff does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.
Your use of any aspect of the Site is at your own risk. Wackystuff makes no representations or warranties whatsoever in respect of the Site, Services or Content. Neither Wackystuff nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Site, Services, Submissions or Content. Wackystuff cannot accept any liability whatsoever in respect of any Content which is modified by you or any other third party.
Without limiting the foregoing, except as expressly stated in these Terms, everything available on the Site or by means of the Site is provided to you “AS-IS” without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and Wackystuff expressly disclaims all express or implied warranties.
Without limiting the foregoing, Wackystuff shall have no liability for:
1. Any adverse effect to your computer or other software as a result of your use of the Site or Services, or as a result of any Content available on the Site;
2. Your use of (or inability to use) the Site or any Site component, including Submissions, Content and any transactions that involve the Site;
3. Any material available (or intended to be available) on or by means of the Site or information or advice received by means of the Site;
4. Any error or omission of Wackystuff, or any act or omission of any third party;
5. Any error, delay, interruption, operational problem, unavailability, or failure in the Site, any site component, or any directly or indirectly related equipment, system, programming, or network (including the internet);
6. Any breach of security involving the Site or your account;
7. Any viruses or other code or component that may affect your computer system or other property as a result of your use of the Site.
You agree to indemnify, defend, and hold harmless Wackystuff and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement by any Submissions of any third party intellectual property right or moral right; (e) your violation of any applicable law, regulation, rule or third party intellectual property right or moral right as a result of your forwarding or posting any Content; (f) any Content that you downloaded from the Site or modified; and (g) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.
Limitation of Liability
In no event shall Wackystuff be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Site, Services or Content. In any case, Wackystuff’s entire liability under any provision of this agreement shall not exceed amounts paid by you to Wackystuff for the use of the Site, Services and Content hereunder. As such, if you have not made any payments to Wackystuff for the use of the Site and Services, Wackystuff shall have no liability to you whatsoever, with the exception of death or personal injury caused by negligence of Wackystuff to the extent applicable law prohibits the limitation of damages in such cases.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the court located in Los Angeles, California, USA, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Wackystuff must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Wackystuff or enables you to act on behalf of Wackystuff. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Wackystuff and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. Nothing contained in these terms shall be construed to limit the actions or remedies available to Wackystuff with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and Wackystuff reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of Wackystuff (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. We may assign our rights under these terms to any third party.