Terms of Service
Effective Date: March 17, 2013
Acknowledgement and Acceptance of Terms of Service
The Terms of Service (“Service Terms”) of 4th Dimension Entertainment (“4DE”) are provided to you (“Customer”) in connection with the 4DE service and merchandise that Customer may purchase (the “Service”). These terms and conditions comprise the entire agreement between Customer and 4DE with respect to the Service.
Age Requirement. You must be at least 13 years old to use the Service, and 18 or over to make a purchase.
Unless stated in writing otherwise, all fees and charges are nonrefundable.
Modifications to Terms of Service
4DE may modify or change the terms and conditions of the Service occasionally. Upon any such change, 4DE will post the changes to the website from which the Service was purchased. 4DE reserves the right to modify or discontinue the Service with or without notice to Customer. 4DE shall not be liable to Customer or any third party, should 4DE exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications. If Customer has made a purchase on 4DE, we will not stop your order should we modify or discontinue the Service; however we may refund your payment.
Limitations to Service
4DE shall not be liable for any failure or delay in performance due to any cause beyond its control. 4DE makes no guarantee that the Service will be uninterrupted, timely, secure, or error-free. 4DE reserves the right to refrain from providing the Service or Product ordered and instead refund Customer’s payment.
The Service Terms shall be governed by and construed in accordance with the laws of the State of California. Customer and 4DE agree to submit to the exclusive jurisdiction of the courts in San Francisco, California.
If any dispute arises under these “Terms” we agree to attempt to resolve it by mediation. If mediation fails to resolve our dispute, then we agree to Arbitrate as follows:
Any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement or the breach or alleged breach of this Agreement must be submitted by the parties to binding arbitration in San Francisco, California, United States of America, before a single/3 arbitrator(s) agreeable to both parties. If the parties cannot agree on a designee within 6 weeks after arbitration is requested in writing by either party, the arbitration shall proceed in San Francisco, California, United States of America, before a single arbitrator appointed by the American Arbitration Association and under the rules then obtaining of that Association. The award is to be rendered in a form that judgment may be entered on it in any court having jurisdiction. The Arbitrator is to be held to apply USA and State of California law, and precedents of the 9th Circuit. The arbitrator shall decide all questions of jurisdiction, Copyright, Trademark and Patent law, as well as all other controversies, actions and issues between the parties pursuant to or arising out of this Agreement or its performance.
If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as closely as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Customer and 4DE agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Content Protected by Intellectual Property Rights. Any content available through the Service, including games, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of 4DE or its licensors.
Reservation of Rights. On its own behalf and the behalf of its licensors, 4DE reserves all rights in the Content, including any Software and images of items for sale, not expressly granted in this TOS. 4DE does not in any way grant any other rights to you. Except as expressly stated in this TOS, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including but not limited to, any Software, images or text, without prior written consent from 4DE or other third-party owner of the rights in that Content (if any).
Your credit card will be charged at the time of your purchase. In stock orders normally ship within 1 week unless otherwise noted. However, if an item is ordered during busy periods of time (such as around the months of November and December), orders normally ship within 2 weeks from when they were placed.
4DE uses USPS to ship orders. Domestic orders will have a USPS tracking number to use for tracking purposes.
Generally, all items on backorder or out of stock are marked as such on the website. All shipping transit times quoted are to be counted in business days (Monday-Friday), not calendar days.
Certain items may ship separately from others for various shipping reasons. For example, posters will always ship separately from other item types, in a poster tube. So if purchasing a poster and a non-poster item, you will receive your order in separate packages.
It is the customer’s responsibility to keep 4DE updated with a current and accurate shipping address. If the customer provides 4DE with an incorrect shipping address, or if the customer changes their shipping address after making a purchase and neglects to update 4DE with their current and accurate shipping address, the shipping cost of resending the package is the responsibility of the customer. This includes orders of products that are on backorder or sold as a preorder. Please make sure that the current shipping address is provided clearly and accurately. Be sure to include all address information and a valid resident’s full name in the address.
4DE has no control over, and takes no liability for orders that are lost in transit, as long as the loss is not due to any error of 4DE. 4DE is not held accountable for orders lost due to errors by the customer, postal system, or acts of nature.
We prefer to ship to permanent residences if at all possible. Be aware that residences at schools and dormitories tend to be much less reliable in conveying mail to recipients.
While in stock items typically ship within a week of purchase, 4DE does not guarantee the receipt of orders in any specific timeframe. Please keep this in mind, especially if purchasing for a time-sensitive event, such as a holiday or birthday. Naturally, ordering further in advance is recommended for anyone shopping for time-sensitive events.
Please put “email@example.com” and “firstname.lastname@example.org” into your address book, so that we will be able to write to you if we have any questions about your address or order.
International shipping takes much longer than domestic shipping. Depending on the country of destination, and even the region within the country, the order may take anywhere from 1 week to 4 weeks, or even more, before arriving.
Packages are subject to inspection, and any packages kept in customs for inspection will experience significant delay, which 4DE has no control over and takes no liability for.
4DE has no control over, and takes no liability for orders that are lost in transit after the package departs from the U.S., as long as the loss is not due to any error of 4DE. We recommend using a permanent address (not a school or dormitory) which has successfully received mail from the U.S. before. Be sure to include all address information and a valid resident’s name in the address.
You may need to pay additional import fees, taxes, brokerage fees, and handling fees to receive your order. These fees are not included in your shipping charges. We do not issue any refunds for customs fees, shipping, or the cost of your order should you refuse to pay the customs fees. 4DE cannot estimate customs fees, taxes, duties, etc. Please make sure you are familiar with your country's customs processing and fee structure before you order. Please consult your local customs office for this information before ordering with us.
If you are shipping to an APO or FPO address, please keep in mind that APO/FPO addresses take longer to deliver to than normal U.S. addresses. The addresses are also written differently than a normal U.S. address, so please take care to fill out the address accurately.
Write the recipient’s full name, grade, and PSC or unit number. The “City” field must be entered as either "APO" or "FPO". The “State” field must be entered as "AA" or "AE" or "AP". Also, remember to have the zip code.
We do not ship to hotels, inns, hostels, timeshares, et cetera because we cannot guarantee shipment of your order during the period of your stay.
For various shipping and customs law-related reasons, we cannot ship food, drink, or liquid products outside of the U.S.
We have chosen not to ship to some countries for a variety of reasons (we have certain products that cannot be easily shipped to these countries or we have had a high rate of problematic or fraudulent orders from these countries). We do appreciate your interest, however, and we apologize for any inconvenience that this may cause. If desired, it may be possible to still arrange shipments to such countries with a written request to us at “email@example.com”.
You may return a product for refund, store credit, or exchange (if due to 4DE’s error) within 90 days of the order’s receipt.
When your return is received by 4DE, you will be issued a refund through PayPal.
4DE takes your privacy very seriously. We will never give, rent or sell your information to any third parties. We use the information we collect from you to process your orders, verify orders, or send you notices.
Participants may have the opportunity to submit materials, including photographs, to 4DE for certain contests or product promotions. In these circumstances, should the participant enter their photos or art into a 4DE contest, the participant allows 4DE to share the art piece/photograph/etc. for the public to view, download, save, and otherwise access the materials posted. By submitting their entries, participants waive any privacy expectations with respect to the security of such photographs/art.
Any personal information that you submit in a public space such as the 4DE deviantART page, Facebook, Twitter, or other such public spaces is available to be read, collected, and used by others online. Therefore, we recommend that you do not provide your name, e-mail address, phone number, or any other personal information. Please note that if you choose to do so, it is at your own risk and you accept full responsibility for those posts and any consequences that may arise from posting your personal information.
In certain circumstances, we may be required to share personal information in response to a valid court order, subpoena, government investigation, or other such circumstances as required by law. We also reserve the right to report to law enforcement agencies any activities that we believe to be unlawful.
You must not do, or attempt to do, any of the following, as reasonably determined by 4DE, subject to applicable law:
(a) access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
(b) access, tamper with, or use services or areas of the Service that you are not authorized to access;
(c) alter information on or obtained from the Service;
(d) tamper with Content belonging to 4DE;
(e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
(f) frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by 4DE;
(g) impersonate or misrepresent your affiliation with any person or entity;
(h) reverse engineer any aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
(i) send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or
(j) take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.