TERMS AND CONDITIONS

(Updated January 28, 2013)

Please read the following Terms and Conditions of Use (“Terms”) carefully before accessing our web sites. By accessing these web sites attic2zoo.com and atticonlineshop.com (“Sites”) that Attic to Zoo, Inc. DBA. Attic (“Attic”) is providing you access to, you are acknowledging to be bound by these Sites Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms or our Privacy Policy, you are prohibited from using or accessing these Sites. The materials contained in these web Sites are protected by applicable copyright and trade mark law.

DISCLAIMER

You expressly acknowledge that your access of these Sites is at your sole risk. The materials on the Attic Sites are provided “as is, as available.” Attic makes no representations or warranties, expressed or implied, and hereby disclaims and negates all other warranties to the maximum extent permitted by law, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Attic does not warrant or make any representations concerning the completeness, accuracy, likely results, or reliability of the use of the materials on its Internet web Sites or otherwise relating to such materials or on any Sites linked to these Sites.

Products, price and availability of products is subject to change at any time without prior notice to user. The prices listed on these Sites are not offers to form a contract but merely an advertisement for offers.

LIMITATIONS

Except as specifically stated on these Sites, under no legal theory, tort, contract or otherwise shall Attic nor any of its directors, officers, employees, agents, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of these Sites be liable for the following arising out of or in connection with the use of or inability to use these Sites: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Attic also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in these Sites or your downloading of any materials, data, text, images, video, or audio from these Sites.

In no event shall Attic or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Attic’s Sites, even if Attic or an Attic authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

INTERNATIONAL ORDERS

We ONLY accept PAYPAL for orders outside the United States. Orders are shipped via USPS (Priority Mail or Express Mail) outside North America. Please make sure your addresses are CONFIRMED through PAYPAL before submitting your final order.

Purchases may be subject to import taxes, custom duties and fees. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

PAYPAL

Only confirmed Paypal accounts and addresses will be accepted. No Exceptions!

If you are making a purchase totaling $300.00 or more, please check out with Paypal to secure an easier, more successful transaction. Please make sure your addresses are confirmed before submitting your final order.

PRODUCT INFORMATION

Attic does not guarantee, warrant or endorse any product or service not manufactured or performed by Attic, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Attic. Most of products displayed on Attic’s Sites are available in the Attic retail stores. In some cases, merchandise displayed for sale on the Sites may not be available in retail stores or vice versa. The prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the United States. Prices are subject to change without notice to user.

DELIVERY

You will receive an email from sales@attic2zoo.com when your order has been confirmed and shipped. Purchased items will be shipped within 1 – 3 business days of the order, although most will be shipped by the next business day. Please allow up to 2 weeks for delivery to arrive. If you still have not received your purchase after 3 weeks, please notify customerservice@attic2zoo.com.

FREE SHIPPING PROMOTIONS

Free shipping promotions cover UPS Ground Shipping, which has an estimated delivery date of 3 to 5 business days.

If your subtotal is valued at $300.00, we will include a signature confirmation when the package arrives. In the event that you would like to waive this confirmation, we are not responsible for the lost package.

PRICES, SHIPPING & HANDLING CHARGES

All US orders are shipped via UPS Ground (3 to 5 business days). Other UPS shipping methods are also available. Rates are calculated through the UPS calculator. International orders are shipped via USPS Priority Mail International or USPS Express Mail International. All California residents will incur a 8.75% sales tax. Please contact customerservice@attic2zoo.com if you have any questions.

MILITARY BASE ADDRESSES

We DO NOT accept UPS shipping methods for any Military Base addresses (i.e: APO/FPO/DPO addresses). Please select USPS Priority or Express Mail Shipping methods to these locations.

PRODUCT AVAILABILITY

Although availability may be indicated on these Sites, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

ONLINE STORE RETURN POLICY

Unfortunately, there are NO RETURNS with purchases from our Online Shop. However, we will accept exchanges within 15 days from which shipment is received. Notice must be given to customerservice@attic2zoo.com. Buyer is responsible for shipping item(s) back to the Attic to the designated address or store location. The designated address or location for returns will be determined by Attic. Buyer is also responsible for the shipping costs of the exchange item(s). Exchanges back to the Attic must be post marked within 14 days your request has been approved. If it is a shipping error on our part, we will take care of the return shipping via UPS Electronic Return Label. For questions regarding any problems or concerns with the purchased merchandise, please contact Customer Service before returning your items. Items must be in their original packaging, in as-new condition with a printed invoice when returned. If price tags are torn off, we will charge a 20% restocking fee. Merchandise purchased online may NOT be returned to the stores or vice versa. Your exchange will be considered a FINAL SALE.

SALE ITEMS and/or products purchased with a PROMO CODE are a FINAL SALE! NO RETURNS! NO EXCHANGES!

IN-STORE RETURN POLICY

Return(s) are for exchanges or store credit only. The original receipt is required for all returns & exchanges. Product must be returned within 15 days of original purchase date. Returns & exchanges are not accepted on any worn or damaged items. Products must be returned with original price tag and packaging. Store credit is valid only at location of purchase. Store credit will expire one year from date item was returned. No return or exchanges on discounted and sale items. Merchandise purchased online may NOT be returned to any retail store or vice versa.

COLORS

Attic has made every effort to display as accurately as possible the colors of our products that appear at these Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

REVISIONS AND ERRATA

The materials appearing on Attic’s Sites could include technical, typographical, or photographic errors. Attic does not warrant that any of the materials on its Sites are accurate, complete, or current. Attic may make changes to the materials contained on its Sites at any time without notice. Attic does not, however, make any commitment to update the materials.

THIRD PARTY SITES AND LINKS

These Sites may contain links to third party web sites. Attic does not have control over these third party web sites. Further, Attic has not reviewed all of the web sites linked to its Sites and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by Attic or its Sites. Use of any such linked third party web sites is at the user’s own risk. Attic is not responsible for any consequences or events arising out of accessing third party web sites linked on these Sites.

Despite the above-mentioned restrictions, some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Attic does not endorse any user submitted content, and user submitted content that is posted does not reflect the opinions or policies of Attic. We reserve the right, but have no obligation, to monitor user submitted content and to restrict or remove such content that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Attic assume any responsibility or liability whatsoever for any user submitted content and you agree to waive any legal or equitable rights or remedies you may have against Attic with respect to such content. To notify us of any inappropriate user submitted content at info@attic2zoo.com.

PROMOTIONS AND PROMOTIONAL OFFERS

All orders submitted with promotion codes (“promo codes”) will be considered a FINAL SALE! This means there will be NO RETURNS OR EXCHANGES! Promo codes are non-stackable, therefore, may not be combined with other offers. Not valid on phone orders. Some exclusions apply. While supplies last. Free shipping does not apply to Alaska, Hawaii, or International Orders and must the order subtotal must equal $40.00 or more in regular-priced merchandise.

Attic reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official policies or rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.

CONTEST DISCLAIMER

The maximum number of entries per person allowed during any contest period will be specified by each contest. Any person who attempts to submit more than the stated maximum number of entries will be disqualified from the specified contest. Attic and is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. By participating, all entrants agree to abide by these official contest rules.

In consideration for your participation in the contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge Attic and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in the contest.

This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and known to exist. The provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.

It is further understood and agreed that said participation in the contest not to be construed as an admission of any liability and acceptance of assumption of responsibility by Attic, its officers, board and employees, jointly and severally, for all damages and expenses for which Attic, its officers, board and employees, become liable as a result of any alleged act of the parade participant.

By providing your email address and/or phone number and entering the contest you allow Attic to add your email address and/or phone number to its newsletter databases and consequently agree to receive the email newsletter or text message alerts through our mobile marketing service. Your email address and/or phone number will be used for this purpose only and will not be distributed to any third party. We will keep your personal information confidential. You may unsubscribe from this database at any time.

The prize is non-transferable and cannot be exchanged for cash.

Attic reserves the right to offer alternative prize if any prize is not available or under special situation.

SITES TERMS OF USE MODIFICATIONS

Attic may revise these terms of use for its Sites at any time without notice. By using these Sites you are agreeing to be bound by the then current version of these Terms.

PRIVACY POLICY

Attic agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from visitors of these Sites. For more information, please see our Privacy Policy.

COPYRIGHT AND PROPRIETARY RIGHTS

All information, including, without limitation the design of these Sites, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, these Sites are the property of Attic, its merchandise suppliers, or its licensors. The overall design and appearance of these Sites is the proprietary trade dress of Attic.

The content on these Sites is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of these Sites for the sole purpose of placing an order with Attic. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any content from these Sites except as expressly permitted by these Terms. Doing so will violate Attic’s copyright, trademark and other proprietary rights.

All content on these Sites is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all Attic trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Attic uses in connection with these Sites shall remain the exclusive property of Attic. Nothing contained in the Terms shall be deemed to give you any rights in or to any trademarks of Attic. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

USER COMMUNICATIONS

Any communication or materials you transmit to these Sites by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any transmissions or posts may be used by Attic or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. In addition, Attic is free to use any ideas, concepts or techniques contained in any communication you send to these Sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or content on these Sites, you grant Attic and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Attic and its affiliates and sub-licensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.

NOTICE OF COPYRIGHT INFRINGEMENT

Attic does not condone copyright infringement on its Sites, and will immediately remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Attic’s designated copyright agent for notice of claims of copyright infringement on these Sites is Stephen Kim, who can be reached as follows:

Stephen Kim
Attic
8010 Beach Blvd.
Buena Park, CA 90620
(714) 220-3116
stephen@attic2zoo.com

USER SUBMITTED CONTENT

Visitors to Attic Sites’ may be able to publish, transmit, submit, or otherwise post comments or other materials. In order to keep these Sites enjoyable for all of our users, you must adhere to the rules outlined below:

In order for us to keep these Sites safe and available for everyone to use, you agree to use these Sites for lawful and appropriate purposes only. You agree not to use these Sites in a way that:

Violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.

Uses technology or other means to access the Sites that is not authorized by Attic (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of Sites contents).

Involves accessing the Sites through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Sites and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content).

Attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Attempts to damage, disable, overburden, impair, or gain unauthorized access to the Sites, including Attic’s servers, computer network, or user accounts.

Attempts to collect personally identifiable information in violation of Attic’s Privacy Policy

Encourages conduct that would constitute a criminal offense or give rise to civil liability.

Violates these Terms

Interferes with any other party’s use and enjoyment of the Sites.

You may not use these Sites to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Attic will fully cooperate with any law enforcement authorities or court order requesting or directing Attic to disclose the identity of anyone posting any such information or materials.

You must be, or have first obtained permission from, the rightful owner of any user submitted content you publish, transmit or otherwise post. By submitting user submitted content, you represent and warrant that you own such content; you also represent and warrant that the posting of such content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or content. Attic will remove any user submitted content if we are properly notified that such content infringes on another person’s rights. You acknowledge that Attic does not guarantee any confidentiality with respect to any user submitted content.

INDEMNIFICATION

You agree to defend, indemnify and hold Attic harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites.

GOVERNING LAW AND DISPUTE RESOLUTION

Any claim relating to Attic’s Sites shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any dispute or claim relating in any way to Attic, or products or services sold or distributed by Attic or through these Sites, shall be resolved by binding arbitration, rather than in court. The Federal Arbitration Act applies to this agreement.

MISCELLANEOUS

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Attic with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Attic with respect to the Sites.

TERMINATION

These Terms are effective until terminated by either Attic or user. User may terminate their agreement with Attic at any time by no longer accessing these Sites and destroying all materials obtained from these Sites. Attic reserves the right, in its sole discretion, to terminate users’ rights to use these Sites and any rights provided to you under these Terms at any time, without notice, and accordingly deny you access to these Sites, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from these Sites, as well as all copies of such materials.

TRADEMARKS

Attic is a registered trademark in the United States. Attic trademarks may not be used without the written permission of Attic and specifically should not be used in connection with any product or service that is not identifiable as belonging to Attic, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Attic.

Any rights not expressly granted herein are reserved.

WEBSITES DEVELOPERS

This site was developed by Culture Labs (culturelabs.la).