Terms of Use

WORLDBUILDERSMARKET.COM TERMS OF USE

Last Updated: May 7, 2018

The following terms of use (the “Terms”) constitute a binding agreement between you and Worldbuilder’s Inc. (collectively, “Worldbuilder’s,” “we,” or “us”) with respect to your use of our website available at TheTinkerPacks.com, and our social media pages and accounts (collectively, the “Site”). These Terms also apply to the services available on and through the Site (the “Services”). You must be at least 18 years of age to access and use the Site and Services. By accessing and using the Site and Services, you agree to the terms and conditions set forth in these Terms and our Privacy Policy, which is incorporated herein by reference.  If you do not agree with any of these Terms or our Privacy Policy, you may not access or use the Site or Services for any purpose.

Additional policies, terms, and conditions applicable to certain Services, specific areas of the Site, or to particular content or transactions, may also be posted in particular areas of the Site and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional polices, terms, and conditions applicable to that area of the applicable Site will be controlling with respect to that particular area.

Our Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

  1. CHANGES TO TERMS

Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site thereafter. It is your responsibility to check this page periodically for changes. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.  

  1. ONLINE STORE TERMS

By agreeing to these Terms, 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.

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.

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

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

  1. OWNERSHIP  

The Site and the Services are owned by Worldbuilders and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of Worldbuilders and its licensors. You acknowledge and agree that, as between you and Worldbuilders, Worldbuilders is and shall remain the sole owner of the Site and the Services, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.  

  1. ACCOUNT REGISTRATION AND SECURITY

Access to and use of the Site and/or Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Worldbuilders of any unauthorized use of your account, or any other breach of security. Worldbuilders is not liable for any loss or damage arising from your failure to protect your username or password.

  1. PRODUCTS AND SERVICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Site or Service (or any part 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 Site or Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or 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 quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

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

  1. 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.

  1. RETURNS POLICY

Our Returns Policy (https://worldbuildersmarket.com/pages/exchanges-returns)

  1. THIRD-PARTY MATERIALS

The Site may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). 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 for any other materials, products, or services of third-parties.

You acknowledge and agree that Worldbuilders is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Worldbuilders does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions 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.

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.

  1. PERSONAL INFORMATION

Your submission of personal information through the Site or Services is governed by our Privacy Policy .

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

  1. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site, the Services, 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 Site, Service or any related website for violating any of the prohibited uses.

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WORLDBUILDERS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WORLDBUILDERS ENTITIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, SERVICES, OR ANY CONTENT, NOR DO THE WORLDBUILDERS ENTITIES REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SERVICES, OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE WORLDBUILDERS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE PRODUCTS OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT (IF ANY) AND TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE WORLDBUILDERS ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE WORLDBUILDERS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OR THE SITE OR ANY CONTENT IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO WORLDBUILDERS IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (b) U.S. $50.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold Worldbuilders and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the “Worldbuilders Entities”) harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of Worldbuilders.

  1. CHANGES, SUSPENSION AND TERMINATION

Changes to the Site.  Worldbuilders reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Services or content) at any time. You agree that Worldbuilders will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Suspension/Termination of Access.  Worldbuilders has the right to deny access to, and to suspend or terminate your access to, the Site or the Services, or to any features or portions thereof, at any time and for any reason, including if you violate these Terms.  

  1. MISCELLANEOUS

Applicable Law, Jurisdiction and Venue.  You agree that these Terms and any dispute arising out of your use of the Site, Content, Services, or products purchased through the Site or Services shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to any conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms, the Site, Services or Content shall be instituted exclusively in the federal or state courts located in the State of Wisconsin. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  

Geographic Restrictions.  Worldbuilders is based in the State of Wisconsin in the United States. Worldbuilders make no claims that the Site, Services, or content are accessible or appropriate outside of the United States. Access to and use of the Site or Services may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Limitation on Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, SERVICES OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver of Jury Trial.  YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, SERVICES OR CONTENT.

Waiver and Severability.  Our failure to exercise or enforce any right or provision of these Terms  will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement. These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and Worldbuilders with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Questions. If you have any questions about the Site, Services or these Terms, please call us at 1-855-359-3520, email us at orders @ worldbuildersmarket.com, or write to us at Worldbuilders Market, PO Box 186, Stevens Point, WI 54481.