Terms of Service

Welcome to Pipsticks! The Pipsticks Website and services are provided by Pipsticks, Inc. (“Pipsticks”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the Pipsticks.com website (the “Website”) and all services provided by Pipsticks via the Website including without limitation our monthly subscription service for stickers and related items (collectively, the “Services”).

The Services include the delivery of stickers and related items (the “Products”). Access to the Website, use of the Services, and purchase of the Products is subject to these Terms and Conditions and the Pipsticks Privacy Policy available on the Website.

ACCEPTANCE OF TERMS

By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit.

WEBSITE CONTENT

Pipsticks maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of equipment or for other reasons.

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
  • The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
  • The Content may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

REGISTRATION AND MEMBERSHIP; PRODUCT SALES

In order to start your ongoing Pipsticks monthly subscription, you must register as a member on our Website. To register you can simply provide information about the recipient’s birth month, your shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to Pipsticks is subject to Pipsticks' Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website.

As a registered user of Pipsticks, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by following the unsubscribe process(es) identified in the correspondence.

MONTHLY DELIVERY

As a subscribed Pipsticks member, each month we will ship you a package with a selection of stickers. The package may also include materials that may be used in connection with the stickers, such as note paper (“Products”). Each month of your subscription, the selection of Products may change. Accordingly, Pipsticks cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.

BILLING AND PAYMENTS

All information that you provide to register with Pipsticks, including your credit card information, is subject to Pipsticks 's Privacy Policy. The price of the Services is payable in full before delivery. Please check the FAQ page for more information about billing. You will automatically be charged each month for your ongoing subscription. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to update your payment method information or cancel your account should you wish to discontinue your monthly purchase of Products.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Pipsticks the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Pipsticks will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version is available at https://stripe.com/us/terms#tos. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

SHIPPING AND RISK OF LOSS

Shipment times and Shipping & handling fees are dependent on what you are purchasing and where the item is being sent. We ship and calculate fees in the following ways:

Subscriptions

Shipment + Order Cutoff Times

  • The cut-off to get a specific months pack is the last day of the previous month. For example: If you pay on January 31st, you’re buying the February Subscription. If you pay on February 1st, you’re buying the March Subscription.
  • We ship 7 business days into the month (excluding weekends + holidays)

Shipping + Handling Fees

  • Mailed within the US - Free shipping + handling
  • Mailed to Canada - $2.00 shipping fee
  • Mailed to any other country - $3.00 shipping fee

Online Store Orders

Shipment + Order Cutoff Times

  • We pack + ship your order within 5-7 business days (excluding weekends + holidays).
  • We currently do not offer same-day shipment

Shipping + Handling Fees

  • Shipping rates are calculated by weight & size using the rates provided to us by USPS, FedEx, and UPS.
  • A small handling fee of 4% of the shipping cost + $0.60 per transaction is added for all orders
  • On some products, you may see a note that the item does not ship from Pipsticks. If that is the case, shipping will be calculated at the rate provided to us by the shipping location.

Once we hand off the package to the appropriate carrier (USPS, Fedex, UPS) any delays caused by the carrier are out of our control. Pipsticks is not responsible for covering or crediting any shipping costs when an order is delayed by a carrier.

Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; Pipsticks has no control over these charges, nor can Pipsticks predict what they may be. Customs policies vary widely; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

For loss/damage claims, you must notify Pipsticks if you believe all or part of your order is missing or damaged. For Online Store Orders, we must be contacted within 30 days of the order. For Subscription Orders, we must be contacted within 30 days of the listed “received by” date in your shipping notice. Please see the returns and exchanges policy for more details.

Replacement of Products or refunds for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification and can take up to 2 weeks. After the investigation, we will adjust your account or issue a refund at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership or block from purchasing on our website.

EU UK Additional Terms: https://vat.passportshipping.com/passport-uk-eu-terms-of-service

RETURNS, REFUNDS, AND EXCHANGES

As you know, we’re big on HAPPY around here. Which is why we’ve got a Happiness Guarantee for all our products – If you don’t like something you receive send it back (no hard feelings!)... You have 30 days to return an item. All returns require prior approval from PIPSTICKS and a Return Authorization Number (RA#) will be provided once approved. We offer a refund to the original method of payment (minus the cost of return shipping) on all products if the item is returned unused, in the original packaging.

Products marked with "All Sales Final", along with any Sale and Clearance products like mystery bundles are not included in this policy and cannot be returned.

Please note that special collections and designer collaborations may also be subject to a different return policy.

Our Customer Service Squad is happy to get you everything you need for a successful return. You are responsible for the cost of the return shipping (it will be deducted from your refund) for all products that are being returned unless otherwise specified by our Customer Service Squad.

The item will be returned via USPS mail using the return label accessed through our Returns Portal. This label is pre-paid and pre-addressed, and the return shipping fee will automatically be deducted from your refund. If you need to process a return, please reach out to our team at hello@pipsticks.com

DAMAGED, INCORRECT, or MISSING ITEMS: If you received a damaged item, incorrect item, or something was missing from your shipment (so sorry!), we will immediately send a replacement item or offer a full refund (including any return shipping fees) for the item. Please reach out to our Customer Service Squad at hello@pipsticks.com for further assistance. If your product is damaged or missing an item, please send over picture of the product with your email!

MISSING SUBSCRIPTION PRODUCTS: The shipping & delivery dates for your subscription are dependent on two things: your billing/signup date and your location. You'll get a shipping notification email when we drop them in the post! Please review our FAQ for detailed information on shipment and delivery times. If your delivery time has passed and you have still not received your shipment, please email our Customer Service Squad at hello@pipsticks.com for further assistance. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

REFUNDS FOR RETURNED PRODUCTS: Your refund will be issued via the same payment method used for the original purchase. Shipping and handling costs are non-refundable, and the cost of the return shipping will be deducted from your refund unless otherwise specified by our Customer Service Squad. When your return is received by Pipsticks, you will receive an email confirmation listing the items we received, their condition, and the refund value. Please allow up to 2 weeks for the credit to be reflected in your account. Allow up to 2 billing cycles for the credit to appear on your credit card statement.

REFUNDS WHEN PAID WITH GIFT CARDS: If you return items that were paid for using a Pipsticks Gift Cards, then you will be issued an e-gift card for the full refund amount.

REFUNDS WHEN SPLIT BETWEEN A GIFT CARD & CREDIT CARD: If you used a combination of payment methods, you will first be refunded with an e-gift card and the rest will be refunded to the credit card you used at the time of purchase.

LOCAL TAXES

You may be charged local sales tax or VAT, if applicable.

INTERNATIONAL ACCESS

This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

ORDER & SUBSCRIPTION CANCELLATIONS

Pipsticks may cancel orders for any reason, (ie: the item is out of stock, pricing errors, credit card payment is declined by the issuing financial institution). We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.

ORDER CANCELLATIONS: As soon as you submit payment your order is processed and pending shipment. We cannot guarantee that an order can be cancelled after payment is submitted. Once an order is shipped, the Return and Exchange Policy will apply.

SUBSCRIPTION CANCELLATIONS: We work hard to ensure all members are satisfied with their subscription. You may cancel your ongoing subscription at any time through your Pipsticks account on the Website. You must update your account on the Website no later than two (2) business days before your scheduled billing date to cancel this months shipment. IF YOU DO NOT CANCEL PRIOR TO YOUR BILLING DATE, YOU WILL BE CHARGED FOR THAT MONTH’S SHIPMENT OF PRODUCTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PIPSTICKS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE PIPSTICKS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO PIPSTICKS IN THE THEN-PRIOR CALENDAR MONTH.

INDEMNIFICATION

By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Pipsticks from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.

CONTENT SUBMITTED BY USERS

Accuracy: You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Pipsticks. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.

Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Pipsticks, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.

PROHIBITED CONTENT

By accessing our Website, any online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related online discussion forum to:
  • Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Pipsticks.
  • Use a name or language that Pipsticks, in its sole discretion, deems offensive.
  • Post defamatory statements.
  • Post hateful or racially or ethnically objectionable Content.
  • Post Content that infringes another's copyright, trademark or trade secret.
  • Post unsolicited advertising or unlawfully promote products or services.
  • Harass, threaten or intentionally embarrass or cause distress to another person or entity.
  • Impersonate another person.
  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
  • Exploit children under 18 years of age.
  • Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
  • Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
  • Obtain unauthorized access to any computer system through the Website.
  • Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
  • Solicit personal information from children under 13 years of age.
  • Violate any federal, state, local, or international law or regulation.
  • Encourage conduct that would constitute a criminal or civil offense.

 

SUBMITTED CONTENT

Pipsticks does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Pipsticks a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Pipsticks the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Pipsticks will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

MINORS

Pipsticks Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, all Content contained on this Website is the property of Pipsticks and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

The PIPSTICKS name, LET’S STICK TOGETHER tag line, and logo are trademarks and service marks of Pipsticks, Inc. (collectively the “Pipsticks Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pipsticks. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Pipsticks Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Pipsticks Trademarks will inure to our exclusive benefit.

We do not claim ownership of Content submitted by users without compensation by Pipsticks and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website is: Babu Law Firm, 1037 Mill Street, San Luis Obispo, CA, 93401.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

SECURITY

When you register to participate in Pipsticks services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

DISCLAIMER OF WARRANTY

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE BY THE INTENDED RECIPIENT.

Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN PIPSTICKS’ DISCRETION.

YOU MAY RETURN DEFECTIVE PRODUCTS WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PIPSTICKS DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LINKS TO THIRD-PARTY WEBSITES

This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Pipsticks, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.

NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Pipsticks of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Pipsticks does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

JURISDICTIONAL ISSUES

We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

TERMINATION

We may terminate any user’s monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

ENFORCEMENT

It is specifically stipulated that this Agreement will be interpreted and construed according to the laws of the State of California.  Venue for any dispute arising under this Agreement shall be in the courts in and for San Luis Obispo County, California.

Except for any claim seeking the exercise of the injunctive or equitable powers of a court of competent jurisdiction, any action to enforce or interpret this Agreement, or to resolve disputes with respect to this Agreement, shall be settled by arbitration in accordance with California Code of Civil Procedure Sections 1280 through 1294.2 and any successor provisions thereto.  The provisions of California Code of Civil Procedure Section 1283.05 regarding the right to take depositions and obtain discovery shall apply to the arbitration.  Arbitration shall be the exclusive dispute resolution process.  Any party may commence arbitration by sending a written demand for arbitration to the other parties.  Such demand shall set forth the nature of the matter to be resolved by arbitration.  The place of arbitration shall be in the County of San Luis Obispo, California.  The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute.  The parties shall share equally all initial costs of arbitration.  The prevailing party shall be entitled to reimbursement of attorneys' fees, costs, and expenses incurred in connection with the arbitration.  All decisions of the arbitrator shall be final, binding, and conclusive on all parties.  Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof.  The arbitrator (if permitted under applicable law) or such court may issue a writ of execution to enforce the arbitrator's decision.  Under no circumstances shall the arbitrator be authorized to award punitive damage awards, including, but not limited to, federal or state statutes permitting multiple or punitive damage awards.  Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.

SEVERABILITY

If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

CHILDREN'S PRIVACY AND PARENTAL CONTROLS

This Website is not intended for persons under the age of 13, and we have no intention of collecting or soliciting personal information from persons under the age of 13. If you are not 13 or older, you are not authorized to use the Website.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

FOR ADDITIONAL INFORMATION

If you have any questions about these Terms and Conditions, please contact support@pipsticks.com.

CONTESTS & GIVEAWAYS

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

Eligibility: Contests & Giveaways (the “Sweepstakes”) are open only to those who purchase a Pipsticks Monthly Subscription or sign up using the ‘No Purchase Necessary” instructions The sweepstakes is void where prohibited by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.

Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Pipsticks Inc., as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.

Sweepstakes Period: Monthly sweepstakes run from the 1st to the 31st of each month, ad-hoc sweepstakes will have time frames listed on each platform they are run on.

How to Enter: Monthly VIP Giveaways must be entered by subscribing to or being subscribed to a Pipsticks Monthly Subscription no later than the 14th of the current month, following the instructions OR by mailing a handwritten stamped letter to:

P.O. Box 13260
San Luis Obispo, CA 93406

Including your full name, mailing address, email address, date, prize you are entering for, and a pre-stamped envelope addressed to yourself for a raffle ticket to be mailed back to you, no later than the 14th of the current month.

All other sweepstakes must be entered to per the instructions posted on the Pipsticks Website, blog or social media (Facebook, Instagram, Twitter, Snapchat, Pinterest) or by mailing a handwritten stamped letter to:

P.O. Box 13260
San Luis Obispo, CA 93406

Including your full name, mailing address, email address, date, prize you are entering for, and a pre-stamped envelope addressed to yourself for a raffle ticket to be mailed back to you, no later than 5 days prior to the contest cutoff date.

The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Pipsticks Inc.. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Pipsticks Inc..

Prizes: Winners will receive prizes as listed on the Pipsticks Website, blog or social media accounts (Facebook, Instagram, Twitter, Snapchat, Youtube, Pinterest). Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Pipsticks Inc.. No cash or other prize substitution permitted except at Pipsticks Inc.’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Pipsticks Inc to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

Odds: The odds of winning depend on the number of eligible entries received.

Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Pipsticks Inc.. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. Pipsticks Inc. shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.

The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT PIPSTICKS INC.’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

Rights Granted by you: By entering this content you understand that Pipsticks Inc., anyone acting on behalf of Pipsticks Inc., or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

Terms: Pipsticks Inc. reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Pipsticks Inc. may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Pipsticks Inc.. Pipsticks Inc. reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.

Pipsticks Inc. has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.

Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Pipsticks Inc. reserves the right to seek damages from any such person to the fullest extent permitted by law.

By entering the Sweepstakes you agree to receive email newsletters periodically from Pipsticks Inc.. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.

Limitation of Liability: By entering you agree to release and hold harmless Pipsticks Inc and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.

Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Pipsticks Web Site. To read the Privacy Policy, click here.

Winners: To obtain a copy of the winner's name or a copy of these Official Rules, email your information to support@pipsticks.com Requests must be received no later than 25 days after start date of sweepstakes.

Copyright © 2015 Pipsticks, Inc.

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