Terms Of Use

Last Update: June 20, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Please read and review these Terms of Use carefully before accessing or using this website. By accessing or using this site, you acknowledge and agree that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to these terms and conditions, you may not access or use the site. We may update and modify these Terms of Use from time to time. Your continued use of www.pokemoncenter.com following the posting of any changes to these terms shall mean that you have accepted those changes. The term "Pokémon" refers to The Pokémon Company International, Inc. and its parent company (The Pokémon Company) and their respective subsidiaries.

THIS IS AN AGREEMENT
The following are terms of a legal agreement between you and The Pokémon Company International, Inc. By accessing and/or using the website www.pokemoncenter.com, including any subsite accessible through the homepage (the "Site"), you acknowledge that you have read, and agree to be bound by, this agreement. If you do not agree to these terms, do not use the Site or authorize its use by others.

USE BY CHILDREN
This site is not intended for use by children. If you are under the age of majority (which is 18 in most states), you may not purchase any products from this Site, and you may only use this Site with the involvement of your parent or guardian. We strongly encourage all parents and guardians to supervise and monitor Internet use by their children. If you use the Site, you affirm you are at least 18 years old.

CONTENT

RESTRICTIONS ON USE OF MATERIALS
All materials contained in this Site are the copyrighted property of Pokémon or its affiliates and licensors, unless otherwise noted. All trademarks, service marks, and trade names are proprietary to Pokémon or its affiliates and licensors, unless otherwise noted. No material from the Site or any other Internet site owned, operated, licensed, or controlled by Pokémon may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our prior written consent, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that you keep all copyright and other proprietary notices intact; no modifications are made to the materials; you do not use the materials in any manner suggesting an association with any of our products, services, or brands; you do not download quantities of materials to a database for any reason.

INTELLECTUAL PROPERTY
All content on the Site, including articles, artwork, screen shots, graphics, logos, digital downloads and other files, is the property of Pokémon or its affiliates or licensors, unless otherwise noted, and is protected by United States and international copyrights, trademarks and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. All content on this site, including articles, artwork, screen shots, graphics, logos digital downloads and other files, may not be used on any other website, in any publications, in public performances, in connection with any product or service that is not Pokémon's, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Pokémon, or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes Pokémon's intellectual property rights. Pokémon does not grant permission to individuals to use any content from this Site. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. You acknowledge and accept that you have no property or other rights in any content on the Site, including but not limited to content that you may have created, developed, or submitted.

If you believe that some portion of this Site infringes your copyright and you wish to file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v. A statement that the complaining party has 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.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We accept notifications by email at legalnotices@pokemon.com, or by postal mail at the following address:

Attn: General Counsel
The Pokémon Company International, Inc.
601 108th Ave. NE, Suite 1600
Bellevue WA 98004 USA.

LINKING
Pokémon does not allow or condone links to its website, pages, materials, or information without prior inspection, evaluation, and written consent by Pokémon. Neither Pokémon nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates is responsible for maintaining any materials referenced from another site, and makes no warranties for that site or this Site in such context. Pokémon is not responsible for content on a site operated by a third party, including content on a site operated by a distributor who links to this Site with Pokémon's consent.

USER'S OBLIGATIONS
In connection with the use of the Site you shall comply with all applicable laws and legal obligations, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. The materials and information available on the Site may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal prosecution and penalties.

SUBMISSIONS
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, product reviews, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claims that the use of any such material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way Pokémon uses such material.

By submitting information to the Site, you grant Pokémon and its successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy, modify, create derivative works from, publish, and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No consideration or compensation need be made for any materials or information (including but not restricted to creative, financial, business, commercial, etc.) submitted in any manner.

Rules for Chatrooms, Bulletin Boards, and Other User-Supplied Material
This Site may have an area which allows you to "chat" or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site.

Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although Pokémon may from time to time monitor or review bulletin boards, chatrooms, discussions, product reviews, postings, transmissions, and the like on the Site, Pokémon is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Pokémon may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, offensive, otherwise objectionable or that violate Pokémon's policies in any way. Pokémon will fully cooperate with any law enforcement authorities or court order requesting or directing Pokémon to disclose the identity of anyone posting such materials.

Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Pokémon does not cause Pokémon or any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates to have any special responsibility to you.

Contests; Sweepstakes
This Site may refer to contests, sweepstakes or similar events that offer prizes or that require you to send in material or information about yourself. Each contest, sweepstakes or other such event has its own rules, which you must read and agree to before you may enter.

Privacy Policy
Pursuant to the privacy policy for this Site, we may disclose to third parties certain information contained in the data you supply when registering for this Site and other data. Our Privacy Policy does not apply to information that is not personal information. You agree to and accept our Privacy Policy. For more information, please see our Privacy Policy.

Registration; Suspension of Account
If you elect to register to use this Site, or to participate in any sweepstakes or contest, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by this Site's registration form (such information being the "Registration Data"), and (2) maintain and promptly update the Registration Data to keep it accurate. You are responsible for keeping your account information and password confidential, and you are responsible for all activity that occurs under your account. You agree to promptly notify us of any unauthorized use of your username, password, or other account information. Pokémon has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) if you provide any information that is untrue, inaccurate, or incomplete, or if Pokémon suspects in its sole discretion that it has grounds to believe that such is the case.

TERMS OF SALE

Order Eligibility
Pokémoncenter.com is intended for use by customers over the age of 18 in the United States only. There may be limits on where we can ship products as explained in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within the United States. We make no promise that products and services available on the Site are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), and non-public performance and may not be duplicated.

Product Availability, Display, and Specifications
Details of the products and services available for purchase are set out on the Site. All features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site.

We make reasonable efforts to publish information and display product images and colors accurately, but we cannot guarantee that the color you see on your monitor will exactly match the product’s color. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown.

Purchase Restrictions and Quantity Limits
You may only purchase products for personal use by either yourself or your intended recipient of the products. We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order for reasons including, but not limited to, your payment cannot be processed, the products you ordered are not available, or for errors made in connection with your order.

Order Process; Errors
You will have the opportunity to review and confirm your order, including delivery address, payment method, and product details. We will send you a notice when we accept your order and our acceptance will be complete at the time we send the notice. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

We reserve the right to refuse or cancel any order prior to delivery. For example, if there are obvious errors on the Site or made in connection with your order, inaccuracies in product or pricing information or product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain product or service may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

Price
Prices shown on the Sites exclude all taxes or charges that may apply to your purchase. Prices shown on the Site also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping cart is shown at the current price.

Payment
The Site gives you different payment options. We reserve the right to change our payment options at any time and for any reason. When you provide bank card information, account numbers, or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites. Credits or refunds will be made to the same method of payment and account used to place the order.

Returns
Our returns policy is in addition to any statutory rights you may have under law. We will accept any items returned in accordance with our return policy described on our returns page (“Return Policy”). We may deny any return if it fails to meet our return criteria described in our Return Policy. For additional information on our returns process and policy, please visit our Return Policy.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER POKÉMON NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO POKÉMON'S NEGLIGENCE, SHALL POKÉMON OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF POKÉMON OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF POKÉMON AND AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR AMOUNTS PAID BY YOU.

Pokémon's Right to Modify These Terms of Use or Content on the Site
Pokémon may add to, change, or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Pokémon may add, change, discontinue, remove, or suspend any other content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Indemnification
You agree to indemnify, defend, and hold Pokémon and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. Pokémon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Pokémon.

General Provisions
These Terms of Use and any additional terms posted on this Site together constitute the entire agreement between Pokémon and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of laws provisions, as applied to agreements executed by Washington residents and performed solely within the State of Washington, and you submit to personal jurisdiction in Washington. The parties irrevocably agree that the state and federal courts located in the State of Washington, U.S.A. shall have exclusive jurisdiction in respect of any dispute which may arise out of or in connection with these Terms of Use in respect of any claim brought against Pokémon by you and shall have non-exclusive jurisdiction in respect of any claim brought against you by Pokémon. You submit to personal jurisdiction in Washington and agree to accept service of process by mail in the state in which your residence is located as specified by you to Pokémon. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision shall survive termination or expiration of this Agreement.