PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "SITE"). By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use this site.

Welcome to gagworks.com Web site (hereinafter "Funantics Toys" or the "Site") provided by Funantics Toys ("Funantics”). The following terms and conditions and any other policies, notices, rules, or guidelines posted on the Site shall govern your use of the Site. IF YOU VISIT OR SHOP AT Gagworks.com, YOU ACCEPT THESE TERMS AND CONDITIONS. Please read all Terms and Conditions before using this Site or purchasing any of the products or using any of the services available on or through it. By accessing, browsing, and using this Site, you acknowledge that you have read, understood, and agree to comply with all Terms and Conditions. If you do not agree to all of the following Terms and Conditions of use, please leave our Site now. We reserve the right to revise and update these Terms and Conditions at any time in the future without notice to you so please check back from time to time. Your continued use of this Site any changes have been made constitutes your acceptance of the changes to the Terms and Conditions.

Funantics Toys reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.

Copyright
All site design, text, graphics, interfaces, and the selection and arrangements thereof are (c) 1996 - 2008 Fun Antics. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with GagWorks.com. or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Funantics Toys is strictly prohibited.

Electronic Communications
When you visit gagworks.com, purchase products or services through the Site, or instigate contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy
We do not disclose or sell any personal information received by our customers. For more information on this please see our privacy policy page.

Intellectual Property
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (the "Content"), is the property of Funantics Toys or its content suppliers, sponsors, licensors or affiliates and protected by United States and international copyright laws, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. All software used on this site is the property of Funantics Toys or its software suppliers and protected by United States and international copyright laws. Except as expressly provided in these Terms and Conditions, we do not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Under no circumstances will gagworks.com / Funantics be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Funantics, Gagworks.com and any other marks indicated on our site or catalog are the property of Funantics in the United States and other countries. Gag Works and other graphics, logos, page headers, button icons, scripts, are marks of Funantics Toys. You may not use or link to these marks or service marks or sites without the express written consent of Funantics. Funantics marks may not be used in connection with any product or service that may, in any manner be likely to cause confusion among customers, or in any manner that disparages or discredits Gagworks.com, and/or all companies under the Funantics Toys Company.

Account Maintenance
By using this site, you represent that you will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. Funantics Toys will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. If you are under 18, you may use the Site only with involvement of a parent or guardian. To purchase any products or use the services on this Site, you must open an account with us and/or provide the required information to us. By entering any information on this Site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

Termination
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspects of this Site at any time without prior notice.

Pictures / Description of Products
 We make every effort to update our description and pictures of the products we sell, Please note that the Pictures on our website are representative of the product for example purposes.  We try to show the most current product available. All products on our website are subject to change in color, design, shape and packaging, due to manufacturer updates, changes and availability.
 
 Pricing of Products
 Price and availability information is subject to change without notice.  Product pricing shown on our website and in our catalog are discounted pricing. Some items will also note sale, special or closeout reductions, these will be clearly noted on the product pages.
 
 Order Acceptance
 The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Funantics Toys reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Small Parts
Products on our site and in our catalog might contain small parts and are not recommended for children under 6 years of age. 

Errors and/or Omissions
While we endeavor always to provide top quality merchandise at a good value, from time to time errors are discovered on our website pages. Funantics Toys reserves the right to refuse to ship merchandise listed incorrectly either by price or description, at our discretion. All merchandise is subject to prior sale. Presentation in our website does not guarantee availability of any items. Funantics Toys reserves the right to substitute items of a similar effect or nature without notification to the customer; except: If the product has been discontinued, there will be no substitution to this order without attempted contact by Funantics Toys for prior approval by the customer

Product Description
Funantics Toys site Gagworks.com attempts to be as accurate as possible with our product descriptions. However, Funantics Toys does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.

Satisfaction Period Guarantee Terms and Conditions
Funantics Toys offers a  30 day satisfaction period for all Retail orders placed with its company or featured sites. If a Customer is not satisfied with the whole order or parts of the order received, it may be returned for a full product credit; the customer is responsible for shipping charges back to Funantics Toys and will not receive credit back for any or part of all shipping charges involved. All returned items must be in the original packaging and free of any stickers, tags, or other markings not originally on the item. Returned products must be in their original condition, unwrapped, unopened and in a resalable state. This satisfaction guarantee does not apply to non-returnable items listed in the Funantics Toys return policy for non-returnable items; this can be related to health and safety issues or items that are on special, discounted or a closeout. see our, General Merchandise Return Policy for further details.

Disclaimer of Warranties and Limitation of Liability
ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. CLAIMS AGAINST FUNANTICS TOYS FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THE SHIPMENT. Funantics Toys MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS LISTED OR PURCHASED ON OR THROUGH THIS SITE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK, AND THAT ANY CONTENT AVAILABLE ON THIS SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE. PRODUCT COMPARISONS DO NOT IMPLY THAT ALL PRODUCTS COMPARED ARE AVAILABLE, OR IN THE CASE OF FUNCTIONAL EQUIVALENCY, THAT PERFORMANCE OR OTHER CHARACTERISTICS ARE EXACTLY COMPARABLE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE.

Indemnification
 You agree to indemnify and hold Funantics Toys harmless from any claim, action, demand, loss or damages (including attorneys' fees) arising out of or related to your use of this Site, any purchases you make on or through this Site, Content you post or transmit on this Site, any violation of these Terms and Conditions by you, or any violation of any rights of any person or entity by you.

Choice of Law; Venue
 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that California is an appropriate place for venue of any litigation and that California courts have jurisdiction over this agreement and customer. In the event the customer and are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys fees incurred.

Entire agreement
These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.

Terms and Conditions
 This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all terms and conditions set forth in any documents issued to customer or by customer, including, without limitation, purchase orders and specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY Funantics Toys, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Funantics Toys.

External Sites
 This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that Funantics Toys is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Our Address
http://www.gagworks.com