Last Updated: November 9, 2015
The following terms and conditions are applicable to all gift cards issued by Sideshow Inc. (“Gift Card”). By purchasing,accepting, or using a Gift Card, customers agree to be bound by these terms and conditions.
1. Issuance. Gift Cards may only be issued by Sideshow Inc. (“Sideshow”) and may only be purchased by U.S. residents aged 18 years or older. All Gift Cards are issued in U.S. dollar values and will not be converted to any other currency, even if gifted to or used by a customer located outside of the U.S. A Customer’s daily purchases of electronic Gift Cards may not exceed $500. The maximum purchase and total balance of any Gift Card is $5000 and they are not reloadable. Gift Cards are not valid for use until they have been purchased, activated, and had monetary value added. Gift Cards cannot be purchased with PayPal or Amazon Checkout services.
2. Redemption. Gift Cards may only be redeemed towards the purchase of eligible goods provided by Sideshow on its website at www.sideshow.com. Gift Card balances may be applied to products, U.S. sales taxes, and shipping costs, but not to any international duties, taxes, or other fees. A Gift Card cannot be used to purchase another Gift Card. If there are gift card and non-gift card items within a customer’s order, the Gift Card balance will only be redeemable on the non-gift card items.
3. Limitations. Except as required by applicable law, Gift Cards, including any partial balances, are not redeemable for cash. Gift Cards may not be resold in any manner. Customers will not receive any interest on any Gift Card balance. Gift Cards are not a credit card, charge card, or debit card and their usage will not enhance nor improve a customer’s credit rating.
4. Risk of Loss. The risk of loss and title for Gift Cards pass to the customer upon Sideshow’s electronic transmission of the Gift Card to the designated recipient or Sideshow’s delivery to the carrier, whichever is applicable. Sideshow is not responsible if any Gift Card is lost, stolen, or destroyed, or is used without a customer’s permission. Customers should treat Gift Cards with the same degree of care as they would cash. If a Gift Card is lost, damaged, or stolen, Sideshow will only consider a request for replacement if a customer provides proof of purchase, including the complete gift card number.
5. Violation of These Terms and Conditions. Sideshow reserves the right to void or deactivate Gift Cards, close customer accounts, or bill alternative forms of payment if it suspects that a Gift Card is obtained, used, or applied fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
6. Limitation of Liability. SIDESHOW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, THE CUSTOMER’S SOLE REMEDY, AND SIDESHOW’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD SUBJECT TO THE CONDITIONS SET FORTH HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7. Arbitration. Any dispute or claim relating in any way to Gift Cards will be resolved by binding arbitration, rather than in court. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Arbitration will be conducted by a single neutral arbitrator administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The Customer shall have the right to a hearing in his or her hometown area, but shall be conducted in Ventura County in the State of California unless otherwise requested. The Customer shall only be required to pay the fee to initiate arbitration. All other fees and costs of arbitration shall be borne by Sideshow. The arbitrator shall be allowed to require that the parties exchange non-privileged information relevant to the claim. The Arbitrator shall provide written award stating the disposition of each claim and providing a concise written statement of the essential findings and conclusions on which the award is based.
Customers who purchase, accept, or use a Gift Card agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated,or representative action.
8. General Terms. Customers who purchase, accept, or use a Gift Card agree that the laws of the State of California apply, without regard to principles of conflict of laws. Sideshow reserves the right to modify, alter, amend, or change these terms and conditions from time to time in its discretion without advance notice. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.