Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Use Of Site
  • Smiling Pines LLC Terms of Use

    Last updated: July 6, 2014

    Welcome to SmilingPines.com. Smiling Pines LLC ("Smiling Pines ") provides website features and other products and services to you when you visit or shop at SmilingPines.com, or use Smiling Pines products or services (collectively, " Smiling Pines Offerings"). In particular and without limitation, these Terms of Use apply to all Bejinx™ products. Smiling Pines provides the Smiling Pines Offerings subject to the following conditions.

    By using any of the Smiling Pines Offerings, you agree to these conditions. Please read them carefully.

    PRIVACY

    Smiling Pines knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This portion of the Terms of Use describes our privacy policy. By visiting SmilingPines.com, you are accepting the practices described here.

    We receive and may store any information you enter on our Website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of all our features. We may use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our store, and communicating with you. For example, like many websites, we use "cookies," and we obtain certain types of information when your web browser accesses SmilingPines.com or advertisements and other content served by or on behalf of SmilingPines.com on other Websites. A “help” feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. But if you block or otherwise reject our cookies, you may not be able to add items to your shopping cart, checkout, or use products and services that require you to sign in. To help us make e-mails more useful and interesting, we may receive a confirmation when you open e-mail from us, if your computer supports such capabilities.

    We may share customer information related to transactions with third parties, such as co-branded affiliates, other companies and individuals that perform fulfillment, data cleansing, credit card processing, marketing assistance, and/or other functions on our behalf. They have access to personal information needed to perform their functions, but may not use it for other purposes. We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of SmilingPines.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

    We work to protect the security of your information during transmission by using Secure Sockets Layer software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

    SmilingPines.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under the age of majority in your jurisdiction (18 in the United States), then you may use SmilingPines.com only with the involvement of your parent or guardian.

    If you choose to visit SmilingPines.com, your visit and any dispute over privacy is subject to this privacy policy and the rest of our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Utah. If you have any concern about privacy at SmilingPines.com, please contact us with a thorough description, and we will try to resolve it. Our business changes continually, and our Terms of Use will change also. You should check our website frequently to see recent changes. Unless stated otherwise, our current Terms of Use apply to all information that we have about you and your account.

    ELECTRONIC COMMUNICATIONS

    When you use any Smiling Pines Offering, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You 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.

    COPYRIGHT

    All content included in or made available through any Smiling Pines Offering, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Smiling Pines or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content included in or made available through any Smiling Pines Offering is the exclusive property of Smiling Pines and is protected by U.S. and international copyright laws.

    TRADEMARKS

    A partial list of Smiling Pines trademarks includes: Smiling Pines, the Smiling Pines logo, Bejinx, The Game Changer, It’s a Game Changer, Supercharge Any Game!, and the whale surfer logo. In addition, graphics, logos, page headers, button icons, scripts, taglines, product names, and service names included in or made available through any Smiling Pines Offering may include trademarks or trade dress of Smiling Pines in the U.S. and other countries. Smiling Pines' trademarks and trade dress may not be used in connection with any product or service that is not Smiling Pines’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Smiling Pines.

    All trademarks not owned by Smiling Pines that appear in any Smiling Pines Offering are the property of their respective owners. These trademarks are used, for example, to identify games that a Smiling Pines’ Bejinx™ product is compatible with, not to identify Smiling Pines as the official source of such games. Unless stated otherwise, the owners of these other trademarks are not affiliated with, connected to, sponsors of, or sponsored by, Smiling Pines. In particular and without limitation, Smiling Pines is not affiliated with, connected to, or sponsored by any publisher of any game that any Smiling Pines’ Bejinx™ product is compatible with, unless such an affiliation or sponsorship is stated expressly by Smiling Pines and by the publisher in question.

    PATENTS

    Like copyrights and trademarks, patents help ensure that you receive genuine high-quality Smiling Pine Offerings, not fakes or counterfeits. One or more patents or patent applications owned by Smiling Pines apply to the Smiling Pines Offerings and/or to the features and services accessible via the Smiling Pines Offerings. A partial list of applicable Smiling Pines patent applications includes: PCT/US14/045401.

    LICENSE AND ACCESS

    Subject to your compliance with these Terms of Use and your payment of any applicable fees, Smiling Pines grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Smiling Pines Offerings. This license does not include any resale or commercial use of any Smiling Pines Offering, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Smiling Pines Offering or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Smiling Pines or its licensors, suppliers, publishers, rights holders, or other content providers. No Smiling Pines Offering or portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smiling Pines. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smiling Pines without express prior written consent. You may not use any meta tags or any other "hidden text" utilizing Smiling Pines’ name or trademarks without the express prior written consent of Smiling Pines. You may not misuse the Smiling Pines Offerings. You may use the Smiling Pines Offerings only as permitted by law. The licenses granted by Smiling Pines terminate immediately and automatically if you do not comply with these Terms of Use.

    YOUR ACCOUNT

    If you use any Smiling Pines Offering, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Smiling Pines does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your jurisdiction (18 in the United States), then you may use SmilingPines.com only with the involvement of your parent or guardian. Smiling Pines reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

    REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

    Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Smiling Pines reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

    If you do post content or submit material, and unless we indicate otherwise, you grant Smiling Pines a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Smiling Pines and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Smiling Pines for all claims resulting from content you supply. Smiling Pines has the right but not the obligation to monitor and edit or remove any activity or content. Smiling Pines takes no responsibility and assumes no liability for any content posted by you or any third party.

    COPYRIGHT COMPLAINTS

    Smiling Pines respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

    RISK OF LOSS

    All items purchased from Smiling Pines are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

    RETURNS, REFUNDS AND TITLE

    Smiling Pines does not take title to returned items until the item arrives at our fulfillment center or our headquarters. At our discretion, a refund may be issued without requiring a return. In this situation, Smiling Pines does not take title to the refunded item. For more information about our returns and refunds, please contact us.

    PRODUCT DESCRIPTIONS

    Smiling Pines attempts to be as accurate as possible. However, our products continually evolve, and descriptions may contain subjective opinions or information which is believed to be accurate but is not. Smiling Pines does not warrant that product descriptions or other content of any Smiling Pines Offering is accurate, complete, reliable, current, or error-free. If a product offered by Smiling Pines itself is not as described, your sole remedy is to return it in unused condition.

    PRICING

    Except where noted otherwise, the List Price or Suggested Price displayed for products on any Smiling Pines Offering represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by a third party, the List Price or Suggested Price may be provided by that third party.

    With respect to items sold by Smiling Pines, we cannot always confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Smiling Pines is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

    We may charge your credit card either when you place your order, or later, e.g., after your order has entered the shipping process.

    OTHER BUSINESSES

    Parties other than Smiling Pines may operate stores, provide services, or sell product lines you reach through our site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Smiling Pines does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

    DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    THE SMILING PINES OFFERINGS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMILING PINES OFFERINGS ARE PROVIDED BY SMILING PINES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SMILING PINES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SMILING PINES OFFERINGS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMILING PINES OFFERINGS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SMILING PINES OFFERINGS IS AT YOUR SOLE RISK.

    TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMILING PINES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMILING PINES DOES NOT WARRANT THAT THE SMILING PINES OFFERINGS, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMILING PINES OFFERINGS, SMILING PINES SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SMILING PINES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMILING PINES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SMILING PINES OFFERING, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SMILING PINES OFFERING, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

    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 MIGHT HAVE ADDITIONAL RIGHTS.

    DISPUTES

    Any dispute or claim relating in any way to your use of any Smiling Pines Offering, or to any products or services sold or distributed by Smiling Pines or through SmilingPines.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

    To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent John Ogilvie, Smiling Pines LLC, 2552 S. Wilshire Circle, Salt Lake City, UT 84109. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will not reimburse those fees. However, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous or the fees and costs exceed $1000. You may choose to have the arbitration conducted by telephone, based on written submissions, in Salt Lake County, Utah, or at another mutually agreed location.

    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

    APPLICABLE LAW

    By using any Smiling Pines Offering, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Smiling Pines.

    SITE POLICIES, MODIFICATION, AND SEVERABILITY

    We reserve the right to make changes to our site, policies, and/or Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

    OUR ADDRESS

    Smiling Pines LLC

    2552 S. Wilshire Circle

    Salt Lake City, UT 84109

    http://www.SmilingPines.com

     

    How to Serve a Subpoena

    If you have a subpoena to serve on Smiling Pines, please note that Smiling Pines does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Smiling Pines registered agent at our address above.

    Notice and Procedure for Making Claims of Copyright Infringement

    We respond quickly to the concerns of rights owners about any alleged infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing to our registered agent at our address above, with this information:

    • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description of where the material that you claim is infringing is located on the site;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Please note that this procedure is exclusively for notifying Smiling Pines that you believe your copyrighted material has been infringed.

     

    Smiling Pines LLC Pricing Policies

    Freight Policy

    Qualified orders shipping from Smiling Pines with an invoice totaling $500 or more will be shipped free freight, all other orders will be charged freight. Free freight is available only for UPS or FedEx ground shipments to commercially zoned addresses in the contiguous United States. Free freight counts only toward direct freight costs, not toward forwarding charges, incidental handling fees, COD tag fees, residential delivery fees, rural shipping fees, or other special fees levied by UPS or FedEx.

    Smiling Pines also offers free shipping as an incentive to individual consumers on qualifying orders. Details are available when ordering online.

    Shipping Procedures

    Unless other arrangements are made, when product is in stock orders are shipped within 3 business days of receiving the order. When product is not in stock, shipment may be delayed up to an additional three weeks. Orders may not be canceled after product has shipped.

    Discount Structure

    On orders with an invoice totaling $1000 or more, qualified distributors get a 65% discount off MSRP if the invoice is prepaid upon ordering, 60% off MSRP if the invoice payment is postmarked within 1 to 10 days of the order ship date, and 55% off MSRP if the invoice payment is postmarked within 11 to 30 days of the order ship date. To qualify as a distributor, contact info@smilingpines.com. You will be asked for a list of the manufacturers whose goods you distribute, a copy of your most recent product catalog, and related information.

    On orders with an invoice totaling $400 or more, qualified retailers get a 40% discount off MSRP. Orders with an invoice totaling $500 or more will be shipped free freight. All retailer invoices must be prepaid upon ordering. With their first order, qualified retailers also receive a free 6-pack or 12-pack brick box display (or both), and 50 free promotional samples. To qualify as a retailer, contact info@smilingpines.com. You will be asked for a copy of your retail sales tax license and business license in the jurisdiction where your store is located, and a picture of your physical store. Your business must be located at a permanent address zoned for commercial or retail use. You will also be asked to confirm that none of our qualified distributors already ship products to you.

    Smiling Pines also offers individual consumers limited time or other conditional discounts of up to 10% off MSRP as an incentive on qualifying orders. Details are available when ordering online. A limited number of discounted products and/or promotional products are also offered during trade shows, gaming conventions, playtests, and similar events.

    In addition to any other discounts, Smiling Pines sometimes offers various convention specials, and/or pre-order incentives. In some cases, for example, individual customers get up to 20% off the MSRP on prepaid orders. Qualified retailers and qualified distributors may each get an additional 5% off MSRP, and the payment periods may begin only when product is ready to ship.

    Payment Terms

    MSRP and all other figures are in US Dollars. Payment is accepted in the form of cash, major credit cards, PayPal, wire transfer (with all bank fees paid by ordering party), or in the case of qualified retailers and qualified distributors, by check. Returned or bad checks are subject to an additional $25 service charge. Currency exchange costs and fees are the sole responsibility of the ordering party.

    Late Penalties

    Service charges for late payment (after 30 days) are 1.5% of the unpaid balance per month, plus a collection fee of $50. Smiling Pines also retains title to all goods shipped to a party until all invoices to that party have been paid in full, and may enter the party’s business premises during normal business hours to repossess the goods after any invoice remains unpaid for more than 60 days.  

    Returns

    We must be notified of any errors or damage within 3 business days of when you receive your order. After return is authorized, a full refund in the form of credit toward future purchases will be given for items which are returned intact and in condition for re-sale, minus a 10% restocking fee unless the return is due to our mistake. To obtain a return authorization, contact info@smilingpines.com before returning the goods. No refund will be made on original shipping costs, or on the shipping paid to return the goods.

    Updates and Related Conditions

    The terms and conditions of Smiling Pines’ pricing and other policies described here are subject to change.

    Updated: 27 July 2014