Terms of Use
Version 1.0 – Feb. 21, 2023
Welcome to the Mama Godzilla site (referred to collectively with all other websites and mobile text programs and/or one of its affiliates or subsidiaries as the "Site"). Please review these Site terms of use as they govern your use of and purchase of products from our Site. By accessing, browsing, or using this site, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms then please do not use this site.
Mama Godzilla controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of Florida, without regard for its conflicts of law provisions. Mama Godzilla and you agree that a court of competent jurisdiction located in Florida, whether a state or federal court, will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these Terms of Use. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue, or forum non conveniens. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
Site Contents, Ownership, and Use Restrictions
The information contained in this Site, including all images, illustrations, designs, photographs, video clips, functionality, source code, object code, writings and other materials that appear herein are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Mama Godzilla or its subsidiaries and affiliates or are the property of their respective owners.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(1) Doing business with Mama Godzilla.
(2) Using this Site as a resource to determine if you would like to utilize Mama Godzilla services, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.
(3) embarking, with the knowledge and consent of Mama Godzilla, on a media campaign with Mama Godzilla.
Except in connection with doing business with, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Mama Godzilla or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws and, without the prior written permission of Mama Godzilla, is strictly prohibited.
If you choose to leave this Site via links to other non-Mama Godzilla sites, Mama Godzilla is not responsible for the terms of use, privacy policies or the cookies those sites use. Additionally, because Mama Godzilla does not control non-Mama Godzilla sites or the products/services advertised therein, you acknowledge and agree thatMama Godzilla is not responsible for the availability of such non-Mama Godzilla sites or products, and is neither responsible nor liable for any content, advertising, products, or other materials on or available from such sites. In no event shall any reference to any non-Mama Godzilla site, product or service be construed as an approval or endorsement by Mama Godzilla of such site, product, or service. Please see our Privacy Policy for further details.
Disclaimer of Warranty
Mama Godzilla is providing this site and its contents on an “as is” basis and makes no representations or warranties of any kind, either express or implied, including, without limitation, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, and non-infringement. Although Mama Godzilla believes the content to be accurate, complete, and current, Mama Godzilla does not represent or warrant that the information accessible on this site is accurate, complete, or current. Price and availability information is subject to change without notice.
Disclaimer of Liability
In no event shall Mama Godzilla be liable for special, indirect, exemplary, or consequential damages or any damages whatsoever, including but not limited to, loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortious actions, all arising out of or in connection with the use, copying, or display of the contents of this site. In an effort to provide our customers with the most current information, Mama Godzilla will, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold Mama Godzilla brand (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses, or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
About our Prices
Prices and the availability of items are subject to change without notice. Your purchase price may vary.
We reserve the right to limit sales. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors and are under no obligation to sell products or services subject to such a pricing error. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the products and programs described in such information at any time without notice.
There may be certain orders that we are either unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information.
User Comments, Feedback, and Other Information and Submissions Provided by You
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Mama Godzilla ("Transmissions") shall be and remain Mama Godzilla’s property. By submitting any Transmissions to Mama Godzilla, you represent and warrant that:
you are the sole author and owner of the Transmission and any intellectual property rights thereto;
all "moral rights" that you may have in such Transmission have been voluntarily waived by you;
all Transmissions that you post are accurate;
you are at least 13 years old; and
use of the Transmission you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any Transmission:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's intellectual property rights or rights of publicity or privacy;
that violates any law, statute, ordinance, or regulation;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers; or
that contains any computer viruses, worms, or other potentially damaging computer programs or files.
For any Transmission, you grant Mama Godzilla a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you.
Mama Godzilla reserves the right to change, condense or delete any Transmission that Mama Godzilla deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Mama Godzilla does not guarantee that you will have any recourse through Mama Godzilla to edit or delete any Transmission you have submitted. Mama Godzilla reserves the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not Mama Godzilla, are responsible for the contents of your Transmission. None of the content that you submit shall be subject to any obligation of confidence on the part of Mama Godzilla, its agents, subsidiaries, affiliates, partners, or third-party service providers, and their respective directors, officers, and employees.
By submitting your email address in connection with your Transmission, you agree that Mama Godzilla and its third-party service providers may use your email address to contact you about the status of your Transmission and others for administrative purposes.
Notice and Take-Down Procedures
If you believe any materials ("Materials") on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take-down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact us and provide the following information:
A clear statement identifying the works, or other materials believed to be infringed.
A statement from the intellectual property owner ("Owner") or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
Sufficient information about the location of the allegedly infringing Materials so that Shop My Apparel can find and verify its existence.
Your name, telephone number, and e-mail address.
A statement from you under penalty of perjury that the information supplied is accurate and that you are authorized to act on the Owner's behalf.
A signature or the electronic equivalent from the Owner or authorized representative.
Mama Godzilla shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products or services incorporating such information. You further agree that Mama Godzilla may use information about your demographics and use of this Site in any manner that does not reveal your identity.
Security
In using this Site you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage, or interfere with or to attempt to disrupt, damage, or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; or (iii) attempt to transmit any "virus," "Trojan horse," or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state, or local law, including, but not limited to, any regulations applicable to your use of this Site.
Terms of Use Revisions
Mama Godzilla may revise these terms of use by updating this posting. You agree that in the event any portion of these Site terms of use is found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.