Terms & Conditions
Bobblehead Headquarters, LLC (“Bobblehead Headquarters”) is an online database for the purpose of transactions relating to the buying and trading of collectible bobbleheads.
Launched in 2016, the database was built by the bobblehead collecting community along with the administrators at Bobblehead Headquarters. Users can upload their collectible bobbleheads onto the database for the purposes of buying, selling and trading the bobbleheads with other users of our database.
Your use of bobbleheadhq.com is subject to Bobblehead Headquarters' Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of Bobblehead Headquarters' data collection practices.
We reserve the right to change the terms and conditions under which the Site is offered for any reason. The most current version of the terms and conditions will supersede all previous versions. We encourage you to periodically review the terms and conditions to stay informed of our updates.
1. AGREEMENT BETWEEN USER AND BOBBLEHEADHQ.COM.
Our website consists of several different web pages operated by Bobblehead Headquarters, LLC. When you use bobbleheadhq.com (the “Site”), you are entering into a legal agreement and agree to comply with all the terms and conditions set forth herein. These terms and conditions apply to bobbleheadhq.com and Bobblehead Headquarters and dictate how the site is to be used. Bobbleheadhq.com is an E-commerce Site. Your use of the Site constitutes your agreement to all such terms and conditions.
2. MEMBER OBLIGATIONS.
In order to become a member on our site, you must first register your profile. Members agree to accept responsibility for all communications and other activities that occur under their account or password. Members will not assign or otherwise transfer their account to any other person or entity. Members will not create more than one account. Members agree that Bobblehead Headquarters is not responsible for any third-party access to their account resulting from theft or misappropriation of the account.
Subsequent to membership approval by Bobblehead Headquarters, members agree to pay all applicable fees and taxes. Failure to pay all applicable fees and taxes may result in the termination of your membership.
By using the Site, you agree to allow other members to contact you through the Site.
By using the Site, users acknowledge they are over the age of thirteen (13).
Bobblehead Headquarters and our associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content solely at our discretion.
3. STANDARDS OF CONDUCT.
Bobblehead Headquarters has certain standards of conduct which govern the behavior of members on the Site. Bobblehead Headquarters is committed to providing an environment free from any form of unlawful harassment or discrimination. By using the Site, you agree to follow our Standards of Conduct. The following standards are not comprehensive. They also do not limit our rights to impose discipline for any other conduct we deem inappropriate.
When using the Site, you agree to not: use Bobblehead Headquarters software for any illegal purpose, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; falsify yourself or your company; provide misleading, false and/or dishonest information to Bobblehead Headquarters or to other members; intentionally, recklessly, or negligently misuse, damage, steal or vandalize property that belongs to Bobblehead Headquarters, a third party, or the public; engage in disorderly conduct that may endanger others; engage in unprofessional conduct or improper conduct for the workplace; engage in sexual or other illegal harassment or discrimination; advertise or offer to sell or buy any goods or services for any business purpose; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Conduct that violates our standards will not be tolerated. If you violate any of these standards you will be subject to disciplinary action, up to and including termination of your access to bobbleheadhq.com and Bobblehead Headquarters hardware and software. Should a customer, member, or other person with whom Bobblehead Headquarters does business engages in such conduct, we will take swift corrective action.
Bobblehead Headquarters reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Always use caution when giving out any personally identifying information about yourself. Bobblehead Headquarters does not control or endorse the information posted by members on the Site, therefore, we specifically disclaim any liability with regard to the content posted by members and any actions resulting from your use of the Site.
4. COMMUNICATIONS WITH OTHER MEMBERS.
The Site may contain bulletin board services, chat areas, news groups, forums, personal web pages, and/or various communities designed to facilitate communication with other members, the public at large, or with a specific group. By using the Site, you agree to post, send, and receive messages and material that are proper and related to the subject or group to which you are posting.
Bobblehead Headquarters strictly prohibits spamming other members. Spamming is defined as sending the same message indiscriminately to a large number of recipients. If a member is reported one number of times they will receive a warning. If the spamming continues, the member will be suspended from accessing the Site (including the ability to purchase any of our products) for one (1) month. If the member does not cease spamming after the month-long suspension, their membership will be terminated.
While Bobblehead Headquarters is under no obligation to monitor our members’ communications, we reserve the right to review any communications posted to the Site and to remove any materials at our sole discretion. We reserve the right to terminate your ability to communicate with any or all of our members at any time without notice at our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children when using any of the communications tools offered on the Site. Bobblehead Headquarters does not control, endorse the content, messages, or information shared between members and, therefore, we specifically disclaim any liability with regard to member to member communications and any actions resulting from your communications with other members.
Materials uploaded to the Site may be subjected to limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
5. LINKS TO THIRD PARTY SITES AND SERVICES.
This Site may contain links to other websites. These websites are not under the control of Bobblehead Headquarters and we are not responsible for their contents. This includes without limitation any link contained in a third-party website, or any changes or updates to a third-party website. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bobblehead Headquarters or any affiliation with the third-party website’s operators.
Certain services made available via the Site are delivered by third-party websites and organizations, such as processing payments. By using any product, service, or functionality originating from the bobbleheadhq.com domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers. If you do not want information about you to be shared in this manner, do not use this feature.
6. UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
Members are granted a non-exclusive, non-transferrable, revocable license to access and use the Site strictly in accordance with these terms and conditions. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of this Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bobblehead Headquarters or our suppliers and protected by all applicable copyright and intellectual property laws and proprietary rights. You agree to observe and comply with all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to that content.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bobblehead Headquarters and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
7. MEMBER GENERATED CONTENT.
Bobblehead Headquarters does not, and will not, claim ownership of any content posted, uploaded, input, or submitted to the Site by members. However, by posting, uploading, inputting, or submitting content to the Site, you are granting Bobblehead Headquarters permission to use member generated content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat member generated content; and to publish your user name in connection with any content generated by you.
Bobblehead Headquarters will not provide any compensation with respect to the use of member generated content. We are under no obligation to post or use any member generated content provided and may remove any member generated content at any time at our sole discretion. By posting, uploading, inputting, or submitting your content you are effectively stating that you own or otherwise control all of the rights to any content generated by you as described in this section including, without limitation, all the rights necessary for you to post, upload, input, or submit your content.
8. CONSENT AND RELEASE FOR USE OF LIKENESS.
Any member that posts photos or videos containing their likeness grants Bobblehead Headquarters, our agents, employees, licensees, and successors in interest (the “Released Parties”) all ownership rights and the right to copyright, use, and publish any photographed or video likeness of you. The image may be copyrighted, used, and/or published individually or in conjunction with other photography or video works, and in any medium (including without limitation, print publications, public broadcast, CD-ROM format) and for any lawful purpose (including without limitation, trade, exhibition, illustration, promotion, publicity, advertising, and electronic publication).
Members waive any right to inspect or approve our use of any images containing your likeness, or the advertising copy or printed matter that may be used in connection with the use and/or publication of any images containing your likeness. You release Bobblehead Headquarters from any and all claims of libel, slander, invasion of property, infringement of copyright or right of publicity, or any other claim related to any images containing your likeness. This release includes without limitation any claim related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of any images containing your likeness.
9. TERMINATION/ACCESS RESTRICTION.
Bobblehead Headquarters reserves the right to terminate your access to the Site and the related services or any portion thereof at any time, without notice and solely at our discretion. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bobblehead Headquarters as a result of this agreement or use of the Site. Bobblehead Headquarters' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bobblehead Headquarters’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bobblehead Headquarters with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bobblehead Headquarters with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bobblehead Headquarters with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
10. LIABILITY DISCLAIMER.
THE INFORMATION, HARDWARE, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOBBLEHEAD HEADQUARTERS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BOBBLEHEAD HEADQUARTERS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, HARDWARE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, HARDWARE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BOBBLEHEAD HEADQUARTERS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, HARDWARE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOBBLEHEAD HEADQUARTERS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOBBLEHEAD HEADQUARTERS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
11. CLASS ACTION WAIVER.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
12. INTERNATIONAL USERS.
Bobblehead Headquarters and this Site are controlled, operated and administered from our offices within the USA. If you access the Site or any of the services offered by Bobblehead Headquarters from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bobblehead Headquarters Content accessed through bobbleheadhq.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
13. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Bobblehead Headquarters, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bobblehead Headquarters reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bobblehead Headquarters in asserting any available defenses.
We welcome your questions or comments regarding these terms and conditions:
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