Terms of Service

Terms of Use

Welcome to the www.pinatabox.com website (the “Site”). The site is owned and operated by Piñata Enterprises, LLC (“Piñata”). Through your accessing, browsing, visiting or using (collectively “use”) this Site, you acknowledge that you have read, understood, and accepted the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site and Membership (defined below) constitutes your agreement to be bound by all such Terms. Your use of the Site or sending emails to Piñata constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Piñata provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. If you do not agree to any of these Terms, you should not use this Site or sign up for a Membership.

Piñata grants you a limited, non-transferable, non-exclusive, personal license to access and use the Site strictly in accordance with the Terms. Piñata reserves the right to revise or amend the Terms at any time by updating this section of the Site. You should review the Terms each time you use the Site as your use of the Site will constitute your acceptance of any revisions or amendments. Additionally, Piñata reserves the right, in its sole discretion and without notice to you, to revise the content, materials, products, merchandise or services available on the Site and to change, edit, suspend, restrict or discontinue any aspect of the Site, with no liability to you or any third party. Hereinafter, the Piñata Box (defined below), other products, merchandise, services and the like offered by Piñata in connection with the Site shall collectively be referred to as “Piñata Products.”

1. Use of the Site
Your use of the Site is limited to noncommercial, personal use and shall be at all times in compliance with the Terms. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You acknowledge that Piñata is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site.  As a condition of use your of the Site, you agree not to use the Site for any purpose prohibited by the Terms or any of the following purposes: posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity; posting any information which is untrue, inaccurate or not your own; engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation.  Attempting to interfere in any way with the Site’s or Piñata’s network security, or attempting to use the Site’s service to gain unauthorized access to any computer system or another Member’s account is strictly prohibited.

2. Additional Terms and Conditions
You agree that additional terms and conditions may apply to Piñata Products, specific products, merchandise, orders or your use of certain portions of the Site, including but limited to ordering, shipping and return policies, and membership reward programs, if any (“Additional Terms”). Such Additional Terms are incorporated herein and made part of the Terms by this reference. If any conflict arises between the Terms and the Additional Terms, the Additional Terms shall control.

3. Membership
The Site is available to registered users who are 18 years (each a “Member”).  Individuals under 18 years old must at all times use the Site only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Member, if applicable) and will be responsible for any and all use of the Site and by the individual under 18.

Piñata provides a monthly membership program that grants you access to exclusive products available for a limited time. As a Member you will receive a new Piñata Box each month shipped to the Member at the address provided upon sign-up.  The “Piñata Box” will contain between four and five products consisting of some combination of apparel and accessories. To become a Member, simply purchase one of the Memberships (defined below) on the Site and you will be automatically enrolled. As a Member, you may also receive emails, newsletters, and special offers. Piñata reserves the rights to revoke, suspend, or restrict your Membership for any reason at any time including as a result of a violation of the Terms or the Privacy Policy, without notice. If Piñata bans you from the Site, you may not return to the Site for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site after you've been banned, you will be deemed to have breached the Terms, and Piñata reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.  Membership is void where prohibited by law.  

“Memberships”:
$75/box  & $65/box with a Monthly Membership. Minimum of 3 months, paid in full at sign-up, non-refundable, no cancellations and no-partial refunds. Following initial 3 months, non-refundable, pay as you go plan. Automatically recurs each month unless cancelled before the 1st of the month of the next bill cycle.  Billed upon sign-up.  Next bill is between 1-7th of the following month.

NOTE: For sake of clarity, any cancellation submitted on or after the 1st of the shipping month will take effect the next applicable bill cycle. To cancel a Monthly Membership, login to your account , and complete the Cancel Request Form.  Please note, Memberships are processed in full at the time of joining and cannot be canceled or refunded. However, such Membership can be transferred to a new recipient.  You can email info@pinatabox.com to request the transfer of a Membership.

4.  Product Information; Limitation on Quantities
Excluding any content or materials which may be submitted by Members from time to time, Piñata will use reasonable commercial efforts to ensure that the information on the Site is complete and accurate. However, there may be times when the aforementioned information may contain pricing errors, typographical errors and other errors or inaccuracies. You acknowledge and agree that Piñata may correct any such errors or inaccuracies without notice or liability to you or any third party.

Any information Piñata provides to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.

Piñata reserves the right to (i) limit the number of Memberships purchased by Members (ii) revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged) (iii) select or change any products or merchandise offered in the Piñata Box. Piñata does not guarantee that all products or merchandise described on our Site will be available.

5. Proprietary Rights
Exclusive of those materials you or other users make available through the Site, you acknowledge and agree that all content included as part of the Site including but not limited to materials, text, graphics, images, videos, music, trademarks, service marks, logos as well as the compilation thereof, and any software or other elements used on the Site (collectively, “Protected Content”) is the property of Piñata, its suppliers or our licensors and is protected by copyright, trademark and/or other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices or other restrictions contained in any such Protected Content. You agree not to sell, license, transfer, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit, modify or create derivative works, or in any way exploit, any of the Protected Content, whole or in part, found on the Site.  

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 Protected Content. You agree you will use Protected Content solely for your personal use, and will make no other use of the Protected Content without the express written permission of Piñata and the intellectual property owner. You agree that you shall not acquire any ownership interest in any Protected Content. Piñata does not grant you any licenses, express or implied, to the Protected Content except as expressly authorized by the Terms.

6. Submitted Materials
Piñata does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant Piñata a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive gratis license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. Further, Piñata will be entitled to use any materials submitted by you for any purpose in perpetuity without incurring obligations of confidentiality, attribution or compensation to you.

You hereby represent, warrant and covenant that (i) any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Piñata the license specified above (ii) any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material (iii) any materials you provide do not infringe on any intellectual property, publicity or privacy right of another person or entity; you shall not (i) post any information which is untrue, inaccurate or not your own (ii) engage in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation or (iii) attempt to interfere in any way with the Site’s or Piñata’s network security, or attempt to use the Site’s service to gain unauthorized access to any computer system or another Member’s account is strictly prohibited.

7. Disclaimers
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE AND THE PIÑATA PRODUCTS. PIÑATA MAKES NO WARRANTIES, REPRESENTATIONS, STATEMENTS OR GUARANTEES (WHETHER EXPRESS, IMPLIED IN LAW OR RESIDUAL) REGARDING THE PROTECTED CONTENT, PIÑATA PRODUCTS OR THE SITE. THE (I) PIÑATA PRODUCTS, (II) THE SITE, (III) ALL CONTENT, PROTECTED CONTENT, MATERIALS AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE, (IV) “LINKED”/”HYPERLINKED” SITES OR (V) NON-PIÑATA SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.  SPECIFICALLY, BUT WITHOUT LIMITATION, PIÑATA DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE, “LINKED”/”HYPERLINKED” SITES OR NON-PIÑATA SITES IS CORRECT, COMPLETE, ACCURATE, RELIABLE OR TIMELY; (2) THE FUNCTIONS CONTAINED ON THIS SITE, “LINKED”/”HYPERLINKED” SITES OR NON-PIÑATA SITES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ADDITIONALLY, NO ADVICE OR INFORMATION FROM PIÑATA TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. YOU AGREE THAT YOUR USE OF THE SITE AND PIÑATA PRODUCTS SHALL BE AT YOUR OWN SOLE RISK, AND THAT PIÑATA HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU EXPRESSLY WAIVE ANY CLAIM THAT YOU MAY HAVE AGAINST PIÑATA OR ANY OF ITS AFFILIATES BASED ON ANY PRODUCT LIABILITY OR INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS (EACH A "CLAIM") WITH RESPECT TO ANY (I) PIÑATA PRODUCTS, (II) THE SITE, (III) ALL CONTENT, PROTECTED CONTENT, MATERIALS AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE, (IV) “LINKED”/”HYPERLINKED” SITES OR (V) NON-PIÑATA SITES AND ALSO WAIVES ANY RIGHT TO INDEMNIFICATION FROM AGAINST PIÑATA OR ANY OF ITS AFFILIATES AGAINST ANY SUCH CLAIM MADE AGAINST YOU BY A THIRD PARTY. YOU ACKNOWLEDGE THAT NO EMPLOYEE OR AGENT OF PIÑATA OR ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF PIÑATA OR ANY OF ITS AFFILIATES THAT IS NOT IN THE TERMS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

8. Limitation of Liability
IN NO EVENT SHALL PIÑATA OR ITS PARENT, SUBSIDIARIES, DIVISIONS, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AFFILIATES OR THIRD PARTIES (COLLECTIVELY, “PIÑATA AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SITE OR PIÑATA PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, PRODUCTS LIABILITY, OR DEATH), EVEN IF PIÑATA HAD BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE LIABILITY OF PIÑATA OR PIÑATA AFFILIATES TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE EXCEED THE LESSER OF: (1) THE TOTAL FEES, IF ANY, YOU PAID TO PIÑATA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (2) USD$100. YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL CONTENT, PROTECTED CONTENT, AND PIÑATA PRODUCTS AVAILABLE THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

9. Indemnification
You agree to indemnify, hold harmless, and defend Piñata and Piñata Affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party. Piñata reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Piñata’s defense of such claim.

10. International Use
Piñata controls and operates the Site from the United States. Piñata makes no representation that the Piñata Box, Piñata Products, information, or materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Risk of Loss
Any Piñata Products purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
12. Copyright Infringement; Notice and Take Down Procedures
Piñata specifically prohibits the posting of any content that violates or infringes the copyright and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your infringement claim in accordance with the following procedure. Piñata will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

Piñata Enterprises, LLC
112 W. 9th Street, #222
Los Angeles, CA 90015

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (1) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  
 
13. Governing Law
The Terms shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to the Terms. You agree that any claim or dispute that has arisen or may arise between you and Piñata must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and Piñata agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

14. No Waiver
No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term, and Piñata’s failure to assert any right under the Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement
The Terms, together with our Privacy Policy, all other operating rules, policies, procedures, and additional terms that Piñata may publish from time to time on the Site, constitutes the entire agreement between you and Piñata concerning your use of the Site and Piñata Services.  Piñata reserves all rights not granted under the Terms.

16. Severability
If any provision of the Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of the Terms shall remain in full force and effect.

17. No Agency
You and Piñata are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

18. Notice
Except as explicitly stated otherwise, any notice required or permitted by the Terms must be in writing. Any notice to Piñata must be given by postal mail to Piñata, Attention: Legal Department, Piñata Enterprises, LLC 112 W. 9th Street, #222 Los Angeles, CA 90015. Any notice to you may be given: (1) to the email address you provide to Piñata during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Piñata, in which case notice will be deemed sufficient three days after the mailing date. Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice which is hereby offered as a convenience to you: The name, address of the provider of this site is Piñata Enterprises, LLC, 112 W. 9th Street, #222 Los Angeles, CA 90015. Complaints regarding the service or requests to receive further information regarding use of this site may be sent to the above address or to info@pinatabox.com email. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210