Effective Date: January 2014
Your use of the Sites constitutes your agreement to follow and be bound by the then-current Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, you should not use the Sites.
You may be required to register in order to access certain features of the Sites. You will choose a user name and a password through Sites’ registration processes. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. HHG cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.
We own all of the Sites. We own or have rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Sites (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Sites (the “Code”). The Content and Code of the Sites are protected by copyright and are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only and if any content has a “Pin It” button next to it, you may “pin” the content on your personal Pinterest page. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. Except as expressly provided in this agreement, you may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites. You may not use the Content or Code from the Sites for any purpose other than those set forth above. All names, logos and trademarks that appear on the Sites are our property or are used by us under license. You may not use any of the foregoing for any purpose without our prior express written permission. Your failure to comply with this Agreement will constitute breach of contract and will violate our copyright, trademark and other proprietary and intellectual property rights.
The following activities are expressly prohibited from the Sites:
a. Creating a username in violation of anyone's trade secret, copyright, or other intellectual property right.
b. Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
c. Engaging in activity that compromises the Sites. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
d. Engaging in any activity designed to impede the use of the Sites by other users, including overloading and flooding.
e. Framing or deep linking into the Sites.
f. Accessing the Sites by means of automated process, spiders, bots or similar device.
No Unlawful or Prohibited Use
As a condition of your use of the Sites, you warrant to HHG that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
User Suspension and/or Termination
HHG may cancel or terminate the user’s right to access or use any part of the Sites at any time without notice. The user agrees that a breach of any of the terms in this Agreement may result in the immediate termination of the user’s account and/or give rise to civil action against the user. The disclaimers herein and all restrictions on the user regarding information downloaded or obtained from the Sites shall survive any cancellation or termination of the user’s right to use the Sites.
Use Of Information Submitted By You
Comments, Feedback or Other Submissions
We are pleased to hear from users and welcome your comments regarding our products and services. If you provide us with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like (“Submissions”), such Submissions shall not be deemed confidential. All Submissions shall be deemed our property, and your submission of information shall constitute an assignment to us of all worldwide rights, titles and interests in the Submissions. We will not be liable for any use or disclosure of Submissions. We will not have any obligation to keep Submissions confidential and will be free to reproduce, use, disclose and distribute Submissions to others without limitation. We are and shall be under no obligation to pay compensation for any such information or to respond to any Submissions. We will be free to use any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information.
While we welcome your comments and suggestions on our products and services, we do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our products or any new products. You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.
Although we have made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and we cannot guarantee that your monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued. The prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchase requests to addresses outside the United States cannot be filled. Products described in our Sites may not be available in your region within the United States. We do not claim that the information in the Sites is appropriate to your jurisdiction or that the products described in its Sites will be available for purchase in all jurisdictions.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
Links to Other Websites and Services
The Sites may contain links to other websites that are not under our control. We have no responsibility for the linked website nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Sites’ users.
WE OPERATE THE SITES FROM THE UNITED STATES. IT IS POSSIBLE THAT SOME SOFTWARE THAT MAY BE DOWNLOADED FROM THE SITES IS SUBJECT TO GOVERNMENT EXPORT CONTROL OR OTHER RESTRICTIONS. BY VISITING AND USING OUR SITES, YOU ACKNOWLEDGE THESE RESTRICTIONS AND AGREE THAT YOU ARE NOT SUBJECT TO THEM.
VISITORS ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO THEIR USE OF THE SITES. THE MATERIALS ON THE SITES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITES, INCLUDING BUT NOT LIMITED TO ALL EXPRESS AND IMPLIED WARRANTIES, SUCH AS WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES ARE FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITES. WE DO NOT HAVE ANY DUTY TO UPDATE OUR SITES OR TO MODIFY THEIR CONTENT OR CODE, AND WE SHALL NOT BE LIABLE FOR FAILURE TO UPDATE SUCH INFORMATION. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED IN THE SITES BEFORE RELYING UPON IT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100).
You agree to indemnify HHG and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Sites. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Sites or breach of this Agreement.
We reserve the right to withdraw access to the Sites or to revise the services and products described in the Sites at any time without notice.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in St. Louis, MO in all disputes arising out of or relating to the use of the Sites.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HHG as a result of this Agreement or use of the Sites.
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 you and HHG with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HHG with respect to the Sites.
HHG respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HHG’s copyright agent with the following information.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. Description of the copyrighted work that you claim has been infringed;
c. The location of the material that you claim is infringing is located on the Sites;
d. Your address, telephone number and e-mail address;
e. A statement that your claim of infringement is based on a good faith belief; and
f. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.