|
|
|
|
Home » Customer Service » Terms & Conditions
|
|
|
|
|
|
|
|
This website http://www.OnlineHalloweenStore.com
(the “Site”) is being made available to you free-of-charge. The terms "you",
"your", and "yours" refer to anyone accessing, viewing, browsing,
visiting or using the Site. The terms "OnlineHalloweenStore.com", "we",
"us", and "our" refer to OnlineHalloweenStore.com, Inc., its
affiliates and subsidiaries. We reserve the right to change the nature of this relationship
at any time and to revise these Terms and Conditions from time to time as we see
fit. As such, you should check these Terms and Conditions periodically. Changes
will not apply to any orders we have already accepted unless the law requires.
If you violate any of the terms of these Terms and Conditions you will have your
access canceled and you may be permanently banned from accessing, viewing, browsing
and using the Site. Your accessing, viewing, browsing and/or using the Site after
we post changes to these Terms and Conditions constitutes your acceptance and agreement
to those changes, whether or not you actually reviewed them. At the bottom of this
page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute your acceptance of these Terms and Conditions.
If you do not agree to abide by these terms, please do not enter the Site.
|
|
|
|
|
ABOUT US
|
This Site is operated by OnlineHalloweeStore.com. We are a company incorporated
in Pennsylvania.
|
|
|
|
|
|
DISCRIMINATION
|
We do not discriminate on the basis of age, race, national origin, gender, sexual
orientation or religion.
|
|
|
|
|
|
|
PRIVACY
|
Please review our Privacy and Security Policy,
which also governs your visit to the Site. To the extent there is a conflict between
the terms of the Privacy and Security Policy and the Terms and Conditions, the Terms
and Conditions shall govern.
|
|
|
|
|
|
|
COPYRIGHT
|
|
You acknowledge that the Site contains information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and other material (collectively
"Content") that are protected by copyrights, trademarks, trade secrets,
rights in databases and/or other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted as a collective work under the U.S. copyright laws, and
we own a copyright and/or database right in the selection, coordination, arrangement,
presentment and enhancement of such Content. You may not modify, remove, delete,
augment, add to, publish, transmit, participate in the transfer or sale of, create
derivative works from or adaptations of, or in any way exploit any of the Content,
in whole or in part.
If no specific restrictions are displayed, you may make copies of select portions
of the Content, provided that the copies are made only for your personal use and
that you maintain any notices contained in the Content, such as all copyright notices,
trademark legends, or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege under the U.S. copyright
laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair
dealing” under European copyright law, or your legal rights under any other similar
copyright law, you may not upload, post, reproduce, or distribute in any way Content
protected by copyright, or other proprietary right, without obtaining permission
of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use the Site or any information displayed
on the Site, through the use of framing, deep linking or otherwise, except: (a)
as expressly permitted by these Terms and Conditions; or (b) with our prior written
permission or the prior written permission from such third party that may own the
trademark or copyright of information displayed on the Site.
|
|
|
|
|
|
|
INTELLECTUAL PROPERTY INFRINGEMENT
|
|
We rely on a network of independent affiliates, subsidiaries, agents, third-party
product providers, third-party Content providers, vendors, suppliers, designers,
contractors, distributors, merchants, sponsors, licensors and the like (collectively,
"Associates") who supply some of the goods advertised on the Site and,
in some cases, drop ship them directly to our customers. In accordance with the
Digital Millennium Copyright Act, we are not liable for any infringement of copyrights,
trademarks, trade dress or other proprietary or intellectual property rights arising
out of Content posted on or transmitted through the Site, or items advertised on
the Site, by our Associates. If you believe that your rights under intellectual
property laws are being violated by any Content posted on or transmitted through
the Site, or items advertised on the Site, please contact us promptly so that we
may investigate the situation and, if appropriate, block or remove the offending
Content and/or advertisements. It is our policy to disable access to infringing
materials, and to terminate access of repeat infringers to the Site. In order for
us to investigate your claim of infringement, you must provide us with the following
information:
|
1.
|
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
|
|
2.
|
A description of the copyrighted work or other intellectual property that you believe
has been infringed;
|
|
3.
|
A description of where the material that you claim is infringing is located or identified
on the Site; Your name, address, telephone number, and e-mail address;
|
|
4.
|
A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the law;
and
|
|
5.
|
A statement by you, made under penalty of perjury, that the information submitted
to us is accurate and that you are the owner of the copyright or intellectual property
or authorized to act on behalf of the owner of the copyright or intellectual property.
|
The above information should be provided to our agent for notice of claims of copyright
or other intellectual property infringement, who can be reached as follows:
By mail:
Online Halloween Store
Customer Service,
616 Macassar Drive,
Pittsburgh, PA
15236
By e-mail:
|
|
|
|
|
|
|
TRADEMARKS
|
|
ONLINEHALLOWEENSTORE .COM and other marks which may or may not be designated on
the Site by a “™” “®” “SM” or other similar designation, are registered, pending
or unregistered trademarks or service marks of OnlineHalloweenStore.com, in the
United States and other countries. Our graphics, logos, page headers, button icons,
scripts, and service names are trademarks or trade dress of OnlineHalloweenStore.com.
OnlineHalloweenStore.com's trademarks and trade dress may not be used in connection
with any product or service that is not OnlineHalloweenStore.com's, in any manner
that is likely to cause confusion among customers, or in any manner that disparages
or discredits OnlineHalloweenStore.com. All other trademarks not owned by us that
appear on the Site are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by OnlineHalloweenStore.com.
|
|
|
|
|
|
|
SITE ACCESS
|
|
You may not download (other than page caching) or modify the Site or any portion
of it without our express, prior written consent. This includes: a prohibition on
any resale or commercial use of the Site or its Content; any collection and use
of any product listings, descriptions, or prices; any derivative use or making adaptations
of the Site or its Content; any downloading or copying of account information for
the benefit of another merchant; and any use of data mining, screen-scraping, robots,
or similar data gathering and extraction tools. The Site or any portion of the Site
may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without our express, prior written consent. 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 OnlineHalloweenStore.com
or its Associates without our express, prior written consent. You may not use any
meta tags or any other "hidden text" utilizing our name or trademarks
without our express, prior written consent.
|
|
|
|
|
|
|
YOUR ACCOUNT
|
|
If you use the Site, you are responsible for maintaining the confidentiality of
the information you submit through “My Account” and the corresponding password and
for restricting access to your computer. You agree to accept responsibility for
all activities that occur under “My Account” or password. We reserve the right to
refuse service, terminate accounts and to remove or edit content submitted by you
in the “My Account” area of the Site.
|
|
|
|
|
|
|
LINKS
|
|
We are not responsible for the content of any sites that may be linked to or from
the Site or any bulletin board associated with us or the Site. These links are provided
for your convenience only and you access them at your own risk. Unless otherwise
noted, any other website accessed from the Site are independent from us, and we
have no control over the content of that other website. In addition, a link to any
other web site does not imply that we endorse or accept any responsibility for the
content or use of such other website.
In no event shall any reference to any third party or third party product or service
be construed as our approval or endorsement of that third party or of any product
or service provided by a third party.
|
|
|
|
|
|
|
DISCLAIMERS AND LIMITATIONS OF LIABILITY
|
|
The Site is provided on an "AS IS," "as available" basis. Neither
OnlineHalloweenStore.com, nor its Associates warrant that use of the Site will be
uninterrupted or error-free. Neither OnlineHalloweenStore.com, nor its Associates
warrant the accuracy, integrity, or completeness of the Content provided on the
Site or the products or services offered for sale on the Site. Further, OnlineHalloweenStore.com
makes no representation that Content provided on the Site is applicable or appropriate
for use in locations outside of the United States. OnlineHalloweenStore.com specifically
disclaims warranties of any kind, whether expressed or implied, including but not
limited to warranties of title, implied warranties of merchantability or warranties
of fitness for a particular purpose. No oral advice or written information given
by OnlineHalloweenStore.com or its Associates shall create a warranty. You expressly
agree that your access to, viewing of, browsing, visiting or use of the Site is
at your sole risk.
Under no circumstances shall OnlineHalloweenStore.com or its Associates be liable
for any direct, indirect, incidental, special, or consequential damages that result
from the use of or inability to use the Site, including but not limited to reliance
by a user on any information obtained at the Site, or that result from mistakes,
omissions, interruptions, deletion of files or e-mail, errors, defects, viruses,
delays in operation or transmission, or any failure of performance, whether or not
resulting from acts of God, communications failure, theft, destruction or unauthorized
access to OnlineHalloweenStore.com records, programs or services. The foregoing
limitation of liability shall apply whether in an action at law, including but not
limited to contract, negligence, or other tortious action; or an action in equity,
even if an authorized representative of OnlineHalloweenStore.com has been advised
of or should have knowledge of the possibility of such damages. You hereby acknowledge
that this paragraph shall apply to all Content, merchandise and services available
through the Site. Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states liability is limited
to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party
service descriptions posted on the Site, please refer to the manufacturer or Associates
for details.
The products on our Site are intended for personal, not commercial or business use,
unless otherwise indicated. As such, you assume the risk when purchasing products
for a commercial or business use or application.
|
|
|
|
|
|
|
ONLINE CONDUCT
|
|
You agree to use the Site only for lawful purposes. You are prohibited from posting
on or transmitting through the Site any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial,
ethnic, or otherwise objectionable material of any kind, including but not limited
to any material that is or that encourages fraudulent activity or encourages conduct
that would constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, federal, or international law. If we are notified
of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive
Content provided by you (e.g., through an author chat or online review), we may
(but without any obligation) investigate the allegation and determine in our sole
discretion whether to remove or request the removal of such Content from the Site.
We may disclose any Content or electronic communication of any kind (i) to satisfy
any law, regulation, or government request; (ii) if such disclosure is necessary
or appropriate to operate the Site; or (iii) to protect the rights or property of
OnlineHalloweenStore.com, its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem
in our sole discretion to be unlawful or harmful to you, the Site, Site users, our
customers or any rights of OnlineHalloweenStore.com or any third party. Notwithstanding
the foregoing, neither OnlineHalloweenStore.com nor its Associates can ensure prompt
removal of questionable Content after online posting. Accordingly, neither OnlineHalloweenStore.com,
nor its Associates assume any liability for any action or inaction with respect
to conduct, communication, or Content on the Site.
|
|
|
|
|
|
|
TERMINATION OF USAGE
|
|
We may terminate your access or suspend your right to access to all or part of the
Site, without notice, for any conduct that we, in our sole discretion, believe is
in violation of any applicable law, is in breach of these Terms and Conditions or
is harmful to the interests of other users, Associates, or us. In addition, we reserve
the right to refuse an order from any customer in our sole discretion.
|
|
|
|
|
|
|
USAGE BY MINORS
|
|
This Site is NOT intended for or directed to persons who
are minors (typically persons under the age of 18, depending on where you live).
Because we cannot prohibit minors from accessing, viewing, browsing, visiting or
using the Site, we must rely on parents, guardians and those responsible for supervising
minors to decide which materials are appropriate for minors to view and/or purchase.
By registering with this Site, purchasing products from us or providing us with
any information, you represent to us that you are legally permitted to enter into
a binding contract (18 years of age or older in most jurisdictions) or, if you are
under the legal age of consent, you have the express permission from your parent
or guardian and that any information you provide to us is not inaccurate, deceptive
or misleading.
We require that all purchases be made either (i) by individuals who are NOT
minors and who can legally enter into binding contracts (typically persons 18 years
of age or older, depending on where you live), or (ii) by minors with the permission
of a parent or guardian to purchase items on the Site.
|
|
|
|
|
|
|
APPLICABLE LAW
|
|
If you access the Site from anywhere in the United States or Canada , you agree
that the laws of the State of Pennsylvania, USA, without regard to principles of
conflict of laws, will govern these Terms and Conditions and any dispute of any
sort that might arise between you and OnlineHalloweenStore.com and/or its Associates.
|
|
|
|
|
|
|
DISPUTES
|
|
You agree to indemnify, defend and hold OnlineHalloweenStore.com, subsidiaries and
affiliates, and their respective officers, directors, owners, agents, information
providers and licensors (collectively, the "Indemnified Parties") harmless
from and against any and all claims, liability, losses, costs and expenses (including
attorneys' fees) incurred by any Indemnified Party in connection with any breach
by you of these Terms and Conditions. OnlineHalloweenStore.com reserves the right,
at its own expense, 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
OnlineHalloweenStore.com defense of such claim.
|
|
|
|
|
|
|
SITE POLICIES, MODIFICATION AND SEVERABILITY
|
|
Please review our other policies, such as our Privacy and Security Policy, Returns
Policy, Shipping & Delivery Policy and others, all of which are incorporated
herein by this reference and are posted on the Site and may be accessed by using
the Search Help function on this page. These policies also govern your visit to
the Site. We reserve the right to make changes to the Site, policies, and these
Terms and Conditions 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.
|
|
|
|
|
|
|
HOW TO ORDER THROUGH THE SITE
|
|
After placing an order, you will receive an email from us acknowledging that we
have received your order (“Order Confirmation”). Please note that this does not
mean that your order has been accepted. Your order constitutes an offer to us to
buy a product. All orders are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an email confirming the shipment of your order
(the “Shipping Confirmation”). A contract with us will only be formed when we send
you the Shipping Confirmation. The contract will relate only to those products whose
shipment we have confirmed in the Shipping Confirmation. We will not be obliged
to supply any other products which may have been part of your order in a separate
Order Confirmation. We reserve the right to cancel your order at any time before
we have accepted it and we may rescind our acceptance and cancel your order where
there has been an obvious error in price or where the product is no longer in our
or our third party fulfillment provider’s inventory.
|
|
|
|
|
|
|
PRICES AND AVAILABILITY OF PRODUCTS
|
|
Prices and availability of products on the Site are subject to change without notice.
Errors will be corrected when discovered. Our Site contains a large number of products
and it is always possible that, despite our best efforts, some of the products listed
on our Site may be incorrectly priced. We will normally verify prices as part of
our dispatch procedures so that, where a product's correct price is less than our
stated price, we will charge the lower amount when dispatching the Product to you.
If a product’s correct price is higher than the price stated on our Site, we will
normally, at our discretion, either contact you for instructions before dispatching
the product, or reject your order and notify you of such rejection. We are under
no obligation to provide the product to you at the incorrect (lower) price, even
after we have sent you an Order Confirmation or a Shipping
Confirmation, if the pricing error is obvious and unmistakable and
could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit
your order for processing, but your order is subsequently cancelled due to unavailability
of product. You acknowledge that products may sell quickly and there may be a short
period of time after an order has been submitted, but where the product is no longer
available. You agree that we may cancel your order after you have received an
Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation
from us, but the product is no longer available in our or our third party fulfillment
provider’s inventory. You agree that we may rescind our acceptance and cancel your
order without penalty if we are unable to ship the product you ordered due to unavailability.
|
|
|
|
|
|
|
SHIPPING
|
|
The term shipping or ship includes the commencement of shipping items in an order
for multiple purchases or where the item purchased consists of components that must
be shipped separately. For example, your order may consist of (1) several different
items, (2) a quantity of the same item, or, (3) a single item with several component
parts the size of which might require them to be shipped in separate packages. In
all such orders, we endeavor to ship out individual packages together so that they
arrive at the same time; however, when that is not possible, we commence shipping
by shipping individual packages in the order the soonest they are available and
conditions permit. In these instances, our notification to you that your order has
³shipped,² marks the time when shipping has commenced; it does not mean that all
items in the order have shipped at that time. All packages sent have a separate
tracking number and may be followed on the Order Status page. You agree that credit
cards and debit cards are to be charged on the date of inventory reservation for
the order, not the date of shipping.
|
|
|
|
|
|
| RISK OF LOSS |
All items purchased from OnlineHalloweenStore.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
These Terms and Conditions were last revised and made effective as of August 15, 2009
|
|
|
|
| Trademarks and Copyrights |
All of the following character costumes are trademarks and copyrighted images owned and/or controlled by the licensors set forth below:
101 Dalmatians |
© Disney |
Aladdin |
© Disney |
American Idol |
American Idol TM is a registered trademark of 19TV Ltd. And FremantleMedia North America, Inc. www.fremantlemedia.com |
Atomic Betty |
© 2006 Atomic Cartoons Inc., Breakthrough Animation, Teleimages Kids. All rights reserved. |
Austin Powers |
Austin Powers and all related characters, names and indicia are trademarks and © of New Line Productions, Inc. 2005. All Rights Reserved. |
Baby Einstein |
© 2006 The Baby Einstein Company, LLC.. All rights reserved. |
Barney |
© 2006 Lyons Partnership, L.P. All rights reserved. |
Beauty and the Beast |
© Disney |
Bewitched |
© 2006 Columbia Pictures Industries, Inc. All Rights Reserved. |
Blue's Clues |
© 2006 Viacom International Inc. All Rights Reserved. Nickelodeon, Nick Jr., Blues Clues and all related titles, logos and characters are trademarks of Viacom International Inc. |
Blue's Room |
© 2006 Viacom International Inc. All Rights Reserved. Nickelodeon, Nick Jr., Blues Room and all related titles, logos and characters are trademarks of Viacom International Inc. |
Bob The Builder |
© HIT Entertainment PLC and Keith Chapman 2005 |
Captain America |
© 2006 Marvel Characters, Inc. All Rights Reserved. |
Care Bears |
CARE BEARS ™ © 2006 Those Characters From Cleveland, Inc. |
Cinderella |
© Disney |
Daredevil |
™ & © 2006 Marvel Characters, Inc. All Rights Reserved. |
DEVO |
© 2006 DEVO |
Dora The Explorer |
© 2006 Viacom International Inc. All Rights Reserved. Nickelodeon, Nick Jr., Dora the Explorer and all related titles, logos and characters are trademarks of Viacom International Inc. |
Duel Masters |
TM & © Wizards/Shogakukan/Mitsui-Kids |
Elektra |
™ & © 2006 Marvel Characters, Inc. All Rights Reserved. |
Fantastic Four |
© 2006 Marvel Characters, Inc. All Rights Reserved. |
Fantastic Four Movie |
™ & © 2006 Marvel Characters, Inc.© 2006 20th Century Fox Film Corp. All Rights Reserved. |
Garfield |
© Paws |
Ghost Rider |
© 2006 Marvel Characters, Inc. All Rights Reserved. |
Hulk, The Incredible |
The INCREDIBLE HULK and All Related Comic Book Characters: ™ & © 2003 Marvel Characters, Inc. All Rights Reserved. |
Incredibles, The |
© Disney /Pixar |
Iron Man |
© 2006 Marvel Characters, Inc. All Rights Reserved. |
Koala Brothers |
© Spellbound Entertainment Limited & Famous Flying Films Limited 2005 |
Legend of Zorro |
© 2006 Zorro Productions, Inc. © 2006 Columbia Pictures Industries, Inc. All Rights Reserved. |
Lazy Town |
Lazy Town © & TM LazyTown Entertainment. All related titles, logos and characters are trademarks of LazyTown Entertainment. © 2006 Lazy Town Entertainment. All Rights Reserved. |
Little Mermaid, The |
© Disney |
Megaman NT |
© 2006 Capcom Co. Ltd. All Rights Reserved. |
Megaman Zero |
© 2006 Capcom Co. Ltd. All Rights Reserved. |
Mickey Mouse |
© Disney |
Monsters Inc. |
© Disney/Pixar |
Mortal Kombat: Deception |
© 2006 Midway Amusement Games, L.L.C. All Rights Reserved. Used Under License. These costumes are based on a mature rated product. |
Nightmare Before Christmas |
© Disney |
Peter Pan |
© Disney |
Pirates of the Carribean |
© Disney |
Power Rangers Space Patrol Delta |
™ & © BVS Entertainment, Inc and BVS International N.V. ABC logo: tm & © ABC, Inc. Jetix logo:TM & © Disney. All Rights Reserved. |
Punisher, The |
© 2006 Marvel Characters, Inc. All Rights Reserved. |
Sesame Beginnings |
2005 Sesame Workshop. "Sesame Beginnings" and its logo are trademarks of Sesame Workshop. All rights reserved. |
Sesame Street |
© 2006 Sesame Workshop. "Sesame Street" and its logo are trademarks of Sesame Workshop. All rights reserved. |
The Simpsons |
™ & © 2006 Twentieth Century Fox Film Corporation. All Rights Reserved. |
Sleeping Beauty |
© Disney |
Snow White |
© Disney |
Son of the Mask |
SON OF THE MASK and all related names, characters and indicia are trademarks of the New Line Productions, Inc. 2005 All Rights Reserved. |
SpongeBob SquarePants |
© 2006 Viacom International Inc. All Rights Reserved. Nickelodeon, SpongeBob SquarePants and all related titles logos and characters are trademarks of Viacom International, Inc. |
Spider-Man |
Marvel, Spider-Man and all distinctive likenesses thereof are trademarks of Marvel Characters, Inc. and are used with permission. © 2006 Marvel Characters, Inc. All rights reserved. |
Teenage Mutant Ninja Turtles |
© 2006 Mirage Studios, Inc. Teenage Mutant Ninja Turtles™ is a trademark of Mirage Studios, Inc. All rights reserved. |
Thor |
© 2006 Marvel Characters, Inc. All Rights Reserved. |
Thomas and Friends |
Britt Allcroft's Thomas the Tank Engine & Friends Based on The Railway Series by The Rev W Awdry. © Britt Allcroft (Thomas) Limited 2005. All underlying rights worldwide Britt Allcroft (Thomas) LLC. THOMAS THE TANK ENGINE & FRIENDS is a trademark of Britt Allcroft Inc in the USA, Mexico and Canada and of Britt Allcroft (Thomas) Limited in the rest of the world. THE BRITT ALLCROFT COMPANY is a trademark of the Britt Allcroft Company plc. |
Totally Spies |
© MARATHON-MYSTERY ANIMATION INC. All Rights Reserved. |
Toy Story 2 |
© Disney/Pixar |
The Wiggles |
© 2006 The Wiggles Touring Pty Limited. Distributed by: HIT Entertainment. |
Winnie The Pooh |
© Disney. Based on the "Winnie the Pooh" works © A.A. Milne and E.H. Shepard. |
Winx Club |
Winxclub TM © 2006 Rainbow S.r.l. All Rights Reserved. |
X-Men |
© 2006 Marvel Characters, Inc. All Rights Reserved. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|