PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. These terms and conditions (“Terms of Use”) govern your access and use of the website operated by Halloween Alliance Inc. By accessing or using this website, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the website.
We reserve the right to change these Terms of Use at any time at our sole discretion. Changes to the Terms of Use will not be applied retroactively. When changes are made, we will post them on the website, and you will see the words “Last Updated” with the date of the last update at the top of this page. We encourage you to review these Terms of Use periodically for any changes. Your continued use of the website after such changes are posted constitutes your acceptance of the updated Terms of Use.
The website and all material on the website, including but not limited to audio, video, photographs, illustrations, displays, software, etc., and the design, selection, and arrangement thereof (the “Content”) are the sole and exclusive property of Halloween Alliance Inc, its licensors, and/or other content providers. The Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws.
You agree not to reproduce, duplicate, modify, copy, sell, resell, create derivative works of, or exploit for any commercial purpose any portion of the website or the Content except as expressly authorized in writing by Halloween Alliance Inc. You acknowledge that all rights, title, and interest in and to the website and the Content, including any intellectual property rights, are owned exclusively by Halloween Alliance Inc, its licensors, and/or other content providers. Unauthorized use of the website or Content may result in legal action.
The trademarks, tradenames, logos, and service marks (collectively, “Trademarks”) displayed on the website are either registered or unregistered trademarks of Halloween Alliance Inc or third parties. Nothing on the website should be construed as granting any license or right to use any Trademark without the prior written approval of Halloween Alliance Inc or the respective trademark owner. Unauthorized use of any Trademarks is prohibited and may violate federal, state, and/or international trademark laws.
Use of the website is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference.
As long as you agree to comply with these Terms of Use, Halloween Alliance Inc grants you permission to view and use the website and the Content for your personal, non-commercial use. You may not duplicate, publish, modify, reproduce, distribute, perform, or create derivative works from any part of the website, its design or layout, or the Content unless expressly authorized in writing by Halloween Alliance Inc.
You agree not to:
Additionally, you agree not to:
Halloween Alliance Inc reserves the right, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the website, including Content, features, or availability. We may also impose limits on certain features of the website or restrict your access to part or all of the website without notice or penalty.
Halloween Alliance Inc does not solicit, nor does it wish to receive, any confidential, secret, or proprietary information or other material from you through the website, mail, email, or otherwise. Any information, creative works, ideas, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to Halloween Alliance Inc without any agreement to the contrary (“Submissions”) will be deemed not to be confidential or secret.
By submitting Submissions to Halloween Alliance Inc, you represent and warrant that:
IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT MAKE ANY SUBMISSIONS THROUGH THE WEBSITE, MAIL, OR EMAIL.
You agree to indemnify, defend, and hold harmless Halloween Alliance Inc, its subsidiaries, affiliates, and their respective officers, agents, partners, and employees from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to your use of the website or breach of these Terms of Use. Halloween Alliance Inc reserves the right to assume exclusive defense and control of any matter subject to indemnification by you.
The website may contain links to third-party websites. Halloween Alliance Inc provides these links for your convenience, and use of these sites is at your own risk. These linked sites are not under the control of Halloween Alliance Inc, and we are not responsible for the content, privacy policies, or practices of any linked websites. Links do not imply endorsement by Halloween Alliance Inc of the information or materials on any linked site. Halloween Alliance Inc disclaims all liability regarding your access to and use of such linked websites.
The website may offer features that require registration. If you choose to register, you must select a username and password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You agree to:
Your use of the website is contingent upon complying with these terms, and Halloween Alliance Inc cannot be liable for any loss or damage arising from your failure to comply.
We may offer certain services or products for sale on the website. If you choose to purchase any of our services or products, you may be required to provide certain information, including credit card details and billing address. You agree that all information you provide is accurate, current, and complete.
By making a purchase, you represent and warrant that:
You acknowledge and agree that Halloween Alliance Inc is authorized to act on payment instructions received from anyone using your account and password. You are responsible for paying any applicable taxes related to your purchases. Debit and credit card transactions may be processed by a third-party processor, and you agree that Halloween Alliance Inc may share your payment information with such processors for the purpose of facilitating your transactions.
We strive to comply with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect any personal information from individuals under the age of 16. If you are under 16 years of age, please do not provide any personally identifiable information to us.
Halloween Alliance Inc provides the website, all services, and Content on the website on an “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis without any representations or warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Halloween Alliance Inc does not guarantee the quality, accuracy, completeness, reliability, or security of the website, its Content, or any services or Content available through the website. Your use of the website and its Content is at your own risk.
Halloween Alliance Inc does not warrant that the website will be secure, uninterrupted, or error-free, or that defects will be corrected. You are responsible for taking all necessary precautions to ensure that any Content you obtain from the website is free of viruses or other harmful code. Your sole remedy for dissatisfaction with the website is to stop using it.
To the fullest extent permitted by law, Halloween Alliance Inc disclaims all liability for any damages, whether direct, indirect, incidental, consequential, special, exemplary, punitive, or otherwise, arising out of or in connection with your access to or use of the website, its Content, or any services or goods made available through the website, even if Halloween Alliance Inc has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
In no event shall Halloween Alliance Inc’s aggregate liability exceed the amount, if any, paid by you to Halloween Alliance Inc in the six (6) months preceding the event giving rise to the claim.
The website is operated by Halloween Alliance Inc from its offices in the United States. We do not represent that materials on the website are appropriate or available for use in other locations. Those who choose to access the website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. Any offer for any product or service made on the website is void where prohibited.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted material. If you believe in good faith that materials or Content available on the website infringe your copyright, you may send a notice to:
Halloween Alliance Inc
attn: DMCA
1903 E. Petunia Street
Glendora, CA 91740
Email: melanie@halloweenalliance.com
We recommend consulting with a legal advisor before filing a notice, as your notice of claim must comply with detailed requirements set forth in the DMCA.
You hereby consent to arbitration for any disputes arising out of or related to these Terms of Use or your use of the website, except for the enforcement of Halloween Alliance Inc’s or its affiliates’ intellectual property rights. These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law principles.
Any dispute must be resolved exclusively through binding non-appearance-based arbitration administered by JAMS, an alternative dispute resolution provider. To initiate arbitration, you or Halloween Alliance Inc must send a written notice of dispute to the other party, including the name, address, and contact information, the facts of the dispute, and the relief requested. You may initiate a dispute by sending a notice to the address listed in the Notices section below. Halloween Alliance Inc will send a notice to you at the contact information we have on file.
You and Halloween Alliance Inc agree to attempt to resolve any dispute through informal negotiation for a period of sixty (60) days after the notice of dispute. If unable to resolve the dispute within sixty (60) days, either party may commence arbitration. The arbitration will be conducted by a single neutral arbitrator, whose decision will be final, subject to a limited right of appeal under the U.S. Federal Arbitration Act.
YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY.
The arbitration proceedings shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures and Expedited Procedures or JAMS Streamlined Arbitration Rules and Procedures, at the election of the party initiating the arbitration. Information regarding these rules can be found on the JAMS website. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any challenges to its validity. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.
Additionally, you and Halloween Alliance Inc agree that:
The United Nations Convention on Contracts for the International Sales of Goods shall not apply.
To the fullest extent permitted by law, YOU AGREE THAT NO ARBITRATION OR CLAIM ARISING OUT OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION SHALL BE PERMITTED. In no event shall any claim, action, or proceeding related to the website be instituted more than one (1) year after the cause of action arose.
If the arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California, for litigating any applicable claim.
All notices required under these Terms of Use must be in writing and shall be given by personal delivery, registered or certified mail, or by a nationally recognized courier service that tracks packages, to:
Halloween Alliance Inc
attn: General Counsel
1903 E. Petunia Street
Glendora, CA 91740
Notices delivered personally are deemed received on the date of delivery; by registered or certified mail, on the third business day after mailing; and by courier service, on the second business day after deposit with the service.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and do not define, limit, or describe the scope of such section.
Halloween Alliance Inc’s failure to enforce any provision of these Terms of Use does not waive its right to enforce that provision or any other provision in the future.
These Terms of Use constitute the entire agreement between you and Halloween Alliance Inc regarding your use of the website. You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of Halloween Alliance Inc. Any assignment or transfer without such consent is void.
Please direct any questions you may have about the website or these Terms of Use to:
Halloween Alliance Inc
attn: General Counsel
1903 E. Petunia Street
Glendora, CA 91740
Halloween Alliance Inc’s Data Protection Officer may be contacted at melanie@halloweenalliance.com.
Contact Information:
Melanie Henson
Halloween Alliance Inc
Email: melanie@halloweenalliance.com
Website: halloweenalliance.com
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