PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE (THE "SITE"). ACCESSING OR USING THIS SITE, INCLUDING ANY MOBILE APPLICATIONS, INDICATES THAT YOU ACCEPT THESE TERMS OF AGREEMENT ("TERMS"). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
As used in these Terms, "Halloween City," "we," "us," or "our" refers to Halloween City and its subsidiaries, parent companies, and affiliates.
All content on the Site is owned or licensed property of Halloween City or its suppliers or licensors and is protected by copyright, trademark, patent, or other intellectual property rights. All intellectual property rights in the content on the Site are expressly reserved.
Halloween City grants you a limited license to make personal use of the Site for non-commercial use only. These Terms do not give you any right to reproduce, distribute, transmit, publish, or commercially exploit any information or content contained on the Site. This includes e-mailing, posting, storing in a database accessible to anyone but yourself, or otherwise making information and content available in any manner. As a condition of your use of the Site, you represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Any unauthorized use of the Site will terminate the permission or license granted by these Terms.
Digital Millennium Copyright Act:
Halloween City's policy is to respond to notices of alleged infringement that meet the requirements of the Digital Millennium Copyright Act ("DMCA"). We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the DMCA, Title 17, United States Code, Section 512(c)(2), where applicable. If you believe that your work has been copied in a manner that constitutes infringement, please provide the written information listed below to Halloween City's designated agent:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that you claim is infringing and where on the Site such material is located.
- Sufficient information for us to contact the complaining party, such as an address, telephone number, and/or email address.
- 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.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- The physical or electronic signature of the complaining party.
Notices should be sent to Halloween City's designated agent at 25 Green Pond Road, Rockaway NJ, 07866.
Upon receipt of a valid notification of alleged copyright infringement, Halloween City will remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
If a notice of copyright infringement has been filed against you, you may file a written counter notification with the designated agent at the address listed above. A counter notification must include the following:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the content; and
- Your name, address, telephone number, and e-mail address, and a statement that you consent to the jurisdiction of the federal District Court for Morris County, New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a valid counter notification, we shall provide the complaining party with a copy of the counter notification, inform the complaining party that we will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, provided that we have not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Site.
Individuals who submit a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. If you are unsure as to whether certain material infringes a copyright, you are encouraged to consult an attorney.
Data Integrity, Disclaimer, Limitation of Liability, and Indemnity:
Halloween City makes best efforts to ensure the integrity and timeliness of our data. While we make every effort to ensure that all information on the Site is correct, Halloween City does not and cannot warrant that the Site is or will be error-free. You expressly agree that your use of the Site is at your own risk, and that the Site and all information and content provided thereon is provided on an "as is" and "as available" basis. Halloween City makes no, and disclaims all, representations or warranties of any kind, express or implied, as to the operation and accuracy of the Site, including but not limited to the warranties of merchantability and fitness for a particular purpose. Halloween City will not be responsible for any errors or omissions on the Site or for any adverse consequences resulting from use or attempted use of the Site.
In no event shall Halloween City or its shareholders, officers, directors, managers, employees, agents, or representatives be liable to you or any third party for losses or damages of any kind arising out of the use of, reliance on, inability to use, or unavailability of the Site. This limitation of liability applies to all losses or damages of any kind, even if Halloween City has been advised of the possibility of such damages, and regardless of the form of action.
You agree to indemnify and hold Halloween City and their respective shareholders, officers, directors, managers, employees, agents, and representatives harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys' fees and costs, arising from any claim, cause of action, suit, or demand related to your access or use of the Site or your violation of these Terms or of any intellectual property rights of any person or entity.
If you submit any information to Halloween City, via the Internet or otherwise, Halloween City will not sell or pass on your name or personal information without your express permission.
Children Under 13:
The Site is not marketed to, and does not knowingly collect or maintain personal information from, children under the age of 13.
Operation, Conflict of Laws and Governing Law:
These Terms shall survive any discontinuation of the Halloween City website. In the event that any of these Terms conflicts with the law under which these Terms are to be construed or if any such provision is held invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of Halloween City, and the remainder of these Terms shall remain in full force and effect.
All matters with regard to these Terms will be governed by the laws of the State of New Jersey, without regard to conflict of law principles. You further agree that the exclusive forum and venue for any legal action arising out of or related to these Terms shall be the state or federal courts in and for the County of Morris in the State of New Jersey. By accessing the Site, you agree and submit to the personal jurisdiction of said courts. You agree that any and all disputes, claims, suits, and causes of action arising out of these Terms or use of the Site shall be resolved individually, without resorting to any form of class action, and that all judgments or awards will be limited to actual costs incurred, if any. In no event will punitive damages or attorneys' fees be awarded or recoverable.
If you have any questions or concerns regarding these Terms or your use of the Site, please contact us at 25 Green Pond Road, Rockaway NJ, 07866.
Notice to California Residents:
Under California law, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties for their direct marketing purposes during the preceding calendar year. If you would like a copy of this notice, please submit a written request to the following address: 25 Green Pond Road, Rockaway NJ, 07866. If you have any questions, concerns, or complaints about the Site, please write to us at 25 Green Pond Road, Rockaway NJ, 07866.