Welcome to our website and services at shrinkydinks.520hyy.com/ and related domains!
These Terms and Conditions (“Terms”) are a contract between you and Shrinky Dinks® Paper Kids Craft Activity (“Company,” “we,” “our,” or “us”) regarding use of our website, products, services, mobile apps, tools, widgets and content (collectively, the “Service”).
Please read these Terms carefully before using our Service. By accessing or using any part of our Service, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not use the Service.
1. Who Can Use Our Service
You must be at least 13 years old to use our Service or access any Content. If you are under 18, you may only use our Service with involvement and consent of a parent or legal guardian.
No one under 13 is allowed to use our Service. We do not knowingly collect any personal data from children under 13. If we learn that we have collected personal data from a child under 13, we will delete that data as soon as possible. If you believe we may have collected data from a child under 13, please contact us.
You also certify that you are legally permitted to use our Service in your jurisdiction. You will not access or use our Service if doing so is prohibited in your country or under any applicable laws.
2. Your Account and Registration
You must register an account to access certain features and parts of our Service.
When you create an account, you must provide your real name, accurate account information, and your email address. You are responsible for keeping your account secure and your login details confidential. You should not reuse your account password on other services or share it with anyone.
You agree to notify us immediately if you suspect any unauthorized use of your account. We are not responsible for losses due to unauthorized account use.
3. Your Content
The Service allows you to submit, post, display, provide or otherwise make available content such as images, videos, posts, comments, data, information, feedback, suggestions, ideas, etc. (“Your Content”).
Your Content remains your property. However, by providing Your Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to access, use, publish, store, reproduce, distribute, modify, create derivative works, perform, and display Your Content in connection with operating and providing our Service.
You agree that you are solely responsible for all Your Content. This includes compliance with intellectual property laws like copyright and trademark. You assume all risks regarding the legality, reliability, accuracy, and appropriateness of Your Content.
We may remove Your Content at any time and for any reason, like if we think it violates these Terms, our policies, or the law. We can also block user accounts as reasonably necessary to prevent harm to others.
Your Content must not violate others intellectual property, privacy, publicity or other legal rights. It should not be illegal, obscene, dangerous, threatening, harassing, defamatory, hateful, racist, sexist, ethically or otherwise objectionable to us in our sole discretion.
We may review Your Content, but do not generally pre-screen or control user content. That means we are not responsible for any Your Content. We cannot guarantee the accuracy, integrity or quality of Your Content. You understand that by accessing our Service, you may encounter content that you find offensive, indecent or objectionable. We have no responsibility to monitor Your Content.
4. Acceptable Use Policy
You agree not to misuse our Service or help anyone else do so. For example, you must not do, attempt to do, or help anyone else do the following:
- violate any part of these Terms;
- violate any applicable local, state, national, or international laws or regulations;
- modify, adapt, reverse engineer, decompile, or disassemble our Service or source code;
- impose an unreasonable load on our infrastructure through automated queries, excessive file uploads, denial of service attacks, or any other abusive behavior;
- engage in scraping, data harvesting, web crawling, spidering, indexing, probing, or any other unauthorized access to our Service or infrastructure;
- interfere with the proper operation of our Service through the use of malware, viruses, hacks, bots, or other harmful code;
- gain or attempt to gain unauthorized access to our Service, accounts, computer systems, or networks;
- obtain or attempt to obtain any data, content, or information that is not intentionally available;
- disguise the origin of any content transmitted through our Service;
- take any action that damages or negatively affects our Service, infrastructure, or tools; or
- threaten, harass, abuse, harm, defame, slander, disparage, intimidate, impersonate, or unlawfully use the name or likeness of another individual or entity.
5. Third-Party Services
The Service may allow you to access, purchase, subscribe, integrate, use or otherwise interact with third party apps, websites, products, services, content and resources (“Third-Party Services”). When you do so, you may be using those Third-Party Services directly with the applicable third party, not with us.
Your use of Third-Party Services is at your sole risk. We do not review, approve, monitor, endorse, or control Third-Party Services. We have no responsibility for your interactions and activities with third parties. You should carefully review the terms and policies of Third-Party Services before using them.
6. Purchases and Payments
We may offer products, services, website access, subscriptions, membership plans, or other items for sale through the Service (“Purchases”).
We use reputable third-party payment processors to handle payment and confirm your Purchase. Different terms and conditions may apply to your payment method. Please review the applicable third-party terms and policies before making a Purchase. You must pay all applicable fees and taxes for Purchases you make.
Paid Accounts. The Service gives you the option to sign up for a paid account, membership, subscription, etc. (“Paid Account”), which provides additional features, benefits and access. You must pay the specified fees to use a Paid Account. Failure to pay such fees will result in suspension or loss of access to your Paid Account. Contact us to request cancellations or refunds where applicable. We reserve the right to change pricing or billing methods at any time.
Sales Tax. Sales tax will be charged where required by law for any taxable Purchase you make. You must pay sales tax rates that apply based on your location and the products or services you purchase.
Recurring Payments. Some Purchases may involve recurring charges or automatic billing. For example, subscriptions, memberships, etc. By making such a Purchase, you authorize us to automatically charge your provided payment method on a recurring basis until you cancel or we terminate it.
Refunds. Generally, all Purchases are non-refundable. However, in some cases, refunds may be available for certain types of Purchases or circumstances. Refund availability and terms vary based on your location and the type of Purchase. Please contact customer support if you would like to request a refund.
7. Rewards Programs
We may offer programs where you can earn rewards like points, credits, status,discounts, prizes, etc. for taking certain actions on our Service. Specific terms and conditions will be provided at the time of the offer.
We reserve the right to change, suspend or discontinue any rewards program at any time and for any reason. Rewards have no cash value. We are not responsible for replacing lost, stolen or expired rewards, including those you do not use before any posted expiration date.
8. Sweepstakes and Contests
The Service may contain or promote sweepstakes, contests, giveaways, prize draws, competitions, and other promotions (“Promotions”). Specific rules, terms, conditions eligibility requirements, start/end dates, entry details, prizes, etc. will be disclosed for each Promotion separately.
You agree to read and comply with all Promotion rules and meet all eligibility requirements before participating. We reserve the right to verify eligibility and require proof at any time. Promotions are void where prohibited or restricted by law. Winners are solely responsible for any taxes or fees from accepting prizes.
By entering a Promotion, You agree to release and hold harmless our company, affiliates, partners, subsidiaries, agents, representatives, predecessors, successors and employees from any damages, injuries, claims or causes of actions arising from your participation.
9. Ownership and Use Restrictions
We retain full ownership over the Service and its contents. None of these Terms grant any express or implied license to our intellectual property besides what is necessary for you to use the Service.
Shrinky Dinks® Brand. The Shrinky Dinks® name, logos, mascots, and related product and service names, design marks, and slogans are the trademarks or registered trademarks of our company. You must not use any of our trademarks for any purpose without our express written permission.
Content. The text, graphics, images, videos, audios, podcasts, software, data and all other content available through the Service are our property or the property of our content suppliers and protected by copyright and other laws. Unless you have our explicit permission, you must not sell, modify, license, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, rent, lease, share, provide access to, create derivative works from, transfer or otherwise make unauthorized use of any content you find on and through our Service.
User Content. While we do not claim ownership of Your Content, by submitting Your Content through our Service, you grant us licenses, consents, and permissions as described in these Terms.
10. Copyright Infringement & DMCA Policy
If you believe that anything on our Service infringes a copyright or trademark that you own or control, you may file a notice under the Digital Millennium Copyright Act (“DMCA”).
Our DMCA Policy explains how to file a DMCA Notice.
11. Feedback
We love to hear what you think about our Service! Please feel free to submit any feedback, suggestions, requests, testimonials, ideas, or other communications regarding the Service.
Unless otherwise agreed in writing, any such communication becomes our property. We will not pay you for or return such communications. We reserve the right to use, reproduce, disclose, publish and distribute your communications without restriction.
12. No Warranties, As Is
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE SERVICE HAS NO WARRANTY OR GUARANTEE THAT ACCESS WILL BE UNINTERRUPTED, VIRUS-FREE, ERROR-FREE, OR HACKER-FREE, OR THAT OUR SECURITY MEASURES WILL PROVIDE COMPLETE PROTECTION. NO ADVICE, INFORMATION, OR SERVICE OBTAINED FROM US CREATES ANY WARRANTY OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
13. Limitation of Liability
IN NO CASE WILL OUR COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE NOT DIRECTLY CAUSED BY US.
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL OUR COMPANY, OUR AFFILIATES, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS.
THESE LIMITS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER BASIS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW LIABILITY LIMITATIONS, SO THESE LIMITS MAY NOT APPLY TO YOU.
14. Indemnity
To the fullest extent allowed by law, you agree to defend, indemnify, and hold harmless our Company, affiliates, and subsidiaries, and each of their respective officers, directors, managers, employees, shareholders, agents, representatives, partners, successors, and assigns, from and against any claims, damages, liabilities, losses, fines, costs, royalties, proceedings, and expenses (including attorney’s fees, collection costs, and expert fees) that arise from or relate to:
- Any of Your Content;
- Your use or misuse of the Service;
- Your violation of these Terms; and
- Your violation of any third party rights, including intellectual property rights and privacy rights.
We will provide notice to you of any such claim or suit, and will assist you, at your expense, in defending any such claim or suit. We reserve the right to assume exclusive control of defending any such claim or suit. You agree to cooperate with us in defending such claims or suits requested by us.
15. Disclaimers and Limitations in Favor of Specific Beneficiaries
The Site is controlled and operated from within the United States. We do not represent that the Site or the Service, or their functioning or contents, are appropriate outside of the United States. Access to the Site and the Service from territories where their contents are illegal is prohibited. You access the Site and the Service on your own initiative and are responsible for compliance with all applicable laws. The following disclaimers and limitations of liability are for the benefit of us and our licensors, partners, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (collectively, the “Protected Entities”).
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROTECTED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROTECTED ENTITIES ACCEPT NO LIABILITY FOR BODILY INJURY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED MANAGEMENT TIME OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE SERVICE, EVEN IF WE OR OUR LICENSORS, PARTNERS, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE PROTECTED ENTITIES IN CONNECTION WITH ANY CLAIM ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100).
TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DISPUTE ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, THE PROTECTED ENTITIES WILL NOT PARTICIPATE IN ANY CLASS ARBITRATION OR CLASS ACTION. THE PROTECTED ENTITIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DISPUTES ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO ONE HUNDRED DOLLARS ($100).
16. Changes to Terms
We may change these Terms at any time for legitimate business reasons, determined at our sole discretion. We will notify you of material changes by posting the new Terms on our website. Please check back periodically for updates.
Your continued use of our Service confirms your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our Service immediately.
17. Governing Law and Venue
These Terms are governed by the laws of the State of California, U.S.A., without respect to its conflicts of laws principles. Sole and exclusive jurisdiction over any disputes arising from or relating to your use of the Service lies with the state and federal courts located in San Francisco County, California.
18. Severability
If any provision of these Terms is found illegal or unenforceable, then it will be severed with the rest remaining intact and enforceable to the fullest extent permitted by law.
19. No Waiver
Any failure by us to exercise or enforce rights under these Terms or applicable laws does not waive our right to do so later. We reserve all rights not expressly granted in these Terms. Our rights and remedies are cumulative and not exclusive.
20. Assignment
We may assign our agreement with you to any successor or for the benefit of any third party acquirer. You may not assign any of your rights or obligations under these Terms without our prior written consent. Any unauthorized assignment will be null and void.
21. Electronic Communications
By using our Service, you consent to receiving certain electronic communications from us as described in our Privacy Policy. Please read our Privacy Policy to learn more. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including service of process.
22. Entire Agreement
These Terms constitute the entire agreement between you and Shrinky Dinks® Paper Kids Craft Activity regarding the subject matter hereof and supersedes all prior promises, representations, statements and agreements on such subject matter. Any other policies referenced herein are incorporated as if set forth fully herein.
