TERMS AND CONDITIONS OF WEBSITE USE
Last Updated February 17, 2012
WELCOME TO PETALWINKTHEFAIRY.COM™!
We are so happy that you came to visit Petalwink the Fairy™ at PetalwinktheFairy.com™. The PetalwinktheFairy.com website and all items on the site are owned by Three Trees, Inc. which may be referred to as Petalwink, us or we. Your use of the PetalwinktheFairy.com website (the “Website”) is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
1. Right to Use this Website
Petalwink grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, subject to your compliance with the terms and conditions of this User Agreement. The Website contains materials and other items relating to Petalwink the Fairy™, the Petalwink Lullaby™, and other Petalwink products and services (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Petalwink, as outlined below. Your use of Content in a manner not expressly authorized in this User Agreement may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
2. Copyrights and Trademarks
All Content on this Website is copyrighted and owned by Petalwink. The trademarks, logos, and service marks displayed on this Website, and the Website’s trade dress (collectively, the "Trademarks") are all owned by Petalwink. Petalwink disclaims any representation or warranty that your unauthorized use of Content or Trademarks will not infringe upon rights of third parties not owned by or affiliated with Petalwink.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content or Trademarks. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any copyrighted Content, registered or unregistered Trademarks, or any other intellectual property right of Petalwink.
3. Your Communications to Petalwink; Petalwink Rights to Your Submissions
Petalwink likes to hear from you. However, in your communications with Petalwink, please keep in mind that it is our position and policy to not accept, respond to, or consider any creative ideas, suggestions, or materials other than those that we specifically request. It is our intent to avoid potential misunderstandings when Petalwink’s creative materials (e.g. songs, stories, characters, artwork, and products) might seem to be similar to unsolicited creative materials. While we do value all feedback on our website, products or services, we strongly request that you be specific in your comments on our website, products or services. Please do not send any unsolicited original creative materials such as artwork, lyrics, music, story lines, character suggestions or product ideas or creative suggestions, notes, drawings, concepts, or other related items ("Submissions"). If, for any reason, you send or provide unsolicited Submissions despite our request, then the Submissions shall be deemed, and remain, property of Petalwink. No Submissions shall be subject to any obligation of confidentiality, nor shall Petalwink be or become liable for any use or disclosure of any Submission(s). Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Online Shopping
This Website may offer online capabilities to purchase products and services. You must be 18 years of age or older to make any such purchases. All product purchases are subject to the terms of sale located on the Shop Petalwink page of this Website. Please review these terms and conditions of sale for more information on product availability, delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services.
No Purchases by Minors
By ordering a product or service online from Petalwink, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from Petalwink without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
Taxes; Postage and Handling; Insurance
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Petalwink. You are also responsible for paying all postage and handling charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.
5. Use Restrictions
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content or Trademarks on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
6. Investigations; Cooperation with Law Enforcement; Termination
Petalwink reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
7. Privacy and Security Measures
This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PETALWINK DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN PETALWINK WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, PETALWINK WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $1 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THIS WEBSITE.
10. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Petalwink disclaims all liability in connection with therewith.
11. General Provisions
You are entirely responsible for maintaining the confidentiality of your screen name(s), password(s), and other personal information under your control. You agree to indemnify, defend, and hold harmless Petalwink, its officers, directors, employees and agents, from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred by any such indemnified party as a result of any claim, suit, action, demand, or proceeding made or brought against any such indemnified party arising in connection with your use of this Website.
Revisions to this Website and this User Agreement
Petalwink may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Petalwink may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
Use of Website and Product Availability Outside the United States
This Website is controlled and operated by Three Trees, Inc. from its office in Missouri. Petalwink makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. This Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
Jurisdiction, Venue, and Alternative Dispute Resolution
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
© 2012 Three Trees, Inc. All Rights Reserved.