2. Use of the WebA. The information and materials on this Website are provided for general informational purposes. You may use this Website solely for the purposes of learning about and/or purchasing Stuffed States USA products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this Website for any other purpose. You may not use this Website if you are under the age of thirteen (13) without parental supervision. B. In order to access certain features of this Website, you will have to create an account. You may not use another user’s account, whether or not you have permission. You are solely responsible for the activity that occurs on your account, and you must keep your account secure, including refraining from giving anyone else your password. When creating your account, you must provide accurate and complete information in all required fields of the registration form. You agree to immediately notify Stuffed States USA of any unauthorized use of your password or account or any other breach of security. Stuffed States USA cannot and will not be liable for any loss or damage arising from your failure to comply with Section 2 of the Terms of Service. C. By registering with Stuffed States USA, you represent that you are of legal age to enter into a binding contract and you are not a person barred by any laws from using the Stuffed States USA Website. You agree to provide proof of your age and identity upon request. D. The Website may contain links to third party sites that are not owned or controlled by Stuffed States USA. Stuffed States USA has no control over, and assumes no responsibility for, the content, policies, or practices of any third-party sites. By using the Stuffed States USA Website, you specifically release Stuffed States USA from any and all liability arising from your use of any third-party website. E. Children Under Thirteen – Stuffed States USA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.StuffedStatesUSA.com only with permission of a parent or guardian.
3. Cancellation/Refund PolicyIf you are not satisfied with your purchase, you can request a return or exchange within thirty (30) days of purchase if the state is in the original condition with the hang tag attached. To arrange a return, please contact us at info@StuffedStatesUSA.com Customers are responsible for shipping charges for mailing the Stuffed State back to us. We suggest getting insurance, if we don’t get your Stuffed State back, we will be unable to process your refund. We are committed to processing refunds quickly, so you will likely receive notice of your refund within hours of your return arriving to our warehouse. Refunds can take 1-2 weeks to be reflected in your account. Of course, we are always here if you need any help along the way. Email us at info@StuffedStatesUSA.com.com and we can help you with any step.
You agree that Stuffed States USA may, without cause or prior notice, and without liability to you or any third party, immediately terminate your Stuffed States USA account, any promotion, award, coupon, user-uploaded content or comments associated with your account and/or your email address. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be reported to the appropriate law enforcement authorities, These remedies are in addition to any other remedies Stuffed States USA may have at law or in equity. Causes for termination include, but are not limited to:
- a. A request by you to delete your account;
- c. Requests by law enforcement or other government agencies;
- d. Discontinuance or material modification to the Website or any part of the Website;
- e. Technical or security issues;
- f. Inactivity;
- g. Engagement by you in fraudulent or illegal behavior;
- h. Nonpayment of any fees owed by you in connection to the Website; i. No cause at all.
- Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, infringes or violates any patent, copyright, trademark, trade secret or other property right;
- or breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or that:
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person’s privacy or publicity rights, a
- misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines. You may not, except with Stuffed States USA’s express advance authorization or in a specially designated area, use the Website to:
- Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
- engage in commercial activities within Stuffed States USA’s Website;
- harm minors in any way;
- solicit personal information from anyone;
- provide false or deceptive information;
- use Stuffed States USA content to engage in commercial activities;
- delete, add or otherwise change other people’s coloring pages or other Content;
4. Intellectual PropertyThe content on the Website, including without limitation, the text, graphics, and photos created by and for Stuffed States USA, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Stuffed States USA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Stuffed States USA or as expressly provided herein. Stuffed States USA reserves all rights not expressly granted in and to the Website and the Content contained therein.
5. Rules of ConductThe following rules of conduct apply to your use of the Website and to any and all materials you post on Stuffed States USA ‘s website, including text, data, graphics, audio or video content, chat, messages, files or other material whether the State Coloring Page herein shall be called User Submission is included in blogs, discussion groups, emails, contests, profiles, comments, or any other portion or feature of Stuffed States USA. You may not, in connection with the Website:
6. Copyright InfringementStuffed States USA respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Stuffed States USA and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. Stuffed States USA reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers. If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification,
- a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent to our designated agent as follows: Attn: Legal Dept. Stuffed States USA LA, CA 90035 Email: info@StuffedStatesUSA.com Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
7. Modifications to the WebsiteStuffed States USA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Stuffed States USA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
8. PricingDespite our best efforts, mistakes do happen, and there may be cases where items on the site may be mispriced or coupon discounts may be applied incorrectly. If an item’s correct price is higher than our stated price or a coupon error occurs, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
9. Warranty DisclaimerYou agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, stuffed states usa, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of stuffed states usa, disclaim all warranties, express or implied, in connection with the website and your use thereof. Stuffed states usa makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to this site and assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. Stuffed States USA does not warrant, endorse, guarantee or assume responsibility for any third-party website linked to on the website. Stuffed States USA will not be a party to or responsible for any transaction between you and any third-party site. No communication between you and Stuffed States USA, whether written or oral, shall create any additional warrantee or guarantee that is not expressly stated in the Terms of Service. You should use your best judgment and exercise caution where appropriate.
10. Limitation of LiabilityIn no event shall Stuffed States USA or any affiliate, director, subsidiary, officer, employee, licensor, distributor, supplier, agent, reseller or owner of Stuffed States USA, be liable to you for any direct, incidental, special, punitive or consequential damages whatsoever from any personal injury, unauthorized access to your computer or other online accounts, unauthorized access to your Stuffed States USA account, any interruption of service from our website, any bugs, viruses, Trojan horses or other malicious code, or any errors or omissions in content. The foregoing limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. In addition, you specifically acknowledge that Stuffed States USA shall not be liable for User Submissions or for any conduct by a third party and that the risk of harm or damage from User Submissions or third party content posted to the Stuffed States USA website rests entirely with you. The Website is controlled and offered by Stuffed States USA from its facilities in the United States of America. Stuffed States USA makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. ArbitrationIn the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
13. Class Action WaiverAny arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Stuffed States USA agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
16. TrademarksAll of the Stuffed States USA trademarks, including but not limited to “Stuffed States USA”, are owned by Stuffed States of America LLC. and may not be used for any purpose without the prior written permission of Stuffed States USA.
Contact UsStuffed States USA welcomes your questions or comments regarding the Terms:
- Stuffed States of America LLC Los Angeles,
- California 90035
- Telephone number: 310-554-8855