By using the CreatureShop.com website (“Site”), you agree to follow and be bound by these terms of use (“Terms of Use”), and the Privacy Policy and Full Disclaimer, which are hereby incorporated into these Terms of Use. In these Terms of Use, the words “you” and “your” refer to each Site visitor or user, “we”, “us” and “our” refer to CreatureShop.com and The Jim Henson Company, Inc., and “Services” refers to all services provided by us.

We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. If you have any questions about these Terms of Use, please contact us at legal@creatureshop.com.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

The Jim Henson Company, Inc. and CreatureShop.com (collectively, “CreatureShop.com”) provide an online portal to give visitors general information about our business and the services we provide. CreatureShop.com strives to keep its information accurate, current and up-to-date. However, for a variety of reasons, CreatureShop.com cannot guarantee that all of the information on the Site is completely current or applicable to your circumstances.

1. Privacy Policy. CreatureShop.com respects your privacy and permits you to control the treatment of your personal information. CreatureShop.com’s Privacy Policy is expressly incorporated into this Terms of Use.

2. Ownership. This Site is owned and operated by The Jim Henson Company, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned or licensed by The Jim Henson Company, Inc. Except as may be expressly stated on the Site or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of The Jim Henson Company, Inc.’s or CreatureShop.com’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Contact Information” below if you have any questions about obtaining such licenses. The Jim Henson Company, Inc. does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by The Jim Henson Company, Inc. Any rights not expressly granted herein are reserved by The Jim Henson Company, Inc.

3. Limited Permission to Download. The Jim Henson Company, Inc. hereby grants you permission to download, view, copy and print the Materials found on CreatureShop.com on any single, stand-alone computer solely for your personal, informational, and internal business use provided that: (a) the copyright and trademark notice appearing below appears in such Materials; (b) the Materials are not used on any other website nor in a networked computer environment; and (c) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

4. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than CreatureShop.com or The Jim Henson Company, Inc. (each a “Third Party Site”). CreatureShop.com may work with a number of partners and affiliates whose sites are linked with web addresses. Both CreatureShop.com and The Jim Henson Company, Inc. are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. CreatureShop.com makes no guarantees about the content or quality of the products or services provided by such sites. CreatureShop.com is not responsible for webcasting or any other form of transmission received from any Third Party Site. CreatureShop.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CreatureShop.com of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither CreatureShop.com nor The Jim Henson Company, Inc. are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Rights and Responsibilities of CreatureShop.com.

5.1 CreatureShop.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CreatureShop.com’s Copyright Agent with the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

CreatureShop.com’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Jill Peterson
The Jim Henson Company, Inc.
1416 N. La Brea Ave.
Hollywood, CA 90028
legal@creatureshop.com

5.2 Although we cannot make an absolute guarantee of system security, CreatureShop.com takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at legal@creatureshop.com for help.

5.3 CreatureShop.com reserves the right to refuse service to anyone and to cancel user access at any time.

6. Rights and Responsibilities of CreatureShop.com Users. You are responsible for honoring the rights of others, including intellectual property rights (copyright, patent and trademark). You agree not use the Site in any way that could damage, disable, or impair any Services provided by CreatureShop.com (or the network(s) connected to the Site), violate the privacy and security of other users, or interfere with any user’s use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

7. No Warranty. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CREATURESHOP.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CREATURESHOP.COM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

8. Limitation of Liability. IN NO EVENT SHALL CREATURESHOP.COM, THE JIM HENSON COMPANY, INC., OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF CREATURESHOP.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF CREATURESHOP.COM TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.

9. Indemnification. You agree to defend, indemnify and hold harmless CreatureShop.com, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

10. Unsolicited Submissions. CreatureShop.com does not allow the submission of confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to CreatureShop.com through or in association with this Site shall be considered non-confidential.

11. Compliance with Intellectual Property Laws. When accessing CreatureShop.com or using CreatureShop.com’s Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit. If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at legal@creatureshop.com as described above in Section 5.1.

12. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.

13. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of California. You and CreatureShop.com agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

14. Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2014 The Jim Henson Company. All Rights Reserved.

15. Trademarks. All images and text, logos for The Jim Henson Company, Inc., Jim Henson’s Creature Shop and CreatureShop.com, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of The Jim Henson Company, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

16. Acknowledgement. BY USING CREATURESHOP.COM’S SERVICES OR ACCESSING THE CREATURESHOP.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

17. Contact. If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us at webadmin@creatureshop.com.

PRIVACY POLICY

The Jim Henson Company, Inc. and CreatureShop.com (collectively “CreatureShop.com,” “us,” “we” or “our”) are deeply committed to your right to privacy, and we take your privacy seriously. CreatureShop.com has prepared this privacy policy statement (“Privacy Policy”) to describe our collection, use, and disclosure of your personal information through the CreatureShop.com website (“Site”). This Privacy Policy is incorporated into the Terms of Use Agreement. CreatureShop.com will collect, use, and disclose your personal information as described in this Privacy Policy.

Information Collected.

Through the combination of both internal and third party tracking code as well as cookies, we track the following categories of information when a visitor enters the Site: (1) IP address, (2) domain servers, (3) type of computer used to access the Site, (4) types of web browsers (collectively “Anonymous Data”). Such data does not collect information that identifies you as an individual. CreatureShop.com uses Anonymous Data for general marketing purposes and to help enhance customer experience on the Site.

For you to access certain services that we offer through the Site, we may require you to provide us with information that can identify you as an individual (“Personally Identifiable Information”). Personally Identifiable Information includes: “Contact Data” (such as your first and last name, physical street address, city, state, zip code, phone number and email address).

Please note that Contact Data and Anonymous Data is used to gather general statistics regarding our customers and visitors, in order to enhance the consumer experience on the Site. We may also use demographic data in a manner that does not identify you specifically or allow you to be contacted but does identify certain criteria about our users in general. For example, we may inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed.
We use your Contact Data to provide you with special information and promotions regarding our products or to contact a customer regarding an order or to respond to a question or request.

Choice Regarding Disclosure of Contact Information.

You may choose not to provide us with any Contact Information. In such an event, you can still access and use the Site; however you will not be able to access and use portions of the Site that require your Contact Information.

Confidentiality and Security of Contact Information.

Except as described in this Privacy Policy, we will not share your Contact Information with third parties, unless such disclosure is necessary (as determined in our sole discretion) to: (a) comply with a court order or other legal process; (b) protect the rights, property, and/or safety of CreatureShop.com, The Jim Henson Company, Inc., or any third party; or (c) enforce the Terms of Use.

We use reasonable measures to maintain the security of your Contact Information. However, no company, organization, or online community, including CreatureShop.com and The Jim Henson Company, Inc., can fully eliminate security risks associated with personal information.

Other Disclosures.

We may provide your personal information to third party service providers who work on behalf of or with CreatureShop.com to provide some of the services and features of the CreatureShop.com Site and to help us communicate with the members of our Site. However, these service providers do not have any independent right to share this information (expect pursuant to a legal requirement such as a subpoena or warrant).

We may share some or all of your personal information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

If the assets related to the CreatureShop.com Site are acquired by another company, that company will possess the personal information collected by us and it will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

CreatureShop.com has security measures in place to minimize the loss, misuse, destruction and alteration of the information that you provide us or that we obtain from you. We will have no liability however to you or to any third-party arising out of any such loss, misuse, destruction, or alternation.

Other Limits to Your Privacy.

Our Site contains links to other third-party websites (“Linked Websites”). We are not responsible for the privacy practices or the content of the Linked Websites. If you choose to visit other websites, we are not responsible for the Privacy Practices or content of those other websites, and it is your responsibility to review the Privacy Policies at those websites to confirm that you understand and agree with their policies.

Updates and Changes to Privacy Policy.

We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting.

Contact.

If you have any questions about this Privacy Policy, or your dealings with the CreatureShop.com Site, you can contact us at webadmin@creatureshop.com.

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