Terms of Use | Privacy Policy

curlyandspike.com


Terms and Conditions of Use
Privacy Policy

Last Update: August, 2013

Terms and Conditions of Use
This website, including any subsite accessible through the homepage (the "Site"), is published and maintained by Curly & Spike and/or Curly & Spike Custom Merch ("Curly & Spike"). Please note that when you enter any subsite accessible through this homepage, such subsite may have its own terms and conditions of use which are specific to such subsite. When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.

Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Curly & Spike grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Ownership
All materials on this Site, including but not limited to audio, images, text, and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, Curly & Spike is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download one (1) copy only of the Content to be used only by you for your personal use at home, unless the subsite you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.

Rules for Chatrooms, Bulletin Boards, and Other User-Supplied Material
This website may have an area which allows you to "chat" or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) nterfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.

Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although Curly & Spike may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, Curly & Spike is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Curly & Spike may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate Curly & Spike's policies in any way. Curly & Spike will fully cooperate with any law enforcement authorities or court order requesting or directing Curly & Spike to disclose the identity of anyone posting such materials.

Curly & Spike's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Curly & Spike uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Curly & Spike anywhere in the world, in any medium, forever. Furthermore, Curly & Spike is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that Curly & Spike is not obligated to use any such ideas or materials, and you have no rights to compel such use.

Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Curly & Spike does not cause Curly & Spike to have any special responsibility to you.

Links
This website may contain links to other Internet sites on the World Wide Web. Curly & Spike provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that Curly & Spike approves of, endorses, or recommends that website. Curly & Spike disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Contests
This Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
E-mail the Site, or ask us to e-mail anything to you
Send in any information
Enter any contest or game that requires information about you or offers a prize
Join any club or group
Enter any chatroom or,
Buy anything online

Availability of Products and Services

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with a Curly & Spike authorized representative for the availability of specific products and services in your area.

Curly & Spike's Right to Change These Terms and Conditions
of Use or Content on the Site

Curly & Spike may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Curly & Spike may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Indemnification
You agree to indemnify, defend, and hold Curly & Spike and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Curly & Spike's defense of any claim. Curly & Spike reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Curly & Spike.

Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, CURLY & SPIKE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CURLY & SPIKE'S NEGLIGENCE, SHALL CURLY & SPIKE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF CURLY & SPIKE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CURLY & SPIKE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Curly & Spike and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules.

Online Privacy Policy

Your Privacy
At Curly & Spike we believe that, as our online visitor, you have a right to know our practices regarding the information we collect when you visit our websites, and what type of information is collected. The guidelines contained herein only apply to your visits to www.curlyandspike.com, the website operated by Curly & Spike Custom Merch. In addition, this policy also applies to (i) your visit to those webpages on www.curlyandspike.com that contain www.curlyandspike.com in their URL (except for those pages that contain www.curlyandspike.com in their URL but that "redirect" users to other Curly & Spike Websites that do not contain www.curlyandspike.com in their URL) and (ii) itemized search result pages on www.curlyandspike.com (note that some search results are keyword direct links to other Curly & Spike affiliates which have their own privacy policies).

Other websites which are linked to/from these websites (including other Curly & Spike affiliates and via banner ads) may have different policies; therefore, please review the privacy policy notices on those websites for details.

While Curly & Spike does not generally require that you provide us with personally identifiable information in order to visit and use the Curly & Spike website, please note that in order to participate in some activities, it will be necessary for you to provide this information. If you choose not to provide it for those activities, you may not be able to participate in them.

Collection of Information: Cookies; Personal
For each visitor to aCurly & Spike website, Curly & Spike's web server automatically recognizes and stores information, such as the visitor's IP address/domain name combination and any referring websites. We use this information to understand visitor traffic patterns through our websites for purposes such as enhancing their usability. Your computer provides this information automatically each time you log on, unless you've activated blocking technology available in some browsers.

When you visit Curly & Spike's website or advertisements appearing thereon, or use one or more of the Curly & Spike website services, we may use an industry-wide technology called "cookies" which stores certain information on your computer and which will allow us to customize your experience to better match your interests and preferences, or to simply facilitate your signing in to use the services. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, we may not be able to restore any preferences or customization settings you previously specified, and our ability to personalize your online experience would be limited. Please refer to your browser instructions or "help" screen to learn more about these functions.

Additionally, Curly & Spike may ask you to provide "personal information," meaning individually identifiable information that you provide on our websites such as your e-mail address, name, mailing address, telephone number, social security number, credit card number, or persistent identifier (such as a customer number held in a cookie) which is associated with individually identifiable information, to enable you to participate in contests, chatrooms, to fill out a registration, or to order products and services using these websites. Curly & Spike may combine the information you provide on our websites with other information we may collect from you or from third parties so that we can more effectively tailor our website, services, and offerings to you. If you provide Curly & Spike with personal information, you shall have the right, on reasonable prior notice, to inspect, change, amend, or delete such information. Instructions on how to update personal information will be given at the point of data collection.

Unless you instruct us otherwise, Curly & Spike may contact you to provide information about products, services, promotions, contests, or other activities or offerings that may be of interest to you. You can instruct us whether or not you wish to be contacted by checking or removing the check from the box indicating your preference as applicable at the place where your information is collected, or by other means (such as an e-mail request). In addition, with each communication you receive from Curly & Spike, you will be given the opportunity to indicate if you do not wish to receive future communications.

Unless it is for the purposes you have requested or originally agreed, Curly & Spike will not share the personal information you provide on the Curly & Spike websites with any other parties, except (a) with your consent; (b) as may be required by law or court order; (c) to persons or companies with whom Curly & Spike contracts to carry out the internal operations of the website or our business; or (d) under exigent circumstances to protect the personal safety or property of our users, the public, or ourselves.

Additionally and with your consent, Curly & Spike may share your personal information with other affiliated Curly & Spike companies -- i.e., (i) Curly & Spike Custom Merch, (ii) any company of which more than 50% of its outstanding shares are owned by Curly & Spike, directly or indirectly, or (iii) any company with the name "Curly & Spike" as a part of its trade name -- who may want to contact you about products, services, or other offerings that may be of interest to you. Further, only with your consent, Curly & Spike may share your personal information with specific third parties outside of the Curly & Spike group of companies who may want to contact you about products, services, or other offerings that may be of interest to you. Please consult the respective privacy policies of each of these companies for further clarification as to their own privacy policy. Curly & Spike will seek to obtain your consent at the place where the information is collected either by an "opt-out" or "opt-in" method, or by other means (such as an e-mail request). If you consent to receiving communications from any of these affiliated Curly & Spike companies, or third parties, you will need to communicate with them directly if you later decide that you no longer wish to receive their communications. Until we advise you, except as indicated above for the initial decision made with your consent to share your personal information with Curly & Spike affiliates and/or specific third parties outside of the Curly & Spike group of companies, changes or amendments to your personal information must be given both to Curly & Spike and to each such Curly & Spike affiliate or other company directly, as these changes, amendments, and/or deletions will not be exchanged among Curly & Spike and other Curly & Spike affiliates or third parties.

Security
While Curly & Spike cannot guarantee that unauthorized access will never occur, rest assured that Curly & Spike takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.

Notice To/Regarding Children Under the Age of 13
If you are under 13 years of age, you should not provide any personally identifiable information (for example, your last name, home address or e-mail address) on these sites without the knowledge and permission of your parent or guardian. If Curly & Spike learns that you are under 13 years of age, Curly & Spike will not maintain or use any personally identifiable information about you without the verifiable consent of your parent or guardian, except as allowed by law. This may mean that you will be unable to participate in some activities on the sites without that verifiable consent.

Curly & Spike believes that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of content available on the Curly & Spike websites and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.

Use and Disclosure of Anonymous Aggregated Information
Curly & Spike may also collect, aggregate, and maintain anonymous information about the visitors to our websites, such as visitors' hobbies, interests, purchasing habits, music preferences, and the like. This data can then be used to tailor Curly & Spike's website content and advertising to deliver a better experience for our visitors. In addition, Curly & Spike may also share such aggregate information about our visitors with advertisers, business partners, sponsors, and other third parties; for example, to inform them about the percentage of male/female visitors or percentage of visitors within a particular age range.

Consent to Processing
By providing any personal information to the Curly & Spike websites, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States of America.

Policy Governs Use; Changes to Privacy Policy
The terms of this policy will govern the use and any information collected while it is in place. Curly & Spike reserves the right to change this policy at any time, so please re-visit this page as often as you wish. Changes to this privacy policy are effective at the time they are posted to this Site.



Questions
If you have any questions or comments about our policy practices, please feel free to send us an e-mail at: info@curlyandspike.com.