curlyandspike.com - Terms of Use / Privacy Policy

Terms and Conditions of Use
Privacy Policy

Last Update: March, 2008

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.

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 personal information practices or about this
privacy statement, please feel free to send us an e-mail at info@curlyandspike.com.

For any Customer Service issues with products or services by Curly & Spike please visit our
Frequently Asked Questions page.

To report any technical problems with this website, you can e-mail us at :
webmaster@curlyandspike.com

©2008 Curly & Spike, All Rights Reserved.