HalloweenU® Terms Of Use

HALLOWEENU.COM TERMS OF USE

This is the website of HalloweenU.com. HalloweenU.com and HalloweenU® are registered d/b/as of DOJOMI LIMITED (“DOJOMI”). DOJOMI can be reached via electronic mail at db@dojomi.com.

DOJOMI is dedicated to providing a safe, convenient, and hassle-free online shopping experience through the domain name HalloweenU.com (the “Website”). Your access to and use of the Website is subject to the following terms of use ("Terms of Use ") and any and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, the Terms of Use and the HalloweenU® Privacy Policy (the “Privacy Policy), and all statements on the HalloweenU® Customer Service Page. If you do not agree to the Terms of Use and the Privacy Policy, please do not use the Website. Prior to registering, requesting any of DOJOMI’s services or entering any of DOJOMI’s contests, sweepstakes or promotions (to the extent that any such contests, sweepstakes or promotions may occur from time to time), you are required to read and acknowledge the Terms of Use, and by registering, requesting any of DOJOMI’s services or entering any of DOJOMI’s contests, sweepstakes or promotions, you covenant, represent and warrant that you have read, consent to and shall comply with the Terms of Use, and the Privacy Policy.

INTELLECTUAL PROPERTY NOTICES.

This provision shall be in addition to the terms of the HalloweenU® Copyrights & Trademarks page.

© Copyright 2010 DOJOMI LIMITED. All rights reserved. Any reproduction or distribution (except for personal, non-commercial purposes, or as otherwise specified in the Terms of Use) in any form or by any means, without the express written consent of DOJOMI is strictly prohibited.

All intangible assets embodied in or arising from the Website, including, without limitation, all intellectual property in and to the domain name, trademarks, service marks, trade dress, copyrights, know-how, show-how, inventions (whether or not patentable), mask works and software, or other intangible assets of whatsoever nature are owned by DOJOMI, DOJOMI affiliates, or various individuals or entities. No license is granted or right conveyed, by implication or otherwise, to you to use the intangible assets without the express written permission of DOJOMI or the other individual or entity that may own the intangible asset.

DOJOMI may, in DOJOMI’s sole and absolute discretion, modify any and all of the Website content at any time without the requirement to provide notice.

Copyrights. Unless otherwise indicated, all Website materials originated by DOJOMI, including, without limitation, logos, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of DOJOMI. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials on the Website that originated from DOJOMI —including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of DOJOMI is strictly prohibited.

Permission to Use Content Submitted by You. You agree that any Content you upload, post, email, transmit or otherwise make available via the Website is non-confidential and that DOJOMI shall have a perpetual, worldwide, non-exclusive license to use any such Content in connection with any DOJOMI sponsored contest(s), or the marketing, promotion, or advertising. The submission of any materials to DOJOMI irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

Trademarks. HALLOWEENU, UBER-EASY, HALLOWEEN YOU and other HalloweenU.com names and logos are trademarks of DOJOMI, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DOJOMI. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of DOJOMI, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DOJOMI.

Copyright Infringement Claims; Designated Agent. In accordance with the Digital Millennium Copyright Act of 1998 HalloweenU® will respond expeditiously to claims of copyright infringement that are reported to the HalloweenU® designated copyright agent identified below. 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. HalloweenU® reserves the right at its sole and absolute discretion, to remove content and terminate the accounts of HalloweenU® users who infringe, or appear to infringe, the intellectual property or other rights of third parties.

If you believe that your copyright-protected work has been copied in a way that constitutes copyright infringement, please provide the HalloweenU® copyright agent with the following information:

  1. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  2. 2. Identification of the copyright 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 the halloweenu.com; 
  3. 3. 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 HalloweenU®to locate the material; 
  4. 4. Information reasonably sufficient to permit HalloweenU® to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted; 
  5. 5. 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; and 
  6. 6. 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. 

All claims of copyright infringement on or regarding halloweenu.com should be delivered to the HalloweenU® designated copyright agent at the following address:

DMCA Complaints
 Registered Agent: Douglas Burda 
P.O. Box 15533
 Las Vegas, Nevada 89114, 
Phone. 702-518-0002,
 Email. copyright@halloweenu.com

Possible Content Removal. DOJOMI retains the right, but not the obligation, to monitor and edit or remove any activity or content that DOJOMI deems in DOJOMI‘s sole discretion to be harmful to users, DOJOMI or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that DOJOMI deems in DOJOMI’s sole judgment to be inappropriate or which it believes may subject DOJOMI to any liability, including without limitation the following: photographs, pictures, images, text or other materials submitted by users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights; partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words; profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive; any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.

CONTACT INFORMATION. Questions about, or notice or inquiry given pursuant to, the Terms of Use should be directed to DOJOMI via email at db@dojomi.com, with the subject, “Terms of Use.”

LINKING TO THE WEBSITE. You are granted a limited, non-exclusive right to create a hyperlink to this Web site provided such link does not portray DOJOMI or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any DOJOMI trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page without DOJOMI’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a DOJOMI name, trademark or product name without DOJOMI’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DOJOMI or any third party. DOJOMI makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Website.

DISCLAIMER OF ALL WARRANTIES AND REPRESENTATIONS. THIS WEBSITE AND ALL CONTENT HEREIN IS PROVIDED “AS IS.” DOJOMI DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER OR NOT IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THIS WEBSITE OR ANY OF THE TRANSACTIONS REASONABLY CONTEMPLATED BY THE PARTIES HERETO INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT DOJOMI KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE, IN FACT, AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOJOMI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOJOMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

CHANGES TO THE TERMS OF USE. DOJOMI will occasionally update the Terms of Use to reflect company and user feedback, or changes in applicable law. You are encouraged to periodically review the Terms of Use. Your continued use of the Website constitutes your consent to any and all such changes.

GENERAL INFORMATION. The Terms of Use, the Privacy Policy, DOJOMI, the Website, and any claim related thereto, are governed by Nevada law, without regard to any conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim relating to the Terms of Use, Privacy Policy, DOJOMI, or the Website shall be brought in a federal or state court in Clark County, Nevada within one year after the claim arises or be forever barred. Users of the Website consent to the sole and exclusive jurisdiction of courts located in Clark County, Nevada as the most convenient and appropriate for the resolution of such disputes. The Website is controlled, operated and administered entirely within the United States. Use of the Website from locations outside the United States where the practices addressed herein are illegal or violate any law is prohibited.

The Terms of Use, the Privacy Policy, and all statements on the HalloweenU® Customer Service Page constitutes the entire agreement between you and DOJOMI and govern your use of the Website, superseding any prior agreements between you and DOJOMI. You also may be subject to additional terms and conditions that may apply when you use affiliate or other DOJOMI services, third-party content or third-party software. The failure of DOJOMI to exercise or enforce any right or provision of the Terms of Use and/or the Privacy Policy shall not constitute a waiver of such right or provision. If any provision of the Terms of Use or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use and the Privacy Policy remain in full force and effect. Section headings are for convenience only and have no legal or contractual effect.

We cannot confirm the price of an item until your order enters the shipping process. Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display products and services accurately on HalloweenU.com. Despite these efforts, a small number of the items on the site may be mispriced, described inaccurately or unavailable. As part of our shipping procedures, we verify the availability and the price before an item is shipped out. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, the item is no longer available, or we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

Descriptive, typographic and photographic errors are subject to correction and we shall have no liability for such errors. Please note the refund value for each item returned will be reduced to reflect the value of any free gift or discount.

Please note that any and all information on HalloweenU.com, including product and pricing information, is subject to change at any time, without notice. By using the website at HalloweenU.com, you agree to hold HalloweenU harmless for such changes and any and all claims or damages resulting therefrom, even in the event that such changes are based on HalloweenU's mistake or oversight, or if made in response to believed fraud, even if such fraud is shown to not have occurred. You agree that HalloweenU will not be obligated to honor previously-offered pricing in any case, but particularly if such pricing was in error, mistake or oversight, whether by you or HalloweenU.

If you have any questions regarding the above, please contact us.

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