The goal of this web site is to provide access to the widest selection of merchandise to the largest group of people possible. To insure a safe, non-offensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of this website, users (“Users”) agree to be legally bound and to abide by the terms set forth below.
This site is owned and operated by Grimm Productions, LLC. Any references herein to Grimm Brothers
shall be deemed to refer to Grimm Productions, LLC as applicable under the circumstances.
I. TRADEMARKS
Grimm Brothers, are all service marks of Grimm Brothers c or its affiliates. All rights reserved. These and other Grimm Brothers graphics, logos and service marks and trademarks of Grimm Brothers and its affiliates may not be used without prior written consent of Grimm Brothers or its affiliates, as the case may be. All other photos, video, trademarks, product names, and company names and logos appearing on Grimm Brothers are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of Grimm Brothers is at User’s sole risk. Neither Grimm Brothers nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that Grimm Brothers will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Grimm Brothers, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Grimm Brothers.
THIS SITE IS PROVIDED BY Grimm Brothers ON AN “AS IS”AND “AS AVAILABLE” BASIS. Grimm Brothers MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Grimm Brothers DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Grimm Brothers WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Grimm Brothers NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Grimm Brothers or any other party involved in creating, producing, or distributing Grimm Brothers be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use Grimm Brothers, including but not limited to reliance by a User on any information obtained from Grimm Brothers or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Grimm Brothers’s records, programs, or services. User
hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through Grimm Brothers. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that Grimm Brothers contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Grimm Brothers owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on Grimm Brothers only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public
Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Grimm Brothers, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission.
In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Grimm Brothers . By submitting Content to any User-submit areas, including, without limitation, any User reviews or participation in any chats, User automatically grants, or warrants that the owner of such Content has expressly granted Grimm Brothers the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sub-license, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on Grimm Brothers retains any and all rights which may exist in such Content.
c. THIRD-PARTY CONTENT
Grimm Brothers is a distributor and not a publisher of Content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Grimm Brothers, are those of the respective authors or distributors and not of Grimm Brothers or its affiliates or any of their officers,
directors, employees, or agents. Neither Grimm Brothers nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of Grimm Brothers, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Grimm Brothers represents the opinions
and judgments of the respective Provider, or User not under contract with Grimm Brothers. Grimm Brothers neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Grimm Brothers by anyone other than authorized Grimm Brothers employees. Under no circumstances shall Grimm Brothers, or its affiliates, or any of their officers, directors, employees, or agents be liable for
any Grimm Brothers. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through Grimm Brothers.
d. EXPORT
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from Grimm Brothers to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use Grimm Brothers only for lawful purposes. User is prohibited from posting on or transmitting through Grimm Brothers any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If Grimm Brothers is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through chat or product review), Grimm Brothers may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Grimm Brothers. Grimm Brothers may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Grimm Brothers; or (iii) to protect the rights or property of Grimm Brothers, its Users or Providers. Grimm Brothers reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Grimm Brothers, the communities that make up Grimm Brothers, or any rights of Grimm Brothers or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Grimm Brothers nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Grimm Brothers, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Grimm Brothers.
V. PRIVACY POLICY
In accordance with the terms of Grimm Brothers Halloween Privacy Policy, Grimm Brothers respects the privacy of its Users.
VI. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between you and Grimm Brothers regarding your relationship with Grimm Brothers and supersedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Grimm Brothers web site. The aforementioned Terms of Use are subject to change.