TERMS AND CONDITIONS OF WEBSITE USE
HOWDY, Y'ALL! WELCOME TO THUMBSUPJOHNNIE.COM™!
We are so happy that you came to visit Thumbs Up Johnnie™ and the Characterrific Crew™ at ThumbsUpJohnnie.com™. The ThumbsUpJohnnie.com website and all items on the site are owned by Pixie Stuff, L.L.C., which may be referred to as "Thumbs Up Johnnie," "us" or "we". Your use of the ThumbsUpJohnnie.com website (the "Website") is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, as it is a legally binding agreement that contains important information about our Website and your permitted use. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
1. Right to Use this Website
Thumbs Up Johnnie grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education and communication, subject to your compliance with the terms and conditions of this User Agreement. The Website contains materials and other items relating to Thumbs Up Johnnie™ and Thumbs Up Johnnie products and services (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Thumbs Up Johnnie, as outlined below. Your use of Content in a manner not expressly authorized in this User Agreement may violate copyright, trademark, privacy, publicity, communications and other laws, and any such use may result in your personal liability, including potential criminal liability.
2. Copyrights and Trademarks
All Content on this Website is copyrighted and owned by Thumbs Up Johnnie. The trademarks, logos and service marks displayed on this Website, and the Website's trade dress (collectively, the "Trademarks") are all owned by Thumbs Up Johnnie. Thumbs Up Johnnie disclaims any representation or warranty that your unauthorized use of Content or Trademarks will not infringe upon rights of third parties not owned by or affiliated with Thumbs Up Johnnie.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content or Trademarks. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any copyrighted Content, registered or unregistered Trademarks, or any other intellectual property right of Thumbs Up Johnnie.
3. Your Communications to Thumbs Up Johnnie; Thumbs Up Johnnie's Rights to Your Submissions
Thumbs Up Johnnie likes to hear from you. However, in your communications with Thumbs Up Johnnie, please keep in mind that it is our position and policy to not accept, respond to, or consider any creative ideas, suggestions, or materials other than those that we specifically request. It is our intent to avoid potential misunderstandings when Thumbs Up Johnnie's creative materials (e.g., songs, stories, characters, artwork and products) might seem to be similar to unsolicited creative materials. While we do value all feedback with respect to our Website, products or services, we strongly request that you be specific in your comments on our Website, products or services. Please do not send any unsolicited original creative materials such as artwork, lyrics, music, story lines, character suggestions or product ideas or creative suggestions, notes, drawings, concepts, or other related items ("Submissions"). If, for any reason, you send or provide unsolicited Submissions despite our request, then the Submissions shall be deemed, and remain, property of Thumbs Up Johnnie. No Submissions shall be subject to any obligation of confidentiality, nor shall Thumbs Up Johnnie be or become liable for any use or disclosure of any Submission(s). Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Online Shopping
This Website may offer online capabilities to purchase products and services. You must be 18 years of age or older to make any such purchases. All product purchases are subject to the terms of sale located on the Johnnie Merchandise page of this Website. Please review these terms and conditions of sale for more information on product availability, delivery, returns and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services.
No Purchases by Minors
By ordering a product or service from Thumbs Up Johnnie, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from Thumbs Up Johnnie without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
Taxes; Postage and Handling; Insurance
You are responsible for paying all sales, use and other similar taxes relating to any of your online purchases of products or services from Thumbs Up Johnnie. You are also responsible for paying all postage and handling charges relating to your purchases (including any product offered with a service), and for insuring your purchases.
5. Use Restrictions
You agree that you will not: (a) use this Website for any commercial or political purpose (including, but not limited to, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content or Trademarks on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame, deep link or utilize framing or deep linking techniques to enclose any Trademark or other proprietary information (including, but not limited to, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
6. Investigations; Cooperation with Law Enforcement; Termination
Thumbs Up Johnnie reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks; (b) investigate any suspected breaches of this User Agreement; (c) involve and cooperate with law enforcement authorities in investigating any such matters; (d) prosecute violators of this User Agreement to the full extent of the law; and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
7. Privacy and Security Measures
THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS, AND YOUR USE AND BROWSING OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THUMBS UP JOHNNIE DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN THUMBS UP JOHNNIE WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, THUMBS UP JOHNNIE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $1 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THIS WEBSITE.
10. Banners, Advertisements and Promotions
We reserve the right to post banners, advertisements, promotions and similar content throughout this Website. Any interactions, correspondence and business dealings that you have with any advertisers and other third parties found on or through this Website (including via linked sites) are solely between you and the third party (including, but not limited to, issues related to the content of third party advertisements, payments, delivery of goods, warranties and the like). Thumbs Up Johnnie disclaims any and all liability in connection therewith.
11. General Provisions
You are entirely responsible for maintaining the confidentiality of your screen name(s), password(s) and other personal information under your control. You agree to indemnify, defend and hold harmless Thumbs Up Johnnie, its officers, directors, employees, agents and affiliates, from any damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred by any such indemnified party as a result of any claim, suit, action, demand or proceeding made or brought against any such indemnified party arising in connection with your use of this Website.
Revisions to this Website and this User Agreement
Thumbs Up Johnnie may, in its sole discretion, make changes to any aspect of this Website, including, but not limited to, any Content, any activities available on this Website, and any products or services offered through this Website. Thumbs Up Johnnie may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
Use of Website and Product Availability Outside the United States
This Website is controlled and operated by Pixie Stuff, L.L.C. from its office in Missouri. Thumbs Up Johnnie makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. This Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
Jurisdiction, Venue and Alternative Dispute Resolution
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.