Terms of Use

Introduction

Welcome to maxhalloween.com (“Website”).  The Website is owned and operated by Maximum Halloween LLC (“Max Halloween”).  By using the Website and its related sites, services and tools; you (“User”) agree to the following terms and conditions.

Information

Max Halloween makes reasonable efforts to include accurate and up to date information on the Website.  However, Max Halloween cannot guarantee the completeness, timeliness, or accuracy of the information contained on the Website. Max Halloween assumes no liability or responsibility for any errors or omissions in the content of the Website.

Copyright

All content included in or made available through the Website, such as text, graphics, logos, icons, images, or videos is the property of Max Halloween or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Website is the exclusive property of Max Halloween and is protected by U.S. and international copyright laws.

The Website respects the rights of others, and the Max Halloween requires User to do the same. Max Halloween responds to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.

Reviews, Comments, Content, and Communications

Users may post product reviews and comments, or submit suggestions, ideas, comments, questions, or other information (collectively “Content”); so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties.  Product reviews and comments may not consist of or contain links to software viruses, political campaigning, commercial solicitation, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of submitted content. Max Halloween reserves the right (but not the obligation) to remove or edit such Content, but does not regularly review posted Content.

If you do post Content or submit material, and unless we indicate otherwise, you grant Max Halloween a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant Max Halloween and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Max Halloween for all claims resulting from Content you supply. Max Halloween has the right, but not the obligation, to monitor and edit or remove any activity or Content. Max Halloween takes no responsibility and assumes no liability for any Content posted by you or any third party.

Use of Website

As a further condition of use of the Website, User covenants to Max Halloween that User will not use the Website: (i) for any unlawful purpose; (ii) for any purpose that is prohibited by these Terms of Use; or (iii) in any manner that could damage, disable, overburden, or impair the Website or any of Max Halloween’s servers, or interfere with any other party’s use and enjoyment of the Website.

Third Party Websites and Information

The Website may link Users to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties (“Third Party Websites”). These Third Party Websites and third parties are not under Max Halloween’s control, and User acknowledges that Max Halloween is not responsible for the content of such Third Party Websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Third Party Website or third party, or any warranty of any kind, either express or implied. No Third Party Website is authorized to make any representations or warranties on behalf of Max Halloween.  User’s visit to any Third Party Websites is subject to the terms and conditions of such Third Party Websites, and not this Website’s Terms of Use. User should refer to each Third Party Website’s specific terms.

Limitation of Liability

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY MAX HALLOWEEN ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES OR REPRESENTATIONS, UNLESS OTHERWISE SPECIFIED IN WRITING.  MAX HALLOWEEN DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE.

IN NO EVENT SHALL MAX HALLOWEEN OR ANY OF ITS AFFILIATES BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND; ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, ANY MATERIAL OR  SERVICES MADE AVAILABLE BY, OR ON, THE WEBSITE OR OF ANY THIRD PARTY SITES REFERENCED OR LINKED TO FROM THE WEBSITE.

NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING MAX HALLOWEEN’S RESPONSIBILITIES AND OBLIGATIONS TO USERS IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS.

Compliance with Laws

The information made available on the Website and the publication of such information are subject to the laws and regulations of the United States. To the extent that the Website may be accessed from any foreign location, it is up to the User who connects him or herself to this website to abide by the laws of his or her country of residence or of connection. Access to the information contained on this Website from any foreign jurisdiction is made at the User’s own risk. Such person will bear any direct or indirect consequences ensuing from an infringement of the relevant legal and regulatory provisions.  The Website is in no way liable for any such infringement.

Indemnity

User will indemnify and hold Max Halloween, its affiliates and their subsidiaries, and its and their respective officers, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from User’s breach of these Terms of Use, User’s improper use of the Website, services, or tools, and/or User’s violation of any law or the rights of a third party.

Governing Law

This Website (excluding any linked websites) is controlled by Max Halloween from its headquarters within the state of Washington, USA. Thus, by accessing the Website users agree:  (a) that US Federal law and the laws of the State of Washington will govern this Agreement for all purposes, without regard to any principles of conflict of laws thereof and (b) that User submits to the exclusive personal jurisdiction and venue by any court of competent jurisdiction within the State of Washington with respect to such matters.

Site Policies, Modification, and Severability

Please review our other policies, such as our Purchase and Return Policy, posted on this site. These policies also govern your use of the Website. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter.  Max Hallowen may modify the Terms of Use at any time, and User will thereafter be  bound by the version of the Terms of Use that is in effect at the time User visits the Website.  Any use of the Website by User thereafter shall be deemed to constitute acceptance by User of the amendments.

LAST UPDATED: 4.13.17