Last Updated/Effective Date: March 6, 2023
These Terms and Conditions (the "Terms") govern your use of this website, our mobile applications or website, and any other linked and related pages (collectively, the "Sites"), as well as the offer and sale of products available for purchase on the Sites ("Product") by Squishable.com, Inc. ("Squishable," "we," "us," or "our").
BY ACCESSING OR USING THE SITE, YOU ("YOU") AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.
1. Use of the Site. The Sites are only for the personal use of individuals 18 years of age or older who reside in the United States. By accessing the Sites, you agree that you will:
- Provide accurate, current, and complete information about you as may be prompted by any forms for the Sites ("Personal Information").
- Keep any password or other account information which permits access to the Sites or any part of the Sites strictly confidential and shall not divulge it to any third party.
- Not use the Sites for any unauthorized use including, but not limited to, unauthorized entry, misuse of passwords or misuse of any other information.
- Not delete or alter, in part or in whole, any copyright, trademark, audio, images, software, text, artwork, video clips or any other materials (the "Content") from any part of the Sites.
- Not copy, perform, publish, transfer, create derivate works from distribute, exchange, modify, sell, transmit or otherwise commercially exploit or use any Content from the Site, for any purpose other than personal use, including but not limited to any business, commercial, or public purpose.
- Only access the Sites and their Content for your own internal non-commercial use only.
- Not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party's access to or use of the Sites.
- Not attempt to gain unauthorized access to the Sites, computer systems or networks connected to the Sites, through hacking, password mining or any other means.
- Not use the Sites or networks connected to them to commit or encourage a criminal offense, to insert, transmit or distribute viruses or corrupt data, whether to the Sites or otherwise, or to send any unsolicited advertisement or other promotional material or "spam".
- Not engage in any activities related to the Sites that are contrary to applicable laws, rules or regulations.
- Not use the Sites for any purpose that is unlawful or prohibited by these Terms.
- As long as you comply with these Terms, Squishable grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Sites and Services (defined below). You agree not to interrupt or attempt to interrupt the operation of the Sites or any Services offered through the Sites in any way. Notwithstanding anything to the contrary, Squishable reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Site or Services offered through the Sites. You understand and agree that we may do so without any liability whatsoever.
2. Content of the Site
- We may, from time to time, make newsletters, messaging services, chat services, bulletin boards, message boards, blogs, other forums, new product updates and other such services available on or through the Sites (the "Services"). In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Sites or any of the Services, any materials which: Restrict or inhibit any other user from using and enjoying the Sites or the Services;
- Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, sexually explicit or indecent or otherwise offensive to human decency;
- Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
- Violate or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- Contain a virus, spyware, malware or other harmful component;
- Contain embedded links, advertising, chain letters or pyramid schemes of any kind;
- Constitute or contain false or misleading indications of identity, origin, endorsement or statements of fact.
3. Creating an Account. In order to make Your Product available through the Sites and receive Your Payment, you must create an account ("Account").
- When creating an Account, Squishable may ask you to provide certain personal information, create a username and password for the Account, and provide other information, including information pertaining to Your Likeness and Content.
- By using the Sites and creating an Account, you agree to (a) only provide accurate, current, and complete information; (b) maintain and update the information you provide to Squishable, as necessary; (c) maintain the security of your login credentials to your Account and accept all risks of unauthorized access to your Account; and (d) immediately notify Squishable if you discover or otherwise suspect any security breaches related to your Account or the Sites. You acknowledge and agree that Squishable is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Account.
4. User Submissions/Voting. The Sites offer interactive features that allow users to submit content. The ideas, suggestions, opinions, comments, and observations made by Squishable users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by Squishable, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Sites. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Sites are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. By posting a User Submission, you unconditionally grant all worldwide intellectual property ownership rights in or relating to the User Submission to Squishable. Squishable can use User Submissions, and the ideas contained therein, for any purpose and in any way. Apart from Design Contests (see below), Squishable does not solicit ideas for new products, services, technologies, marketing campaigns, new lines of business or product names. Any such unsolicited ideas, whether made through the Website or through any other method of communication, will be treated as a User Submission and become the property of Squishable, without compensation to you. Squishable expressly disclaims any and all liability in connection with User Submissions. Squishable reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Squishable also reserves the right to terminate a user's access to the Sites at any time in its sole discretion and without prior notice.
Certain sections of the Sites may allow you to vote in contests and surveys for entertainment purposes. Squishable reserves the right to cancel, subtract or otherwise invalidate votes it suspects were submitted in violation of these Terms, or if Squishable suspects for any reason that one or more individuals created more than one account per individual for voting purposes. Squishable reserves the right to, with or without an explanation or cause, end any vote at any time or reset vote totals. The results of any contest or survey on the Sites do not convey or create any rights of property, contract or specific performance on or to any participant, contest entrant or user and are exclusively for entertainment purposes.
purchase is necessary to participate in any contest operated by Squishable. If
you submit artwork to Squishable (hereinafter the "Design") as part
of a contest (such as Project Open Squish) or other solicitation of User
Submitted designs, you acknowledge that you assign to us the entire right,
title, and interest in and to the copyright in your Design including the right
to sue for past infringement and the right to further sublicense the Design.
You also acknowledge that you waive all "moral" rights that you may
have in and to your Design. If a Design you submit is selected, Squishable may
use the Design in any manner on or in connection with the Items, including but
not limited to: producing products based on the Design, selling Products
bearing images of the Design, changing or reworking the Design by making color
or size changes, making derivative works of the Design, using the Design on the
Squishable Website and on promotional material for Squishable, licensing the
Design to a third party for any reason and registering the Design with the US
Copyright Office in the name of Squishable.com, Inc. as the Claimant. You agree
to provide Squishable with minimal information as may be required in order to
register the copyright in the Design if Squishable so requests, at no cost. If
a Design you submit is selected, you may not use the Design (or derivatives of
the Design) or allow others to use the Design (or derivatives of the Design) as
described above. In addition, by submitting a Design, you may not reproduce,
sell, or submit the Design to others for any commercial purpose.
By submitting a Design, you represent that you are 18 years of age or older and are able to enter into legally binding contracts in your jurisdiction and the Design you are assigning to Squishable is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which Squishable in its sole discretion, deems to be profane or offensive. You also agree to indemnify and hold harmless Squishable against any legal action arising from any legal action brought against Squishable for copyright or trademark infringement involving the Design. You acknowledge that Squishable reserves the right modify the Design or to decline to select a Design for consideration for any reason, at its sole discretion.
If a Design you submit is selected for use, Squishable will attempt to make a physical prototype of the Design, but reserves the right to refrain from manufacturing the Design into a Squishable product available for sale to the public. If a Design you submit is selected for use by Squishable to make a 15" Squishable or large Comfort Food prototype, you will receive: a $500 check and a $100 Gift Certificate, good for use on the Sites. If a Design you submit is selected for use by Squishable to make a Mini or Micro Squishable prototype, you will receive: a $250 check and a $50 Gift Certificate, good for use on the Sites. If Squishable manufactures the prototype in more than one size, you will receive the check corresponding to the size produced for each size after the first. If the Design you submit is used in advertisements, sales materials, store displays, digital images or any other derivative work based on your design that is not a plush, you are not entitled to an additional payment. Payment will be sent within ninety (90) days after Squishable notifies you that the Design you submitted has been selected for production. You alone will be responsible for the payment of any tax that arises as a result of receiving payment from Squishable. In order to receive payment, U.S. persons must be able to furnish an IRS Form I-9. Pursuant to applicable U.S. law, payments under these terms will not be made to persons who are prohibited from receiving such payments.
Participants, who in the opinion of Squishable, do not comply with these Design Submission Legal Terms and Conditions, or for any other reason at Squishable's sole discretion, can at any time be excluded from consideration without notice. The decision of whether or not to feature a Design in a contest is solely at the Squishable's discretion. The decisions of Squishable are final and binding.
6. Ownership. The Site contains Content owned by or licensed to Squishable ("Squishable Content"). Squishable owns and retains all rights in the Squishable Content, including all intellectual property rights. Squishable hereby grants you a limited, revocable, non-sublicensable license to reproduce and display Squishable Content (excluding any software code) solely for your personal, non-commercial use to view the Sites and otherwise as necessary to use the Services. Except as expressly permitted by these Terms, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, Squishable Content. You shall not remove any copyright or trademark notices or other notices that accompany it. Except as set forth above, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Squishable or any third party. All licenses not expressly granted by Squishable are reserved. You acquire only the right to use and access the Services, Squishable Content and Sites pursuant to these Terms, and you do not acquire any ownership rights or title in or to the Services, Squishable Content or the Sites. "Squishable Inc.," and all Squishable product and service names, are trademarks or service marks of Squishable or its affiliates (collectively, the "Marks"). All copyright-protected graphic images including, but not limited to, photographs and other visual depictions of Squishable Products ("Images") are owned by Squishable or its affiliates. Except as otherwise permitted in these Terms, no right or license to use the Marks or Images is granted under this Agreement. You have no rights, title, or interest in or to the Marks or the Images and you shall not adopt, use, or attempt to register any of the Marks or Images.
7. Digital Millennium Copyright Act Takedowns. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, or other proprietary materials without obtaining the prior written consent of the owner of the rights to such material. We reserve the right to deny you access to the Site or the Services if you are alleged to infringe another party's intellectual property rights including, but not limited to, rights of copyright and trademark. Without limiting the foregoing, if you believe that your rights of copyright have been infringed, please contact us at firstname.lastname@example.org and include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the location on the Site of the material that you claim is infringing;
- The address, telephone number, and e-mail address of the person authorized to act on behalf of the copyright owner;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
8. Terms of Sale. The following section applies to the purchase of any Squishable Products from the Sites.
Descriptions of Products and Services
- We strive to provide complete, accurate and up-to-date descriptions and visual representations of all Products displayed on the Sites. We make no representation or warranty whatsoever as to the reliability, accuracy, timeliness, usefulness or completeness of any information or graphic images on the Site or available through the Services. The Sites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.
- There may be some variations between the color of Products as shown on our Sites and the actual color of the Product. This is because computer monitors display colors differently and everyone may see colors differently. We strive to ensure our photos are as life-like as possible, but please understand the actual color of the Product may vary slightly from your monitor. We cannot guarantee that the color you see accurately portrays the true color of the Product.
Availability of Products and Service
- Our Products offered on the Sites may not be available or accessible in your particular state or locality. We make no representation or warranty that any specific Product will be available at any time in your particular location.
- Furthermore, Squishable reserves the right to alter, modify, add or discontinue completely any of the Products or Services, temporarily or permanently, at any time, in its sole discretion, without notice and without liability.
Your Representations to Us
- The products offered for sale and sold through the Sites are intended for your personal use only and not for resale. By placing an order through the Sites, you warrant that you are purchasing the Product(s) only for personal use. We, in our sole discretion, reserve the right to refuse to fill any orders which we believe are intended for resale.
- Subject to availability, orders can be placed online directly through our Sites or at a store. Although we make every effort to keep sufficient stock of items listed on our Sites, occasionally we do sell out of certain styles. If an item that you ordered is out of stock, we will notify you via e-mail.
Pricing and Payment
- Prices displayed on the Sites are quoted in U.S. dollars and are exclusive of sales tax. Sales tax may be automatically calculated and added to your order during checkout based on the state the ordered Products are being shipped to.
- You agree that the risk of loss or damage to products you order passes to you on shipment of the Products, provided that we have received payment in full for the Products. However, if there is an issue with receipt of a Product from a shipping carrier, we will use best efforts to address the situation.
- We will provide the conditions of use relating to any discount or promotion code at the time of issue. Despite our best efforts, there may be cases where items on the site may be mispriced or coupon discounts may be applied incorrectly. If an item's correct price is higher than our stated price or a coupon error occurs, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Order Processing and Delivery
- If your pre-order a Product from us, please note that product arrival dates and estimates and are not guaranteed. We will inform you if for any reason your order fulfillment is delayed or cannot be completed. For preorders only, your payment method will be charged in full only once your order is shipped to you.
- Orders will be processed and delivered Monday through Friday, excluding holidays. Order processing time begins 48-72 business hours after an order has been submitted. All orders are subject to review, and Squishable reserves the right to request additional identification, billing and shipping information. The billing information provided must be able to be verified and must match what your bank has on file. If the info you entered does not match what your card issuer was attempting to verify, it might create a pre-authorization on your card. When you place an order on our website, we will only charge your payment method once we have verified your payment details, received authorization, confirmed stock availability, and your order is ready to be shipped.
- All orders will be calculated with applicable shipping fees. Some orders that meet stated thresholds will have free shipping. Squishable assumes no responsibility after a package has been confirmed as delivered by the applicable shipping carrier. Once you have received your order, if you are not completely satisfied or if there is a discrepancy with your order, please retain all documentation and packaging and contact us immediately by sending an email to email@example.com.
Return and Refunds Policy
- Our Return Policy governs purchases made through our Sites. You can return your squishable within 30 days of purchase. We strongly advise all customers to check merchandise thoroughly upon delivery. Please make sure your Squishable is in original condition otherwise we will not accept the return.
- To request a return, please fill out a request form located at https://www.squishable.com/mm5/merchant.mvc?Screen=CTUS. Once we receive your email, we will review and send you a confirmation email. If your return has been approved, you will receive an email with additional return instructions. If your return is related to a damaged or defective product, you have received a shipping label from us. Otherwise, you are responsible for your own shipping and insurance for return packages. Squishable reserves the right to refuse any return or exchange on merchandise that does not meet the above requirements. If your package is not accepted, it will be sent back to you and a refund will not be granted. Additionally, we will not assume responsibility for reimbursement or compensation in the event a return package is lost, stolen or mishandled. Please keep all tracking details for your records.
9. Right to Modify. We reserve the right to add to, change, remove or otherwise modify any part of these Terms at any time, without notice. Any changes to these Terms will be effective immediately upon posting of the updated Terms to this webpage. Continuing to use the Sites after any changes are posted constitutes your acceptance of and agreement to be bound by any changes. Furthermore, Squishable may add, change, discontinue, remove, modify or suspend any other Content, Services, or Products posted on the Sites, temporarily or permanently, at any time, without notice and without liability.
10. Disclaimer of Warranties and Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITES, SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SQUISHABLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, SQUISHABLE DOES NOT WARRANT THAT THE SITES, SERVICES, CONTENT AND PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE ACCURATE OR COMPLETE, THAT THE USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, ERROR FREE OR SECURE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE, SERVICES, OR CONTENT WILL BE CORRECTED, OR THAT THE SITE, SERVICES OR CONTENT WILL BE VIRUS FREE.
11. Limitation of Liability .
TO THE FULLEST EXTENT UNDER APPLICABLE LAW, SQUISHABLE'S TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER OR RELATED TO THESE TERMS AND THE SERVICES PROVIDED IS LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING ONE HUNDRED ($100) US DOLLARS. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. IN NO EVENT WILL SQUISHABLE, ITS AGENTS OR SERVICE PROVIDERS, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES THAT RESULT FROM (I) THE USE OR MISUSE OF THE SITES, SERVICES OR PRODUCTS; (II) THE INABILITY TO USE THE SITES OR SERVICES; OR (III) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE SITES OR SERVICES, WHETHER SUCH CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SQUISHABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
12. General Provisions. These Terms and any
additional terms posted on the Sites together constitute the entire agreement
between Squishable and you with respect to your use of the Sites and the
Services as well as your purchase of our Products. Our failure to insist upon
or enforce strict performance of any provision of these Terms shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of
these Terms. Squishable may assign its rights and duties under these Terms to
any party at any time without notice to you.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York without giving effect to any principles that provide for the application of the law of another jurisdiction.
13. Dispute Resolution. Any dispute that you may have with us regarding the Sites or the Products will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You agree that any arbitration shall be limited to the dispute between you and us individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If for any reason, a dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the state and federal courts located in New York and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. To the extent permitted by law, in no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.
14. Privacy And Security. Data collection and use, including the collection and use of personal information, is governed by our Privacy Notice. You shall be solely responsible for the security, confidentiality and integrity of all information that you receive, transmit through or store on the Services. You understand that we cannot and do not guarantee or warrant that file available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. You shall be solely responsible for any authorized or unauthorized access and use of your account by any person. You have the affirmative responsibility to monitor and control access to your account information.
15. Contact Us. Please report any violations of the Terms, including objectionable User Submissions or behavior, to firstname.lastname@example.org.