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").
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.
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.
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:
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
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
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.
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;
unlawful, threatening, abusive, harassing, libelous, defamatory, obscene,
vulgar, pornographic, profane, sexually explicit or indecent or otherwise
offensive to human decency;
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;
links, advertising, chain letters or pyramid schemes of any kind;
Constitute or contain
false or misleading indications of identity, origin, endorsement or statements
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.
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
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.
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.
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
email@example.com 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
- 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.
Terms of Sale. The following section applies to the
purchase of any Squishable Products from the Sites.
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
- 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.
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
- 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.
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
- 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
- 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.
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 firstname.lastname@example.org.
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
- 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
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