The Blowmold Central logo, WattsHappening
Newsletter, and Decorating You One Season At A Time are trademarks
and/or service marks of Blowmold Central. The Website, including
(but not limited to) text, description of products implemented at any
time, software, video, music, sound, graphics, photographs,
illustrations, artwork, names, logos, trademarks, service marks and
other material ("Content") is protected by copyrights, trade
marks and/or other proprietary rights. All other trademarks and/or
service marks used in the Website are the trademarks and/or service
marks of the respective owner(s). No Content contained on
the Website should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any trademark and/or service
mark displayed on the Website without the written permission of Blowmold
Central or the respective owner(s). You acknowledge that Blowmold
Central will aggressively enforce its intellectual property rights to
the fullest extent of the law, including, without limitation, the
seeking of criminal prosecution.
2. NO RELIANCE
Use of this Website is at user's sole risk. Neither
Blowmold Central, nor any of its officers, directors, or employees,
agents, third-party content providers, vendors, licensers, or the like,
warrant that this Website will be uninterrupted or error-free; nor
do they make any warranty as to the results that may be obtained from
the use of this Website, or as to the accuracy reliability or currency
of any information content, service, or merchandise provided through
this Website, and all information, including prices and availability, is
subject to change without prior notice to user.

3.
NO WARRANTY / LIMITATION
OF LIABILITY
NO WARRANTIES EXPRESS OR IMPLIED. Blowmold
Central is not a manufacturer. Manufacturers' warranties, including
warranties, if any, as to compliance with regulatory authorities, are solely
those of the manufacturers. BLOWMOLD CENTRAL ITSELF MAKES NO WARRANTIES
OF ANY KIND AND DISCLAIMS ALL EXPRESS WARRANTIES AND ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Blowmold
Central's liability, if any, for negligence or otherwise, is limited to return
of goods sold and refund of purchase price (less shipping, handling, and any
other applicable fees). This is the exclusive remedy and under no
circumstances is Blowmold Central liable for consequential damages.
Prices, including back-ordered items, are subject to change without notice, and
invoicing will be based on prices in effect at the time of shipment.
Products, prices and photographs are subject to change without notice.
Blowmold Central does not guarantee or give any warranty
as to the accuracy, timeliness or completeness of any information or
material on the Website. This Website, including any content and
information contained within it, any Website-related service, and any
product and/or service purchased or made available through the Website,
is provided "AS IS" without representations and warranties of
any kind.
Blowmold Central does not authorize anyone to make a
warranty of an kind on its behalf, and you may not rely on any such
statement of warranty.

4.
THIRD-PARTY
CONTENT
With respect to any third-party products or
services described or made available in connection with the Website, you
acknowledge that any warranty that is provided in connection with such
third-party products or services is provided solely by the third-party
provider of such products or services, and not by Blowmold Central, its
owners, its officers, its directors, its employees, its agents, or
website developers.
Blowmold Central disclaims all
representations and warranties regarding any non-Blowmold Central
website that you may be able to access through our Website; you
understand that Blowmold Central has no control over the content of such
non-Blowmold Central websites. You also acknowledge that your access to
and/or use of such non-Blowmold Central Websites and/or their related
products and/or their services may not be uninterrupted, error-free, or
secure. You assume total responsibility and risk for your use of this
Website, any other website accessible through this Website, and any
Website-related products or services. Your sole remedy for
dissatisfaction with the Website-related products and/or services and/or
content or information contained within the Website is to stop using the
Website and/or those products and/or services.
Blowmold Central, its owners, officers, directors,
sponsors, website developers, agents, employees, third-party suppliers
and licensors are neither responsible nor liable for any direct,
indirect, incidental, consequential, special, exemplary, punitive or
other damages under any contract, negligence, strict liability or other
theory arising out of or relating in any way to the Website,
website-related products, services and/or content or information
contained within the Website or linked to or from the Website.
In many instances, the content available through the
Website represents the opinions and judgments of the respective
information provider or Website user, or other user not under contract
with Blowmold Central. Blowmold Central neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or
statement made on the Website by anyone other than authorized Blowmold
Central employee spokespersons while acting in their official
capacities. Under no circumstances will Blowmold Central be liable for
any loss or damage caused by your reliance on information obtained
through the Website. It is your responsibility to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other
content available through the Website.

5. VOID
WHERE PROHIBITED
Blowmold Central currently ships within the United
States. Although this Website is accessible worldwide, not all
products and/or services discussed or referenced in the Website are
available to all persons or in all geographic locations or
jurisdictions. Blowmold Central reserves the right to limit, in its sole
discretion, the availability of the Website and/or the provision and
quantity of any product or service to any person, geographic area or
jurisdiction it so desires. Any offer for any product and/or service
made in connection with the Website is void where prohibited.

6.
INTERNET ETIQUETTE
While using the
Website or Website-related services, you agree not to:
-
Email,
letters and/or voicemail messages/comments/remarks which are rude,
vulgar, hostile and/or contain profanity or pornographic images will
not be tolerated nor given a response. Such behavior may
result in your identity being reported to the proper authorities;
-
Restrict or
inhibit any other user from using and enjoying the Website and
services;
-
Post or
transmit any unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene or otherwise objectionable or harmful
information or materials, or any information or materials that could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law;
-
Without
Blowmold Central's prior written approval, post or transmit any
advertising, promotion or solicitation of goods or services for
commercial purposes (including, without limitation, the solicitation
of users of the Website to become users of other online services
competitive with Blowmold Central);
-
Post or
transmit any information or software that contains a virus, worm,
trojan horse or other harmful or disruptive component;
-
Post or
transmit materials in violation of another party's copyright or
other intellectual property rights (you acknowledge that the burden
of determining whether any material posted or transmitted to the
Website by you is protected by a third party's copyright rests
solely with you);
-
Use the
Website for any commercial or unlawful purposes; or Modify, adapt,
sublicense, translate, sell, reverse engineer, decompile or
disassemble any portion of the Website.
Blowmold Central has no obligation to monitor the
Website or Website-related services. However, you acknowledge and agree
that Blowmold Central has the right to monitor the Website and
Website-related services without limitation, and to disclose to any
third party any information in order to operate the Website properly, to
protect itself and its customers and to comply with legal obligations or
governmental requests. Blowmold Central reserves the right to refuse to
post or to remove any information or materials, in whole or in part,
that are unacceptable, offensive or in violation of this Agreement.
Blowmold Central also reserves the right to
immediately terminate any individual's use of the Website and/or such
user's password(s) or account(s) in the event of any conduct by such
user which Blowmold Central, in its sole discretion, considers to be
unacceptable, or in the event of any breach by such user of this
Agreement. Such termination may occur without notice to the user.
You agree to indemnify, defend and hold harmless
Blowmold Central from and against any and all claims, damages, costs or
other expenses that arise directly or indirectly out of or from your
breach of this Agreement your activities in connection with the Website
or Website-related services.

7. PRIVACY
/ SECURITY
Blowmold Central respects your privacy and is serious
about protecting the privacy of each individual who visits and submits
information on our Website. We are committed to maintaining
confidentiality.
Blowmold Central will never sell, loan,
rent, trade, give away, or otherwise distribute your name, telephone
number, mailing address or email address, purchase history, or other
personal information to any other company or person. Please review
our Privacy & Security section.

8. PURCHASES
If you wish to make purchases of products and/or services
described on the Website, you may be asked to supply certain information
including but not limited to credit card or other payment information.
You understand that any such information will be treated by Blowmold
Central in the manner described in its Privacy Policy. You agree that
all such information you provide will be true, accurate, complete and
current. You agree to pay all charges incurred by users of your account
and credit card or other payment mechanism at the prices in effect when
such charges are incurred. You will also be responsible for paying any
applicable taxes relating to your purchase(s). You will also be
responsible for paying any applicable fees incurred as a result of your
order (correction fee, etc.). Moreover, you agree to review and to
comply with the terms and conditions of any specific agreement that you
enter into with any merchant and/or service provider in connection with
the licensing or purchase of any product and/or service. Please
review our Ordering Information, Guarantee and Return Policy sections.
Information provided to operators of Linked Websites
will not be subject to the Blowmold Central Privacy Policy. It is your
responsibility to determine the privacy policies, if any, of such Linked
Websites.

9. SUBMISSIONS
You acknowledge and agree that, by submitting any text,
images, data, or other materials ("Content") to Blowmold
Central, you grant to Blowmold Central a royalty-free, perpetual,
irrevocable, non-exclusive, worldwide right and license to link to, use,
reproduce, transmit, modify, adapt, publish, display, distribute,
translate, and sublicense such material (in whole or in part) 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 material. Further, by submitting Content to Blowmold Central,
you acknowledge that you have the authority to grant such rights to
Blowmold Central. The foregoing provisions regarding Content are for the
benefit of Blowmold Central, its subsidiaries, and its third party
content providers and licensors, and each shall have the right to assert
and enforce those provisions directly or on its own behalf.

10. SECURE
AREA & PASSWORD USAGE
Use of any password-protected area of the Website is
restricted to the individual who has been given permission and a
password to enter such area (the "Authorized Party"). The
password cannot be distributed to others, and the Authorized Party is
responsible for any and all damages to Blowmold Central resulting from
the distribution of his or her password. If more than one individual
wishes to use a single password belonging to an Authorized Party, such
Authorized Party must request permission from Blowmold Central in
writing, it being understood that Blowmold Central shall be under no
obligation to approve any such request.

11. COMMENTS
Any comments, data, suggestions, or materials
("Feedback") sent to Blowmold Central, shall be deemed to be
non-confidential. Blowmold Central shall have no obligation of any kind
with respect to such Feedback and shall be free to reproduce, use,
disclose, exhibit, display, transform, create derivative works and
distribute the Feedback to others without limitation. Further, Blowmold
Central shall be free to use any ideas, concepts, know-how or techniques
contained in such Feedback for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products
incorporating such Feedback.

12. MODIFICATIONS
Blowmold Central shall have the right at any time to (a)
change the terms of this Agreement, (b) change the Website, including
eliminating or discontinuing any content or feature of the Website,
restricting the hours of availability, or limiting the amount of use
permitted, or (c) change any fees or charges for use of the Website,
including instituting new or increased fees or charges for the use of
the Website or any other Website-related services or any feature
thereof. Such changes, modifications, additions, or deletions shall be
effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on the Website, or by electronic
mail, or by conventional mail. Your use of the Website after such notice
shall be deemed to constitute your acceptance of such changes,
modifications, additions, or deletions. You are expected to review this
Agreement periodically to ensure familiarity with the most current
version.

13.
MISCELLANEOUS
This Agreement is entered into in the State of New York
and shall be governed by and construed in accordance with the laws of
the State of New York, exclusive of its choice of law rules. Each party
to this Agreement submits to the exclusive jurisdiction of the state and
federal courts sitting in the City of Albany, in the State of New York,
and waives any jurisdictional, venue or inconvenient forum objections to
such courts. In any action to enforce this Agreement, the prevailing
party will be entitled to costs and attorneys' fees. In the event that
any of the provisions of this Agreement are held by a court or other
tribunal of competent jurisdiction to be unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary so that
this Agreement shall otherwise remain in full force and effect and
enforceable.
This Agreement constitutes the entire agreement
between the parties hereto pertaining to the subject matter hereof, and
any and all prior or contemporaneous written or oral agreements existing
between the parties hereto are expressly canceled. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. Any heading, caption,
or paragraph title contained in this Agreement is inserted only as a
matter of convenience and in no way defines or explains any paragraph or
provision hereof.
