Terms & Conditions
1. Commercial Transactions.
1.1 Purchases. Certain products are offered for sale through the Website. In the event you wish to purchase any of these products, you will be asked by Holmes Productions LLC or an authorized third party on Holmes Productions LLC’s behalf to supply certain PII, including without limitation, your full name, address and credit card information. You agree to provide Holmes Productions LLC or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of such product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
1.2 Payment. Your right to any product that is available for purchase through the Website is conditional on our receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order and/or suspend or terminate your account, in which case this Agreement and all of our obligations hereunder shall terminate.
1.3 Risk of Loss. All items purchased from us are made pursuant to a shipment contract entered into when you order products offered through the Website. The risk of loss and title to such products pass to you upon our delivery of such products to the shipping carrier.
1.4 Product Descriptions. We attempt to be as accurate as possible in describing products offered for purchase through the Website; however, we do not warrant that all such descriptions are correct, accurate, complete, reliable, current or error-free. If a product offered through the Website is not as described by us, your sole remedy is to return it unused as in accordance with Section 3.5.
1.5 Returns. If you have purchased a product offered through the Website that you wish to return to us, please email us at email@example.com
2. Intellectual Property.
2.1 Copyright. Except for Registrant Content, any Content appearing on the Website is the property of Holmes Productions LLC or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use.
2.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Holmes Productions LLC or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Holmes Productions LLC.
3. Links. Holmes Productions LLC and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Holmes Productions LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
4. DISCLAIMER OF WARRANTIES. REGISTRANTS AND VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE WEBSITE IS AT THEIR SOLE RISK. HOLMES PRODUCTIONS LLC MAKES NO GUARANTY AS TO THE ACCURACY, CORRECTNESS OR COMPLETENESS OF: (I) ANY CONTENT (INCLUDING WITHOUT LIMITATION REGISTRANT CONTENT AND PRODUCT DESCRIPTIONS AND/OR PRICING) APPEARING ON THE WEBSITE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT THEREOF; (II) ANY FAILURES, DELAYS OR INTERRUPTIONS WITH RESPECT TO THE ORDERING OF AND DELIVERY OF PRODUCTS ORDERED BY YOU; (III) LOSSES OR DAMAGES ARISING FROM THE USE OF CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE WEBSITE; (IV) ANY CONDUCT BY REGISTRANTS OR VISITORS; OR (V) ANY PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE. ALL PRODUCTS ORDERED THROUGH THE WEBSITE ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS”. EXCEPT AS EXPRESSLY PROVIDED HEREIN, HOLMES PRODUCTIONS LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, HOLMES PRODUCTIONS LLC DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION OF LIABILITY.
5.1 IN NO EVENT SHALL HOLMES PRODUCTIONS LLC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY PRODUCTS ACQUIRED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOLMES PRODUCTIONS LLC’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (I) THE CUMULATIVE AMOUNT PAID BY YOU FOR THE PRODUCTS ACQUIRED THROUGH THE WEBSITE BY YOU WHICH GIVE RISE TO YOUR CLAIM, OR (II) $100.
5.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 5 OR 6 HEREOF MAY NOT APPLY TO YOU.
5.3 Indemnification. You agree to indemnify, defend and hold Holmes Productions LLC harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Holmes Productions LLC be liable in any way for the accuracy, reliability, or quality of any User Content, and that each User shall hold Holmes Productions LLC harmless for (i) any errors or omissions in Content posted by such User, or (ii) any loss or damage of any kind incurred as a result of the use of Content posted by such User.
5.4 Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific products, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Holmes Productions LLC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
5.5 Commercial Use. You acknowledge and agree that the Website is for the personal use of Users and Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
5.7 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Holmes Productions LLC by this Agreement.
5.8 Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
5.9 General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Holmes Productions LLC, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
5.10 Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at firstname.lastname@example.org
This privacy notice discloses the privacy practices for www.puffsmerch.com This privacy notice applies solely to information collected by this website. It will notify you of the following:
- What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.