Effective Date: April 18, 2018.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE SERVICE. BY USING THE SERVICE, OR BY ACCEPTING DELIVERY OF THE PRODUCTS OR SERVICES DESCRIBED IN LAIKA'S DOCUMENTATION, IF ANY, YOU AGREE THAT THE TERMS APPLY TO AND GOVERN YOUR USE OF THE SERVICE. THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
1. Agreement to Terms. You may not use the Service unless you are at least thirteen (13) years old. By accessing, visiting and/or using the Service, or by making a purchase, placing an order or otherwise shopping on the Service, or by submitting any Transmissions through the Service, you, the user: (a) acknowledge that you have read and understand these Terms; and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Service, place an order on the Service, or submit any Transmissions though the Service. Laika may change these Terms at any time by posting the change to the Service. Please check these Terms periodically for changes. Your access or use of the Service after these Terms have been changed will mean that you agree to be bound by those changes, except that the Terms posted on this Service at the time you initially place an order for purchase of goods or services will govern the order in question. The date these Terms were last modified is set forth at the beginning of these Terms.
2. Intellectual Property Infringement Claims. Laika will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively, "Intellectual Property Law"). If you own the copyright of any works displayed on the Service, or are the agent of the copyright owner, and believe the Service violates your Copyright, please provide the Laika copyright agent with a notice (a "Copyright Notice") that includes the following information: (a) a description of the copyrighted work that you believe has been infringed and enough information that will allow Laika to locate that work (e.g., the URL where that work is posted or the author and name of the book in which that work was originally published); (b) the location on the Service of the work that you believe infringes the copyright owner's work and that you are asking Laika to remove from the Service; (c) enough information to contact you such as your name, address, telephone number and email address, and if different, the name, address, telephone number and email address of the copyright owner; (d) a statement that you have a good faith belief that Laika's use of the copyrighted work in the described manner is not authorized by the copyright owner, its agent or applicable law; (e) a statement that, under penalty of perjury, all information in your Copyright Notice is accurate and that you are the copyright owner or authorized agent of the copyright owner; and (f) your signature (either electronic or physical). Upon receipt of a Copyright Notice that contains the information described in Section 2(a) through (f), Laika will act to promptly evaluate your claim of infringements and will take whatever action is required by the applicable Intellectual Property Law, which may include removing or disabling access to any infringing works. Send Copyright Notices to Laika's copyright agent at:
c/o LAIKA, LLC.
Attention: LAIKA Legal
6750 NE Bennett Street, Hillsboro, OR 97124
Please include the word "copyright" in the subject line for each Copyright Notice sent via email or regular mail. Only Copyright Notices should be sent to Laika's copyright agent.
Send all other questions and comments to email@example.com.
3. Security Rules. You agree not to violate or attempt to violate the security of the Service, including without limitation: (a) accessing data that is not intended for your use; (b) using any other person's username or password or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Service without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
4. Restriction on Use of Materials. The materials that are included in or displayed on the Service, including without limitation images, illustrations, designs, icons, photographs, audio and video clips, text, logos, the HTML code for the Service, and other materials (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or licensed by Laika. Without Laika's prior written permission, you may not (a) use the Materials on any other website or in any advertising or publicity or for any purpose; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices.
5. Trademarks and Service Marks. LAIKA®, LAIKA ENTERTAINMENT®, LAIKA ANIMATION, LAIKAHOUSE®, PARANORMAN®, CORALINE®, THE BOXTROLLS, CLAYMATION®, and the LAIKA "spiral" or "shout!" design logo are trademarks and service marks of Laika. All other marks and logos that appear throughout the Service belong to Laika or to others and are protected by United States and international copyright and trademark laws.
Any use of any marks appearing in the Service, without the express written permission of Laika, is strictly prohibited.
6. Your Participation in and Postings on Forums.
6.1. Discussion Groups and Social Networking Services. "Forum" means a discussion group, chat area, social networking service or any other bulletin board or email function provided by the Service in which visitors post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in this Section 6.
6.2. Registration Information. If you are required to register in order to participate in a Forum, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or choose a username that suggests you are, or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation.
6.4. Member Profiles. Unless you choose to make your profile available to both members and visitors to a Forum, if possible, your profile will be displayed only to other members of that Forum. Do not give out to others, or display, in any Forum any information that you do not want made public. Disclosure of your full name, email address, street address, phone number or password creates safety risks and may result in unsolicited communications.
6.5. Monitoring. The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. Laika does not represent or warrant the reliability, accuracy or truthfulness of that content. Although Laika is not obligated to do so, it may monitor. Transmissions posted on the Forums. Because Laika does not monitor Transmissions on a constant, realtime basis, please report any objectionable postings to us at firstname.lastname@example.org.
7. Nature of Information Provided by Laika. The information contained on the Service has been collected and/or prepared by Laika as a service to its visitors. While Laika has used reasonable efforts to verify that the information on the Service is useful to its visitors, Laika does not warrant or guaranty its accuracy or timeliness. You agree not to disclose or otherwise make public any communications Laika sends you.
8. Purchase of Goods or Services.
8.1. General. These Terms constitute the entire agreement between you and Laika relating to the offer or sale of products or services on this Service. You consent to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.
8.2. Shipments; Risk of Loss. All purchases from this Service are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Service pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You will be responsible for all shipping and related charges.
8.3. Pricing; Availability; Refunds. All pricing is subject to change. Laika reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Product orders are fulfilled by Amazon. For questions or refunds, please contact Amazon’s customer support. Amazon’s terms, conditions and policies, and not ours, apply and we do not handle returns or refund requests for purchases.
9. General Disclaimers of Warranties. All information and other Material, whether included in directory, or in any page of the Service, as well as all products and services offered on this Service, if any, is provided "AS IS" and without warranties of any kind, either express or implied. In purchasing products or services, you are not relying on any statements, specifications, or other illustrations representing the products or services that may be provided by Laika. To the maximum extent permitted by applicable law, LAIKA DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LAIKA DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE, ANY MATERIALS, OR ANY SERVER(S) USED BY LAIKA ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. LAIKA DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, CORRECTNESS, ACCURACY, RELIABILITY OR TRUTHFULNESS OF THE SERVICE, ANY MATERIALS OR ANY WEBSITES LINKED TO OR FROM THE SERVICE.
10. Ads, Directory and Linking Disclaimers and Warning. Laika may sell advertising space to third parties that provide goods and/or services ("Advertisers"), and the Service may include links to websites owned and operated by others ("Third Party Websites"). The directory listings, ads, and Third Party Websites are generally created and owned by Advertisers or other parties, and are the responsibility of those persons and not of Laika. Consequently, Laika cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any ads, directory listings or Third Party Websites. Although Laika may periodically attempt to verify the accuracy of ads, directory listings and Third Party Websites, Laika will not be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the ads, the directory listings or the Third Party Websites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any directories and ads included in the Service and in any Third Party Websites. You bear all risk associated with the information in the Service, including all ads, directory listings, and Third Party Websites, and your use of any such information is subject in all respects to these Terms. Laika reserves the right to terminate any links to other websites without notice.
a. E-mails: You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us email@example.com with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Laika’s ongoing business relations.
b. Text Messages and Calls: We may send you reoccurring text messages and calls (including prerecorded and/or by autodialer) to the phone number you provide for transactional and direct marketing purposes. You understand that your consent is not required as a condition of purchase, and that you can opt-out of receiving text messages or calls from us at any time by: (i) for text messages, texting “STOP” in response to any text message you receive from us or contacting us here and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us here and specifying you want to opt-out of calls. For text messages, you can also text “HELP” at any time for more information. You understand that you may receive a text message confirming any opt-out by you. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phone and/or carriers are supported. Contact your carrier for further details.
Please note that any opt-out by you is limited to the e-mail address, device, or phone number used and will not affect subsequent subscriptions.
12. Limitation of Liability; Release and Indemnity. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL LAIKA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE SERVICE, THE MATERIALS, OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THE SERVICE; INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THE MATERIALS, OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THE SERVICE, EVEN IF LAIKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOUR USE OF THE SERVICE, THE MATERIALS, OR THE TRANSMISSIONS RESULTS IN THE NEED FOR SERVICE, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COST RELATED TO THAT SERVICE, REPAIR AND CORRECTION. YOU RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST LAIKA ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, THE MATERIALS, OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THE SERVICE. YOU ALSO AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LAIKA FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEY FEES PRIOR TO AND AT ANY TRIAL OR ARBITRATION PROCEEDING, AND IN ANY POST JUDGMENT PROCEEDINGS, ARISING FROM YOUR IN CONNECTION WITH YOUR USE OF THE SERVICE, THE MATERIALS, OR THE TRANSMISSIONS, OR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THE SERVICE, OR FAILURE TO ABIDE BY THESE TERMS OR APPLICABLE LAW. YOU THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, IN NO EVENT SHALL LAIKA OR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY YOU FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
Laika will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
13. No License. Except as expressly provided otherwise in these Terms, nothing in the Service, including these Terms, grants, by implication, estoppel or otherwise, any license or right to use any Materials or Transmissions without the prior written permission of the owner of the Materials or Transmissions.
14. Taxes. You, the user, will be responsible for, and will indemnify and hold Laika harmless from, all sales and other taxes associated with any goods you purchase through the Service.
15. United States Government Restricted Rights. The Materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Materials by the United States Government constitutes its acknowledgment of Laika's proprietary rights in them.
17. Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and the Service will be governed by the internal laws of the State of Oregon without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or the Service be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods. These Terms give you specific legal rights, and you may also have other rights which vary from state to state.
18. Jurisdiction. The Service is controlled and operated from Laika's offices within the State of Oregon. If any claim, dispute or controversy is not subject to binding arbitration as provided in the preceding section, you agree that the exclusive jurisdiction for such claim, dispute or controversy relating to the Service, including these Terms, will be the state and federal courts located in Portland, Oregon, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Portland, Oregon is an inconvenient forum.
19. Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
20. Separate Agreements. If any provision of these Terms is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.
21. Entire Agreement. This is the entire agreement between you and Laika relating to the subject matter of these Terms. Except as expressly provided in Section 1, these Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Laika.
22. Other Terms and Conditions. These Terms apply to all uses of the Service unless you and Laika have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.
23. Notices, Questions, Communications, Customer Support. If you wish to contact Laika, please direct all inquiries (except for claims of copyright infringement) to firstname.lastname@example.org or telephone Laika at 503-906-5497. You acknowledge that the provision of support is at Laika’s sole discretion and that we have no obligation to provide you with customer support of any kind.