Terms & Conditions
Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Out of the Box Puppets. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Out of the Box Puppets. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Out of the Box Puppets. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
At the time of delivery of the Puppet (Work), customer is provided perpetual, royalty-free non-exclusive license to display the Work publicly. Customer may therefore display the Work for the duration of Out of the Box Puppets' copyright therein, without payment of additional fees, but may not exercise any other copyrights not expressly provided herein. Customer has no exclusive rights to display. Should the parties terminate this Agreement before delivery, no copyrights shall be licensed.
Out of the Box Puppets' right to use Work: Out of the Box Puppets has unlimited use of the Work and may non-exclusively license the work to others and may exercise all rights itself..
Sole or Exclusive License
Please contact us for more information.
All sales are final unless product is defective. Please contact us with in 15 days of delivery for return and repair approval for defective product.
Fabric & Supplies Returns (Non Puppet)
All sales are final unless item is defective. For defective items please call immediately, within 24-36hrs for authorization to return. Items must be returned in the condition you received them. Fabric must be uncut. Do not pack returns in newspaper. Items must be returned to Out of the Box Puppets within 15 days of receipt for replacement. Once we receive the returned product a replacement product will be shipped by UPS regular Ground or USPS Priority. If faster shipping is needed you will be responsible for additional shipping costs. If replacement product needs to be shipped before we receive the original return, you will be charged for the new shipment. Once we receive the returned original product we will refund the product cost as well as shipping on the original invoice.
All trademarks, service marks and trade names of Out of the Box Puppets used in the site are trademarks or registered trademarks of Out of the Box Puppets.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Out of the Box Puppets disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Out of the Box Puppets does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Out of the Box Puppets does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. The products on our site are not toys. They are not intended for use or purchase under the age of 13.
Limitation of Liability
Out of the Box Puppets shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Out of the Box Puppets has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that an Out of the Box Puppets product is mistakenly listed at an incorrect price, Out of the Box Puppets reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Out of the Box Puppets reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Out of the Box Puppets shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Out of the Box Puppets without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Out of the Box puppets may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Out of the Box Puppets.
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Out of the Box Puppets products) shall be in the state or federal courts located in Harris County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Out of the Box Puppets products) must be commenced within one (1) year after the claim or cause of action arises. Out of the Box Puppets' failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 of these terms and conditions. Out of the Box puppets may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree to indemnify, defend, and hold harmless Out of the Box puppets, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Out of the Box Puppets may link to sites operated by third parties. However, even if the third party is affiliated with Out of the Box Puppets, Out of the Box Puppets has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Out of the Box Puppets. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Out of the Box Puppets seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).