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Last Updated: July 29, 2026
PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO ACCESS, BROWSE, OR USE THIS SITE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING SPIRIT’S LIABILITY, WAIVING THE RIGHT TO A JURY TRIAL, AND REQUIRING THE RESOLUTION OF DISPUTES ON AN INDVIDIAUL, NON-CLASS BASIS. SEE SECTION 21.
These Terms of Service (“Terms”) set forth a legally binding agreement between you and Spirit Halloween Superstores LLC (“Spirit”, “we”, “us”) and govern your use of www.spirithalloween.com, your use of interactive features, widgets, plug-ins, applications, content, downloads, and/or other services that we own and control and make available through www.spirithalloween.com (collectively, the “Site”), and online transactions for products or preorders (collectively, “Orders”) initiated or completed on the Site. The Site and the Orders are collectively referred to as the “Service.” By using the Service, you acknowledge and accept these Terms, including the dispute resolution terms in Section 21.
Additional or different terms and/or conditions may apply to your use of the Service or to a service or product offered via the Site (in each such instance, and collectively “Additional Terms”). If you do not wish to be bound by these Terms, and any applicable Additional Terms, do not use the Service.
These Terms are subject to change without notice. When such a change is made, we will update the “Last Updated” date at the top of this page. Your use of the Service following any such change constitutes your agreement to follow and be bound by the updated Terms.
By using the Service, you represent and warrant that you have read and understood, and agree to be bound by these Terms and Spirit’s Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy is available at https://www.spirithalloween.com/content.jsp?pageName=SecPriv.
A. Content. The Site may contain (a) materials and other items relating to Spirit and its services including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Site such as the selection, compilation, assembly, arrangement, and enhancement of the Site; (b) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Spirit; and (c) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Content available via the Site is the property of Spirit, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
B. Limited License. Subject to your strict compliance with these Terms, Spirit grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Content on a personal device, and retain one copy of the Content as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content, which may be immediately suspended or terminated for any reason, in Spirit’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
C. Reservation of All Rights. All rights not expressly granted to you are reserved by Spirit and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Site for any purpose is prohibited.
D. Site Content Accuracy. Spirit will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Spirit reserves the right to correct any errors and to update Site information at any time.
E. Availability of Site and Content. Spirit may immediately suspend or terminate the availability of the Site and Content (and any elements and features related thereto), in whole or in part, for any reason, in Spirit’s sole discretion, and without advance notice or liability.
F. Creating and Accessing an Account on the Site. When you register for an account on the Site, and each time you log in to the Site thereafter, you agree:
If you are under the age of majority in your jurisdiction, then you are not permitted to register as a user. We may reject the use of any password, username, or email address for any other reason in our sole discretion. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the right, as permitted by applicable law, to terminate your account or suspend or otherwise deny your access to the Site or its benefits in our sole discretion, for any reason, and without advance notice or liability.
G. Restrictions and Prohibited Uses. You agree that, except as otherwise authorized, you will not:
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with Spirit or cause any other confusion; and (c) the links and the content on your website do not portray Spirit or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Spirit. Spirit reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Spirit in its sole discretion and without advance notice, may immediately suspend or terminate the availability of the Site and/or Content (and any elements or features of the same), in whole or in part, for any reason and without liability.
H. Rights of Others. In using the Site, you must respect the intellectual property and other rights of Spirit and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Spirit respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, then please see Procedure for Alleging Copyright Infringement Section 15(A).
I. Your Interactions with Other Users; Disputes. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you send any message related to us to your friends, using a tool we provide on the Site or otherwise, you will only do so to the extent you have permission from them to send communications of such nature and you will comply with all applicable laws related to such communications, including without limitation disclosing any incentives or consideration you may be receiving from us related thereto.
A. User-Generated Content. Spirit may now, or in the future, offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personal information, or other information or materials and the ideas contained therein (collectively “User-Generated Content” or “UGC”).
Before accepting an Order, we may request additional information from you, and we reserve the right to reject Orders or to cancel them after acceptance. In some cases (e.g., purchases to pick up in store or purchases of preorder items), you may be charged for your Order immediately upon our receipt of the Order. By confirming your purchase during the checkout process, you agree to accept and pay for the Order. To be eligible to complete an Order, you must be at least the age of majority where you reside (18 years old in most states).
All prices are in U.S. dollars. All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the Order is placed. Posted prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors. Sales tax is charged on Orders where applicable. The sales tax will be based on the state the Order is being shipped to. Please note that some states charge sales tax on shipping fees as well.
We accept payment methods as provided during the checkout process. We are not responsible for external payment processor practices or their terms. By placing an Order, you represent and warrant that the payment information you supply to us is accurate, you are duly authorized to use the designated payment method, and that you authorize us, or our payment processor, to charge your designated payment method. We reserve the right to automatically suspend or cancel your Order if we cannot verify the payment method you designate, or if it is invalid or otherwise not acceptable. Only valid payment methods specified by us may be used.
You may use a gift card issued by Spirit or by a third party (e.g., Visa, MasterCard, AMEX, or Discover) as a payment option. Should the gift card cover the full amount of the Order, including shipping and sales tax, the gift card will cover the full payment and you will not be separately charged. If, after entering a gift card as a payment option, you still owe a remaining balance, you will be prompted to provide a separate payment option, such as your credit card information. Please make sure you apply your gift card first before any other form of payment. We only honor one gift card per Order.
When using a coupon or promotion code, only one can be applied to your Order at a time. Once the code is applied, the subtotal of your Order will be adjusted. If it is a shipping promotion, as long as the correct shipping method is selected, the cost of shipping will adjust. Please make sure that you read the promotional details to confirm your order qualifies for the promotion. Our shipping promotions exclude shipments to Canada, Alaska, Hawaii, Puerto Rico, and APO/FPO addresses. Promotions for express, second day, or overnight shipments exclude shipments to PO Boxes. Any oversized shipping fees that may apply to an Order are not included in the shipping discount. Shipping promotions cannot be stacked with any other coupons or discounts.
A. General. Spirit currently ships to the United States, Canada, Puerto Rico, and APO/FPO/DPO addresses. All deliveries are pending acceptance of the Order and merchandise availability. To keep track of shipments and deliveries, check emails we send you, including in your spam folder. We may request additional information through email or other contact forms to process your Order. All items purchased from the Site for shipment to you are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
B. Partial Shipments. In some cases, your payment method may be charged more than once for a single Order. This may happen when the items you ordered do not all ship at the same time (e.g., if some of your items are a preorder or for picking up in store). In these cases, your payment method may be charged immediately for some products and at the time of shipment for other products.
C. Shipping and Delivery Times. Once the Order has shipped, how quickly it is delivered depends on the shipping method selected. Estimated delivery dates to your zip code are provided at checkout or in other parts of the Site. Please keep in mind they are estimates only, we do not guarantee the delivery date. We ship Orders Monday through Friday excluding holidays. For Orders to have the option to ship the same day, they must be submitted before 3pm for economy and standard shipping options and before 12pm for the express and overnight shipping options. Orders shipped via the overnight shipping option are not delivered on Saturdays or Sundays. Orders shipped via economy, standard, or second day may deliver on Saturday if offered by your local post office. Our carriers do not require a signature. If you are not home, the package will be left at your address.
D. Shipping Restrictions. Standard, second day, or overnight shipping options are not available for PO Box addresses. Products that are considered "hazardous materials" must be shipped via standard ground or economy shipping. Items that are considered “hazardous materials” include (but are not limited to) lava lamps, aerosol, and liquid products.
E. Shipping Fees. Due to the size and weight of some products, an additional handling fee may be applied. Oversized handling fees will be noted in the product detail page.
F. International Delivery. Orders shipped to Canada via international economy shipping are delivered by the Canadian Postal Service or FedEx International. If you normally receive postal mail on Saturday, then your package may be delivered on a Saturday. International Priority shipping is delivered Monday through Friday and not on Saturday or Sunday. We are not responsible for delays caused by customs. All prices are in U.S. dollars, so additional charges may apply from your bank due to the currency conversion.
G. Order Tracking. Once your Order has shipped, a tracking confirmation will be sent to the email address submitted with the Order. This email will contain your tracking number which you can use to track your package and ensure proper delivery. Tracking information for your order can also be found on our Order Status page or the My Account page. Please allow 24 to 48 business hours (Monday through Friday, excluding holidays) for the tracking information to be updated on the carrier website. Tracking information may not be available for the first 24 to 48 hours after you receive your shipping confirmation email.
To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners. We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Spirit may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation. If a product you purchased from us is not as described, your sole remedy is to return it and receive a credit for the purchase price, subject to our return policies in Section 13 below.
A. General. To exchange an item, it must be unworn, have the original accessories, in new and resalable condition, and in the original packaging.
B. In-Store Exchanges. You may exchange an item in-store within 30 calendar days of you receiving your item. If brick-and-mortar stores are not open or available for your exchange, you will need to return the item online, as per Section 13 below. To exchange an item in-store, you will need the item and the original invoice. Exchanges without the original invoice will be exchanged for something of equal value at the current selling cost of the item.
C. Online Exchanges. Spirit does not accept exchanges of merchandise purchased online. You will have to return the item(s) and then place a new Order. Refer to Section 13 below for information on how to return your item(s).
D. Shipping Charges. If your Order was originally submitted online, exchanging an item will not result in a refund of the original shipping cost.
A. General. To return an item, it must be unworn, have the original accessories, be in new and resalable condition, and in the original packaging. You must return an item within 30 days of you receiving it. You may request a refund by returning an item in-store or online, in accordance with the terms below. For in-store returns, refund credit usually appears in your account within 2 to 3 business days (Monday through Friday, excluding holidays). For online returns, the refund credit usually appears in your account within 5 to 7 business days (Monday through Friday excluding holidays) from the date the returned item arrives at our warehouse. We will credit the original credit/debit card used to place your order. If a purchase was made through PayPal, the refund will be issued back to the credit/debit card used through PayPal. The acceptance of refund requests are at the discretion of Spirit. Spirit does not accept returns on intimate products, wigs, body jewelry, custom products, or clearance merchandise.
B. Online Returns. The invoice in your package will contain detailed instructions on how to return your order. Package your items according to the instructions on your invoice, including packaging your item(s) along with your invoice, and ship your item(s) to the address provided on your invoice. Unless otherwise stated in Additional Terms, you are responsible for pre-paying the return shipping cost. You are responsible for requesting a tracking number and for purchasing packing insurance from your shipping vendor.
C. Shipping Charges. If your Order was originally submitted online, exchanging an item will not result in a refund of the original shipping cost.
We may publish advice, FAQ, suggestions, or other recommendations on the Site in relation to the handling and care of certain products or items (e.g., lava lamps, intimate apparel). These statements are not a warranty or promise of how a product or item will ship, look like, work, or last. For example, because of transit issues a lava lamp may sometimes arrive looking cloudy, we provide advice on the Site on how to restore clarity, as cloudy lava lamp globes are not considered defective. Such advice is solely meant as a recommendation. We also may take steps to address your satisfaction with packaging and delivery by including descriptions of our practices on the Site. Such descriptions are not a warranty or promise of how packaging or deliveries will occur. For example, while we believe our packaging is generally discreet when you order intimate apparel or other intimate products, please be advised that for deliveries to Canada, APO/FPO and other military bases, the contents of your Order are required to be listed on the outside of your package for delivery.
A. Procedure for Alleging Copyright Infringement
If you are a copyright owner and believe infringing use of your content is on our Site, or you are a user who has received notice that you have posted allegedly copyright infringing content on our Site, see below for more information.
Spirit asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Spirit’s sole discretion, we may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Spirit has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:
i. a title or subject line that says: “DMCA Copyright Infringement Notice”;
ii. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
iii. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Site on which the material appears or relevant screenshots);
iv. your full name, address, telephone number, and email address;
v. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
vii. your electronic or physical signature.
Spirit will only respond to DMCA Notices that it receives by mail or email at the addresses below:
By Mail:
Spirit Halloween Superstores LLC
Attn: Legal Department
6826 Black Horse Pike
Egg Harbor Township, NJ 08234
By Email:
legaldept@spirithalloween.com
For more information call:
1-800-762-0419
Spirit may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Spirit may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Spirit’s other rights, Spirit may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by Spirit.
B. Counter-Notification.
If access on the Site to a work that you submitted to Spirit is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
i. a legend or subject line that says: “DMCA Counter-Notification”;
ii. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Site from which the material was removed or access to it disabled or relevant screenshots);
iii. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
iv. your full name, address, telephone number, email address, and the username of your Account;
v. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the New York Supreme Court, and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
vi. your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
A. Third-Party Content and Websites. The Site may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party content that is not owned, controlled, or operated by Spirit. Any interactions, transactions, or other dealings that you engage in with any third parties found on or through the Site are solely between you and the third party.
By using the Site, you acknowledge and agree that Spirit is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party services. You hereby agree to indemnify Spirit against all claims, injury, and/or damages arising out of your use of any third-party service.
B. Business Transactions. We reserve the right to transfer any information we obtain through the Site in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
A. Text Messages. Spirit may offer opportunities to subscribe to various text messaging programs. Your participation in such text message programs will be subject to these Terms, as well as any other terms presented to you at the time you provide your phone number or otherwise enroll in the program. You are not required to consent to receive marketing text messages to purchase any product or service. Message frequency may vary. Message and data rates may apply. You can text HELP for help or STOP to cancel at any time.
B. Email Messages. You may cancel or modify your email marketing communications preferences by following the instructions contained in our promotional emails. You may also opt out of email marketing by contacting us at:
Mailing address: Spirit Halloween Superstores LLC
6826 Black Horse Pike
Egg Harbor Township, NJ 08234
Phone number: 1-800-762-0419
Email address:GuestServices@spirithalloween.com
If you are a registered user on the Site, you may also control your email marketing preferences through your account settings, which may include the ability to limit the categories and types of marketing emails you receive from us. Please allow up to 10 business days for your request to be processed. This will not affect subsequent subscriptions. Please note that even if you opt out of receiving marketing communications, we may still send you transactional emails relating to your account or use of the Site.
C. Location-Based Features. If GPS, geo-location, or other location-based features are enabled on your device, you acknowledge that your device location may be tracked and may be shared with others. Some devices and platforms may allow disabling some, but not all, location-based features or managing such preferences. Typically, your proximity or connection to wi-fi, Bluetooth, and other networks may still be tracked when location services are turned off on device settings. Territory geo-filtering may be required in connection with use of some Site features due, for instance, to Content territory restrictions.
IN NO EVENT WILL SPIRIT, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, “SPIRIT PARTIES”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE, TOOL, OR PRODUCT OFFERED THROUGH OR IN CONNECTION WITH THE SITE (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM: (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS, OR SERVICES WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY, (E) YOUR FAILURE TO KEEP YOUR SITE ACCESS CREDENTIALS SECURE AND CONFIDENTIAL, (F) YOUR ENGAGEMENT WITH OTHER USERS, (G) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, OR IN CONNECTION WITH, THE SITE, AND/OR (H) INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SERVICE, BY A TOOL OR SERVICE ON OUR SITE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
As permitted by applicable law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Spirit Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).
EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, OR AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPIRIT PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SPIRIT IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (A) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY SPIRIT PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY SPIRIT PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (B) SPIRIT PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY SPIRIT PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (C) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST SPIRIT PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, SPIRIT PARTIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SITE, INCLUDING CONTENT AND UGC, OR, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SERVICE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER CONTENT TO US AND/OR BY POSTING INFORMATION ON THE SITE NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND SPIRIT PARTIES OTHER THAN PURSUANT TO THESE TERMS.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (A) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY SPIRIT PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY SPIRIT PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (B) SPIRIT PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY SPIRIT PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (C) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST SPIRIT PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Spirit Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (a) your breach or alleged breach of these Terms; (b) your UGC; (c) your use of the Service; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; (f) any misrepresentation made by you; or (g) any interaction you have with any other user(s). Spirit Parties reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without the prior written consent of Spirit Parties and you agree to cooperate with our defense of any such claim.
Spirit may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Spirit.
Unless otherwise specified, these Terms constitute the entire agreement between you and Spirit. If any part of these Terms is held illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of Spirit to act with respect to a breach by you or others does not waive Spirit’s right to act with respect to subsequent or similar breaches. Spirit’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing signed by an officer of Spirit.
Spirit reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Spirit may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Residents of California are entitled to the following information:
California Transparency in Supply Chains Act Disclosure
Spirit supports the right of all individuals to be free from slavery in the workplace. We abhor the practice of human trafficking and slavery and applaud efforts being made globally to eliminate this practice.
Spirit controls and operates the Site from its U.S.-based offices. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content (to the extent local laws apply). We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms, or Additional Terms, or to any sale of goods carried out as a result of your use of the Site.
Software related to or made available by the Site may be subject to export controls of the U.S.A. that prohibit software from the Site from being downloaded, exported, or re-exported (a) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed (e.g., Cuba, Iraq, Libya, North Korea, Iran, Sudan, and Syria), or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (c) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (a) – (c) above.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Site constitutes agreement to the Terms, and any applicable Additional Terms then posted without further action by you.
We may suspend or terminate your access to the Site, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason, and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Spirit under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from Spirit, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Spirit in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and jury waiver.
Any questions regarding these Terms may be directed to legaldept@spirithalloween.com.