Terms and Conditions

General Information about these Terms of Use. Sensation Brands, Inc. is a corporation with a business office at 3731 Briarpark Dr, Houston, Texas 77042 USA (the “Company”). Please read these terms carefully as they apply to your use of SensationBrands.com and any other website operated by the Company (each, a “Website”), as well as to all services the Company offers through its Websites (“Services”). Unless otherwise agreed in writing with the Company, your use of any Website or Service controlled by the Company will always be subject, at a minimum, to the terms and conditions set forth in this document (the “Terms”) and our Privacy Policy, available here.

Your Agreement to the Terms. Your access or use in any way of any Website or Service controlled by the Company, including but not limited to our Shop, Buy with Benefits, the Your Own Business sections, and discussion forums, means that you have read, understand, and agree to be bound by these Terms. By accessing or using any Website or Service controlled by the Company, you also represent that you have the legal authority to accept the Terms on your behalf and on behalf of any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.

Changes to the Terms. From time to time, the Company may change, remove, add to, or otherwise modify the Terms, and reserves the right to do so at its sole discretion. In such cases, we will post the updated Terms, as applicable, on the appropriate Websites and indicate the revision date. We encourage you to periodically review the Terms. Furthermore, if our modifications are material, we may display a notice on the Websites indicating that the Terms have changed. All new and/or modified Terms become effective immediately. Notwithstanding the foregoing, no modification to the Terms will apply to any dispute between you and the Company that arose before the effective date of any modification. Your continued use of any Website or Service controlled by the Company after the new and/or revised Terms become effective means that you have read, understood, and agreed to those Terms.

Provision of the Websites and Services. You may only use the Websites and Services in accordance with these Terms. In particular, but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Terms, or any other condition or notice made available on any Website or Service.

Location of the Websites and Services. The Websites and Services are controlled and offered by the Company from facilities in the United States of America. The Company makes no representations that the Websites or Services are appropriate or available for use in other locations. If you access or use any Website or Service from other jurisdictions, you do so at your own risk and are responsible for compliance with local laws. Notwithstanding the foregoing, the Websites may contain or provide links to Content (as defined below) hosted on servers located outside the United States of America.

User Conduct. Users agree not to use the Websites or Services, including but not limited to our Content (as defined below) and/or discussion forums, in the following ways:

• Post, use, or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy, or other applicable laws;
• Post, use, or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unwanted advertising;
• Post, use, or transmit Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobey the requirements, procedures, policies, or regulations of networks connected to the Websites or Services;
• Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or discriminatory, false and misleading, incites illegal acts, or violates your obligations to any person or any applicable laws and regulations;
• Intimidate or harass another user;
• Use or attempt to use another person’s account, service, or personal information;
• Remove, circumvent, disable, damage, or otherwise interfere with any security-related feature that imposes limitations on the use of the Websites or Services;
• Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems, or networks connected to the Websites or Services, through password mining or any other means, or interfere with or attempt to interfere with the proper functioning of the Websites or Services or any activities conducted through the Websites or Services;
• Use any means to bypass or ignore any measures we use to restrict access or use of the Websites or Services;
• Impersonate another person or entity, or falsely state or misrepresent your affiliation with a person or entity;
• Post or transmit any personally identifying information about persons under the age of 16;
• Engage in any other behavior that harms the Company’s ability to provide the Website or Services or the ability of any user to fully use the Website or Services; or
• In addition, you may not (and may not authorize any other party to): (i) frame or use branding of the Website (e.g., displaying a name, logo, trademark, or other means of attribution from a third party likely to give users the impression that such third party has the right to display, publish, or distribute the Website); or (ii) use any Website or feature in any manner that could disable, overload, damage, or impair such Website or feature, or interfere with any other party’s use and enjoyment of any Website or feature.

Terms Related to the Content of the Websites and Services

Responsibility for Content. You understand that all materials, data, and information such as data files, written text, computer software, animations, music, audio files or other sounds, photographs, videos, or other images (collectively, “Content”) that you may access as part of, or through your use of, the Websites and Services are the sole responsibility of the person who originated such Content. This includes statements that individuals may make, expressly or implicitly, regarding the source and ownership of the Content they provide, upload, list, and/or link to. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances is the Company in any way responsible for any Content, including but not limited to: infringing Content, any errors or omissions in the Content,

Content You Provide. You may only submit Content to the Websites or in connection with the Services that you are entitled to submit. This means you may only submit Content you have created yourself, that is in the public domain, or that you have been expressly granted the right to submit under these Terms. For the avoidance of doubt, you must not submit Content that infringes third-party rights (e.g., Content used without the express permission of the trademark, copyright, or patent owner and not permitted by law). You represent, warrant, and agree that no Content of any kind submitted, posted, or shared by you on or through any of the Websites or Services controlled by the Company violates or infringes upon the rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contains defamatory, libelous, or unlawful material. You further represent, warrant, and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person under the age of 16. The Company may, but is not obligated to, review your submissions and may remove or delete (without notice) any Content at its sole discretion that the Company determines violates the Terms or may be offensive, illegal, or could violate the rights, harm, or threaten the safety of others. The Company does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You are solely responsible for backing up and replacing any Content you post on the Websites or Services, and you authorize the Company to make copies of your Content as it deems necessary to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and the Company will take reasonable steps to promptly remove such Content; provided, however, that the Company may remove such Content only from its Websites and is not responsible for removing Content from email archives, wiki history pages, and similar community forums where you may post content, or from other people’s computers. If you choose to remove your Content, the Company’s license granted upon your submission of such Content will remain in full force and effect in accordance with its terms.

Use of Website or Services Content. You may use Content found on the Websites or Services in accordance with the license terms applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) as specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license, and you must not remove or alter any copyright, trademark, name, or other notice or legend appearing in connection with the Content, unless explicitly authorized or required by the Content’s license terms. You represent and warrant to the Company that you will use all Content from our Websites or Services in accordance with the applicable license. You must ensure you review the terms of that license before using the Content to which it applies so you understand what you can and cannot do. By using the Websites or Services, you agree that you are solely responsible for your use of any Content available therein. You agree that you must evaluate and bear all risks associated with the use of any Content, including reliance on the origin, ownership, accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content available on the Websites or Services without your own independent evaluation of that Content. The Company does not guarantee that all Content available on the Websites or Services does not infringe third-party rights.

Third-Party Websites and Content; Links. The Websites or Services may contain links to websites not controlled by the Company (“Third-Party Websites”), as well as Content that belongs to or originates from individuals or organizations other than the Company (“Third-Party Content”). You acknowledge that the Company (a) is not responsible for any Third-Party Websites or any third-party content, information, or products available on any Third-Party Website; (b) has not reviewed any Third-Party Websites or Third-Party Content for accuracy, appropriateness, completeness, or non-infringement; (c) does not sponsor or endorse any Third-Party Websites or Third-Party Content; and (d) makes no representations or warranties of any kind regarding any Third-Party Websites or Third-Party Content.

Participating in Our Community: Registered Users. Registering for an account on any Service, Website, or webpage controlled by the Company, including but not limited to our discussion forums, is void where prohibited. Only individuals who are of legal age in their geographic jurisdiction (generally 18, but it may vary) and fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms, may register for an account and use the related Services; provided, however, that if you are under legal age in your jurisdiction but over 16, you may join with the express permission of your parent or legal guardian. Any person registering for an account on any of the Websites or using the related Services is defined as a “Registered User.” By registering for an account or using the Services, you represent and warrant that (1) you are of legal age in your jurisdiction or (2) you are over 16 and have the express permission of a legal guardian to become a Registered User and use the Services made available to Registered Users, and you further agree to comply with all the terms and conditions of these Terms. All services offered to Registered Users are provided subject to these Terms. The Company reserves the right to modify or discontinue user accounts and related Services at any time. The Company disclaims all liability to users and third parties if the Company exercises its right to modify or discontinue user accounts or related Services.

Registration; Security. You agree to (a) provide accurate, current, and complete information about yourself as requested during the registration process on any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to the Company, keeping it accurate and complete to, among other things, enable us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that the Company has your current contact information. You may not set up an account or membership on behalf of another person or entity unless authorized to do so. Additionally, the Company may at any time: (a) modify, suspend, or terminate the operation or access to your user account for any reason; (b) modify or change the Websites and Services and the applicable terms and policies governing your user account and related Websites and Services for any reason; and (c) discontinue user accounts and the related Websites and Services for any reason, all as deemed appropriate by the Company at its sole discretion. Your access to your account and use of the related Websites and Services may be terminated by you or the Company at any time and for any reason, without notice. Additionally, the Company reserves the right to delete and purge any account and all associated Content after an extended period of inactivity, as determined by the Company in its sole discretion.

Disclaimer of Warranties. To the fullest extent permitted by applicable law, the Company offers its Websites and Services “AS IS” and makes no representations or warranties of any kind regarding the Websites or Services, express, implied, statutory, or otherwise, including but not limited to warranties of title, merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the functions or content of its Websites or accessed through its Services will be uninterrupted or error-free, that defects will be corrected, or that the Company’s servers are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the content in terms of accuracy, reliability, or otherwise.

Limitation of Liability. Except to the extent required by applicable law and only to that extent, in no event shall the Company, its employees, officers, directors, affiliates, or agents (“Company Parties”) be liable to you under any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including but not limited to loss of income or revenue, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party arising in connection with the Websites or Services controlled by the Company (or termination thereof for any reason), even if the Company Parties have been advised of the possibility of such damages. IF YOU ARE NOT SATISFIED WITH US, ANY OF OUR SERVICES, OR THESE TERMS, the Company Parties will not be liable in any way for any content posted on the Websites or Services (including claims of infringement related to content posted on the Websites or Services), your use of the Websites or Services, or the conduct of third parties, whether on the Websites, in connection with the Services, or otherwise related to the Services.

Indemnification for Breach of Terms of Use. You agree to indemnify and hold harmless the Company Parties (as defined above) from and against any losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting, directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Company Parties from and against all claims brought by third parties arising from your use of any of the Websites or Services and the Content you make available through any of the Websites or Services by any means, including but not limited to by posting, linking, referencing the Content, or otherwise.

Privacy Policy. The Company is committed to responsibly handling the information and data we collect through our Websites and Services and agrees to use your personal information in accordance with the Privacy Policy and the Terms. The Privacy Policy is incorporated by reference into these Terms.

Copyright Complaints; DMCA Notice. The Company respects the intellectual property rights of others. We prohibit users of our Websites and Services from submitting, uploading, posting, or transmitting any material that infringes another person’s intellectual property rights.

It is also our policy to terminate the usage rights and any applicable user account of users who we determine, in our sole discretion, to be repeat infringers of others’ copyrights. Content hosted on third-party websites is the responsibility of those websites. If you are the copyright owner of Content hosted on a third-party website and have not authorized the use of your Content, please contact the hosting website administrator directly to have the Content removed.

Termination of this Agreement. Your right to access and use the Websites and Services automatically terminates upon your breach of any of these Terms. The Company may at any time: (a) modify, suspend, or terminate the operation or access to any of the Websites or Services, or any part of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any part of the Websites or Services, and the Terms and other policies governing the use of the Websites or Services, for any reason; (c) discontinue the operation of the Websites or Services, or any part of the Websites or Services, for any reason, all as deemed appropriate by the Company at its sole discretion. The warranty disclaimers, arbitration, limitation of liability, jurisdiction, and applicable legal provisions shall survive any termination. The license grants herein shall remain in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination.

Choice of Law and Arbitration. To the extent permitted by applicable law, these Terms are governed by and construed in accordance with the laws of the State of Texas, USA, excluding its choice of law provisions. To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or any rights and obligations arising from the use of the Website or Services or these Terms, shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of Texas or any other jurisdiction) that would result in the application of the laws of any jurisdiction other than Texas. Further, except where prohibited, you agree that: (1) all disputes, claims, and causes of action arising from your use of the Website or Services or these Terms shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules in effect in the Houston, Texas area, without resort to any form of class action, and determined by one (1) arbitrator mutually agreed upon by both parties, with both parties agreeing to share arbitration costs equally; (2) all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the use of the Website or Services, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards, and by using the Website or Services you waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and all rights to have damages multiplied or otherwise increased. Please note this arbitration provision shall survive the termination of your relationship with us.

Miscellaneous Terms. The failure of either party to insist upon or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is deemed invalid or unenforceable by any law, regulation, or final decision of a competent court, that provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions. The parties agree that no joint venture, partnership, employment, fiduciary, or agency relationship exists between you and the Company as a result of these Terms or your use of any of the Websites or Services. These Terms constitute the entire agreement between you and the Company concerning this subject matter and supersede all previous, contemporaneous, and future communications (except future amendments to the Terms made available by the Company from time to time) between you and the Company. A printed version of the Terms and any electronically given notice shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.