Terms of Service

This website (the “Site”) is owned and operated by Puzzling Package Industries LLC (“PPI”).  By using, accessing, or purchasing from the Site; or interacting with any type of communication (including. but not limited to. emails, social channels, etc.) created, hosted, or distributed by PPI, you acknowledge that you have read, understand, and agree to the following Terms of Service (which, along with any other policies published from time to time on this Site by PPI, collectively are referenced herein as the "Terms" or "Agreement"). By accessing or using any part of the Site, you accept these Terms, without limitation or qualification. Your agreement to, and compliance with, these Terms, are conditions precedent to your right to use this Site. Please read and review these Terms periodically.

The following additional Terms govern all use of the Site and all content, services, and products available on or through the Site:

1.     Your PPI Account: 

a.     As a condition precedent to your use of this Site, you agree that you: (1) are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian; and (2) possess the authority to enter into a binding legal agreement.

b.     If you create an account on the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.

c.     You must immediately notify PPI of any unauthorized uses of your account or any other breaches of security.

d.     By accessing the Site or any chat room, online discussion forum, or other service provided through the Site or by PPI, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use the Site or any related chat room or online discussion forum to:

                                               i.     Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, or otherwise objectionable, as determined by PPI in its sole discretion.

                                             ii.     Use a name, user name, or language that PPI, in its sole discretion, deems offensive.

                                            iii.     Post defamatory statements.

                                            iv.     Post hateful, prejudicial, or racially or ethnically objectionable content.

                                             v.     Post content that infringes PPI’s or any other person’s or entity’s copyright, trademark, or trade secret.

                                            vi.     Post unsolicited advertising or promote products or services.

                                          vii.     Harass, threaten, or intentionally embarrass or cause distress to another person or entity.

                                         viii.     Impersonate another person.

                                            ix.     Promote, solicit, or participate in any multi-level marketing or pyramid schemes.

                                             x.     Exploit children under 18 years of age.

                                            xi.     Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.

                                          xii.     Introduce viruses, worms, Trojan horses, and/or harmful code to the Site.

                                         xiii.     Obtain unauthorized access to any computer system through the Site.

                                         xiv.     Invade the privacy of any person including, but not limited to, posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 18 years of age).

                                          xv.     Solicit personal information from children under 18 years of age.

                                         xvi.     Violate any federal, state, local, or international law or regulation.

                                       xvii.     Encourage conduct that would constitute a criminal or civil offense.

e.     In the event that you (or anyone using your PPI account) violates any of the Terms, PPI reserves the rights, at its sole discretion, to edit or delete any objectionable content; revoke or suspend your access to the Site; terminate your PPI account; seek damages from you in a civil lawsuit; and/or report you to cognizant law enforcement authorities.

2.     Pricing, Payments, Renewals, and Cancellations

a.     General Terms: 

                                               i.     Paid products (“PPI Products”) and/or subscriptions “PPI Subscriptions”) are available on this Site (collectively, the “PPI Purchases”).  By selecting a PPI Purchase, you agree to pay PPI the one-time or recurring subscription fees indicated for that PPI Purchase.

                                             ii.     One time payments are charged one time, at the time of purchase.

                                            iii.     For PPI Subscriptions that require recurring payments:

1.     The initial payment will be charged at the time of purchase, and will cover the use of that PPI Subscription for the initial subscription period as indicated in the applicable PPI Subscription description. 

2.     Each subsequent PPI Subscription payment will cover the applicable subsequent subscription period. 

3.     BY PURCHASING A PPI SUBSCRIPTION, YOU AGREE TO PAY THE APPLICABLE PERIODIC SUBSCRIPTION FEE FOR EACH PERIOD OF THE PPI SUBSCRIPTION.

4.     Unless you notify PPI at least five days before the end of the applicable subscription period that you want to cancel a PPI Subscription, your PPI Subscription will automatically renew and you authorize us to collect the next applicable subscription fee using any credit card or other payment mechanisms that PPI has on record for you. Subject to the other Terms set forth herein, PPI Subscriptions can be cancelled at any time in the Account section of your account

                                            iv.     Prices will fluctuate based upon PPI Purchase availability and at the sole discretion of PPI. PPI is not obligated to announce sales events in advance, and PPI will not provide refunds or credits if you pay full price for a PPI Purchase that subsequently is offered on sale.

                                             v.     PPI Purchase fees are not refundable.  All sales involving one-time payments are final and may not be cancelled. Cancellations of PPI Subscriptions will be effective five business days after your submission of a cancellation notification; PPI will continue to charge PPI Subscription fees until cancellations become effective.

                                            vi.     You are responsible for all taxes, duties, VAT, and shipping charges applicable to your order of any PPI Purchase.  PPI will charge tax only in countries, states, and other territories where the goods sold over the internet are taxable.  Duties are not included in the purchase price, and will be charged to your credit card when calculated by PPI.

                                          vii.     You are responsible for any incremental bank or credit card charges (including, but not limited to, foreign transaction fees or overage charges) if a PPI Subscription renewal fee exceeds your credit limit.

b.     Discounts and credits: 

                                               i.     Discounts cannot be combined with other offers except where explicitly stated. PPI has the right to turn discounts or promotions on or off at PPI’s discretion. Discounts can neither be retroactively applied to orders nor exchanged for alternative discounts at a future date. Shipping rates will be calculated on the total cart amount prior to the application of any discounts.

                                             ii.     Credits expire on the earlier of: (a) the date listed in any Term or PPI communication; or (b) 60 days.  Credits are non-transferable, non-negotiable, and cannot be redeemed for cash.

c.     Pricing Errors: In the event that a PPI Purchase is listed on the Site (or elsewhere) at an incorrect price, PPI shall have the right to refuse or cancel any orders placed for any such PPI Purchase. PPI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order subsequently is cancelled, PPI shall immediately issue a credit to your credit card account in the amount of the charge.

d.     Returns:

                                               i.     Due to the personalized and customized nature of PPI Purchases, PPI does not provide refunds or accept returned items except as set forth below:

1.     If a PPI Purchase is refused by the recipient upon arrival (and returned to PPI immediately via postal carrier). In these cases, PPI will contact you to discuss the matter and then will take reasonable steps to accommodate your choice to have PPI, at your cost (if any): (a) resend the PPI Purchase to the original recipient; (b) send the PPI Purchase to a different recipient; or (c) issue you a credit in the amount that you spent on the PPI Purchase (not including any discounted amounts).

2.     In the event of: (a) a PPI error (such as PPI mailing the wrong PPI Purchase or sending a PPI Purchase to an incorrect address); or (b) PPI Purchases damaged in transit (provided that proof of such damage is submitted to PPI within 48 hours of receipt), PPI will mail a replacement PPI Purchase (either an entire shipment or solely the damaged item(s), as applicable) at PPI’s expense.  Blemishes to packaging will not be considered to be a damaged item.

3.     If a PPI Purchase is lost by the mail carrier (and reported to PPI within 30 days of PPI’s initial mailing of that PPI Purchase), PPI will replace the PPI Purchase at PPI’s cost if the PPI Purchase does not arrive within 30 days of the report to PPI.

                                             ii.     Notwithstanding anything else set forth herein, PPI will not provide any replacements, refunds, or credits for PPI Purchases that a recipient dislikes, believes are not of adequate quality, or contends were “spoiled” by the receipt of information from any source.

                                            iii.     It is the sole responsibility of the purchaser to track mailings that have shipped and monitor if they have reached the intended recipient. PPI will provide email notifications (including, when applicable, tracking information) to the purchaser at the time of shipping for all mailings at the email address associated with the purchaser’s PPI account.

3.     License and Intellectual Property Matters

a.     Subject to your compliance with the Terms and your timely payment of any applicable fees, PPI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and PPI Purchases.

                                               i.     This license does not include any resale, commercial use, or derivative use of: (a) any PPI Purchase or its contents; (b) the Site; (c) any other PPI content.

                                             ii.     No PPI Purchase, nor any part of any PPI Purchase, may be reproduced, duplicated, copied, or otherwise exploited for any commercial purpose without the prior express written consent of PPI.

                                            iii.     The use of data mining, robots, or similar data-gathering and extraction tools is strictly prohibited.

                                            iv.     You may not, without first obtaining PPI’s express written consent: (a) frame or utilize framing techniques to enclose any trademark, logo, or other content (including. But not limited to, images, text, page layout, or form) of PPI; or (b) not use any meta tags or any other "hidden text" utilizing PPI’s name or trademarks.

                                             v.     You may use the PPI Products only as permitted by law. PPI Product recipients are responsible for adhering to all applicable laws and regulations.

                                            vi.     The licenses granted to you by PPI shall terminate if you do not comply with the Terms.

b.     All rights not expressly granted to you in these Terms are reserved and retained by PPI. 

                                               i.     This Agreement does not transfer from PPI to you any PPI or third party intellectual property; all right, title and interest in and to such property will remain (as between PPI and you) solely with PPI.

                                             ii.     PPI, the PPI logo, and all other trademarks, service marks, graphics, logos, and other content used in connection with the Site and PPI Purchases are trademarked and/or copyrighted property of PPI or its licensors. Your use of the Site grants you no right or license to reproduce or otherwise use any PPI or third-party trademarks or copyrighted material.

c.     PPI reserves the rights, without notice, to: (1) revise the products and services available on (and the Terms and/or other contents of) the Site; (2) impose rules for (and limits upon) your use of the Site; and (3) restrict your access to part, or all, of the Site. Content found on this Site including, but not limited to, price information is subject to change without notice.

d.     With respect to gift purchases, PPI shall use reasonable efforts to maintain the secrecy of the purchaser.  PPI Purchases are intended to provide entertainment, and the mystery of the purchaser is a part of the entertainment value. PPI shall use reasonable discretion in the case that a recipient makes contact with PPI. PPI reserves the right to reveal the purchaser’s identity to the recipient or if PPI is contacted by law enforcement.

4.     Termination

a.     If you wish to terminate this Agreement or your PPI account, you may discontinue using the Site and unsubscribe from PPI emails.  If you have purchased a PPI Subscription, you may cancel that subscription as set forth herein.

b.     PPI reserves the right, without notice, to revoke your access, account, and/or membership at any time for any (or no) reason including, but not limited to, your violation of these Terms.

c.     If, as a result of your violation of the Terms and/or applicable law, PPI terminates your account or takes any other action to limit your access to the Site and/or PPI Purchases, PPI shall not refund any amounts spent on PPI Purchases prior to the date of PPI’s protective actions.

d.     All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership and licensing provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

5.     Warranties, Disclaimers, Limitations of Liability, and Indemnity

a.     The material displayed on this Site is provided without any guarantees, conditions, or warranties in relation to any statements, comments or representations made.

                                               i.     Unless expressly stated to the contrary and to the fullest extent permitted by law, PPI and this Site hereby expressly disclaim all conditions, warranties, and other terms which might otherwise be implied by law.

                                             ii.     PPI shall not be liable to you (or any other party) for any damages whatsoever including, but not limited to, any direct, indirect, special, consequential, punitive, or incidental damages of any nature whatsoever; damages for loss of use, profits, data or other intangibles; damage to goodwill or reputation or health and safety; or the cost of procurement of substitute goods and services arising out of or related to the use, inability to use, performance, or failures of PPI Purchases, this Site, and any Site content, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

b.     You represent and warrant that: (i) your use of the Site will be in strict accordance with this Agreement and all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of PPI or any third party.

c.     You agree to fully defend, indemnify, and hold harmless PPI (and PPI’s directors, officers, employees, and agents) from and against any and all losses, lawsuits, judgments, settlements, demands, fines, claims, and expenses (including reasonable attorneys’ fees and court costs) (collectively, “Claims”) made, brought, or obtained by a third party against PPI and arising out of: (a) your use of PPI Purchases and/or the Site; (b) your violation of this Agreement and/or any applicable laws; and/or (c) any act or omission by you. 

                                               i.     Your defense and indemnification obligations under this Agreement include, but are not limited to, Claims alleging, arising from, or related to bodily injury, death, loss of or  damage to property, criminal acts, personal injury, defamation, infringement of intellectual property rights, import/export laws and regulations (including duty and tariff regulations), damage to goodwill or reputation, loss of data, and breach of privacy.

                                             ii.     Notwithstanding anything else set forth herein to the contrary, you shall have no obligation to defend or indemnify PPI against any Claims that arise solely from the gross negligence and/or intentional misconduct of PPI (and/or PPI’s directors, officers, employees, and agents).

6.     Miscellaneous

a.     This Agreement constitutes the entire agreement between PPI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PPI, or by the posting by PPI of a revised version.

b.     If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

c.     A waiver by either party of any term or condition of this Agreement (or any breach thereof) will not be construed as a waiver of that party’s right to enforce such term or condition (or seek remedies for any subsequent breach thereof).

d.     You may assign your rights under this Agreement to any party that consents in writing to, and agrees to be bound by, its terms and conditions.  PPI may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

e.     Dispute resolution:

                                               i.     All disputes arising out of or related to this site or a PPI Purchase will be: (a) governed by the laws of the state of Oregon, USA, excluding its conflict of law provisions; and (b) litigated in a state or federal court of competent jurisdiction located in Multnomah County, Oregon. 

                                             ii.     You agree: (a) that you are subject to personal jurisdiction in Multnomah County, Oregon; and (b) not to raise (and to waive) any defense that venue in Multnomah County, Oregon, is improper or inconvenient. 

                                            iii.     The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to its reasonable attorneys’ fees and court costs (at trial and on appeal).

                                            iv.     You agree that your breach of certain provisions of this Agreement including, but not limited to, Section 3, would subject PPI to irreparable harm and, accordingly, that PPI may seek injunctive relief as a remedy for (or to prevent) such breaches without the need to prove actual damages or post a bond.