Terms of Use
Welcome to the Internet Site for Captain Henry's Pirate Store. Captain Henry's Pirate Store is operated by TW Productions LLC (referred to herein as "Captain Henry's Pirate Store," "we," "us," or "our").

PLEASE READ THESE TERMS OF USE (the "Agreement") CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Captain Henry's Pirate Store Site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS.

All materials contained on this site are the copyrighted property of Captain Henry's Pirate Store. All trademarks, service marks, and trade names are proprietary to Captain Henry's Pirate Store, or its affiliates. No material from any Captain Henry's Pirate Store Site or any Internet Site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any Scream at the Beach Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us.

SUBMISSIONS.

Captain Henry's Pirate Store is pleased to hear from its loyal friends and visitors and welcomes your comments regarding Captain Henry's Pirate Store products, services and events, including Captain Henry's Pirate Store's online services. Captain Henry's Pirate Store welcomes original ideas or any work that may be of benefit for visitors to our site or in developing future products, events and attractions.

If you send us creative suggestions, ideas, messages, notes, drawings, concepts, or other information of any nature and in any form (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Captain Henry's Pirate Store and may be used by Captain Henry's Pirate Store in its sole discretion. None of the Information shall be subject to any obligation of confidence on the part of Captain Henry's Pirate Store, and Captain Henry's Pirate Store shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, Captain Henry's Pirate Store shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

To the extent that such ownership rights are not enforceable with respect to any of the Information, you hereby grant to Captain Henry's Pirate Store a perpetual, royalty free, worldwide, sublicensable, non-exclusive, irrevocable license to use, reproduce, perform, display, electronically transmit, and create derivative works based on, any Information you upload or post on the Site, and you hereby warrant to Captain Henry's Pirate Store that you have full power and authority to grant such a license. To the extent allowed by law, this Section includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral" or the like (collectively "Moral Rights"). To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to, and provide all necessary ratifications and consents to, any action that may be taken with respect to such Moral Rights by Captain Henry's Pirate Store; you agree not to assert any Moral Rights with respect thereto.

INDEMNIFICATION.

You agree to indemnify and hold Captain Henry's Pirate Store, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the Account, of any intellectual property or other right of any person or entity, and (ii) all consequences, including personal harm, of your having been exposed to or not exposed to information through the Site.

JURISDICTIONAL ISSUES.

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products and programs available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Captain Henry's Pirate Store from a server located within the State of Oregon, United States of America. Scream at the Beach makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

DISCLAIMER.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Captain Henry's Pirate Store DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Captain Henry's Pirate Store DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Captain Henry's Pirate Store DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, USE, OR THE RESULTS OF THE USE OF ANY OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU RELEASE Captain Henry's Pirate Store FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED INFORMATION THROUGH THE SITE OR FOR THE USE BY THIRD PARTIES OF ANY PERSONAL INFORMATION THAT YOU MAY CHOOSE TO DISCLOSE ON THE SITE. YOU (AND NOT Captain Henry's Pirate Store) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

Under no circumstances, including, but not limited to, negligence, shall Captain Henry's Pirate Store be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Captain Henry's Pirate Store or a Captain Henry's Pirate Store authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Captain Henry's Pirate Store's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

OTHER.

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. Any legal dispute shall be settled by a court of competent jurisdiction in the County of Multnomah, State of Oregon. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and is not subject to modification except as provided herein.