Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of planetplushie.com, its language versions and all content, features and services made available through it (together, the “Website”), operated by Plushie Planet (“Plushie Planet”, “we”, “us” or “our”). Please read them carefully.

By accessing or using the Website, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the Website.

Nothing in these Terms excludes or limits any right you have as a consumer under the mandatory law of the country in which you live, which cannot be excluded or limited by contract. Section 20 contains additional provisions for users in certain regions.

1. About us

The Website is operated by Plushie Planet, 1050 17th Street, Denver, Colorado 80202, United States of America. You can contact us at [email protected].

Plushie Planet is a designer toy and collectibles brand. The Website presents our brand, our characters and collections, our news, our cultural and industry research, and information about our company. It is an informational website.

2. Changes to these Terms

We may revise these Terms from time to time, for example to reflect changes to the Website, to our business or to the law. The “Last updated” date at the top of this page shows when they were last revised. Revised Terms take effect when they are published on the Website, unless we state a later date. If a change is material, we will take reasonable steps to make it prominent on the Website before it takes effect. Your continued use of the Website after revised Terms take effect constitutes your acceptance of them; if you do not agree to the revised Terms, you must stop using the Website. Changes do not apply retroactively to disputes that arose before they were published.

3. Eligibility

The Website is intended for a general audience. You may use the Website only if you are able to form a legally binding contract under the law of your country of residence or, if you are a minor, with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Website. Children should not submit personal data to us; please see the “Children” section of our Privacy Policy.

If you use the Website on behalf of a company or other organisation, you represent that you have authority to accept these Terms on its behalf, and “you” includes that organisation.

4. The nature of the Website

4.1 No online sales

The Website does not sell products and does not accept orders or payments. Product presentations, collection pages, images and descriptions on the Website are provided for information only. They do not constitute an offer to sell, an invitation to treat that can be accepted on the Website, or a reservation of any product. Where our products are available for purchase, they are sold through our own retail channels or through authorised retailers and distributors, each of which sells under its own terms and conditions of sale, privacy policy and returns policy. Your contract for any purchase is with that seller, and your statutory consumer rights in respect of the purchase are exercised against that seller in accordance with its terms and the law.

4.2 Product information

We take reasonable care to ensure that information about our products is accurate when published. However, products shown on the Website may be prototypes, samples, renderings or limited editions; colours, sizes, materials, finishes and packaging may differ from what is shown because of photography, screen settings, manufacturing variation or design changes; and availability, release dates, editions and recommended retail prices vary by country and retailer and may change without notice. Always check the information provided by the seller, and the labels, age grading and safety warnings on the product and its packaging, before purchase and use.

4.3 Age grading and safety

Many Plushie Planet designer figures and collectibles are designed for adult collectors and are not toys intended for young children. Some products contain small parts and are not suitable for children under 3 years. Always follow the age grading, warnings and care instructions supplied with each product. Product safety certifications apply to the specific product and market for which they were obtained.

4.4 Availability of the Website

We aim to keep the Website available and up to date, but we provide it on an “as available” basis. We may change, suspend, restrict or discontinue any part of the Website, including content, features and language versions, at any time and without notice, for example for maintenance, security or business reasons. We are not liable to you if the Website or any part of it is unavailable at any time or for any period.

5. Acceptable use

You may use the Website only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not attempt to, assist or allow anyone else to:

• use the Website in any way that breaches any applicable local, national or international law or regulation, or that is fraudulent or harmful;
• gain unauthorised access to the Website, the servers on which it is hosted, its administration area, or any server, computer or database connected to it, including by guessing or using credentials that are not yours;
• attack the Website through a denial-of-service attack, a distributed denial-of-service attack or any other means intended to impair its operation;
• probe, scan or test the vulnerability of the Website or breach any security or authentication measure, except as permitted by section 5.1;
• knowingly introduce viruses, trojans, worms, logic bombs, ransomware or other material that is malicious or technologically harmful;
• use any robot, spider, scraper, crawler or other automated means to access the Website for any purpose, or to copy, extract or compile its content, except (a) search engines and similar public indexing services that comply with our robots.txt instructions, and (b) brief quotation and linking permitted by section 7;
• use content from the Website to train, fine-tune or develop any artificial-intelligence or machine-learning model, or to create a dataset for such purposes, without our prior written permission, to the extent permitted by applicable law;
• frame or mirror the Website, or present any part of it as part of another website, in a way that suggests an association with or endorsement by Plushie Planet;
• impersonate Plushie Planet, our staff, our partners or any other person, or misrepresent your affiliation with any person or entity;
• use the contact form or our email addresses to send spam, chain letters, unsolicited advertising, or any content that is unlawful, defamatory, obscene, threatening, harassing, hateful or that infringes the rights of others;
• use the Website, our names, our characters or our content in connection with the sale of counterfeit, unauthorised or infringing products, or to mislead consumers about the origin of any product;
• remove, obscure or alter any copyright, trademark or other proprietary notice on the Website or its content; or
• interfere with any other person’s use of the Website.

5.1 Responsible disclosure

If you believe you have found a security vulnerability in the Website, please report it to [email protected] with the subject line “Security” and give us a reasonable opportunity to fix it before disclosing it to anyone else. Please do not access, modify or delete data that does not belong to you, degrade the Website’s performance, or use social engineering, and stop testing as soon as you have established the existence of a vulnerability. We will not pursue legal action against good-faith research conducted in accordance with this section.

6. Intellectual property

6.1 Our rights

The Website and all of its content, including the Plushie Planet name and logo, our characters (including STAR BABY and our other original characters), their names, designs, likenesses, personalities and stories, product designs, sculpts, illustrations, artwork, photographs, videos, animations, text, research, graphics, the selection and arrangement of content, page layouts, software and source code (together, the “Content”), are owned by Plushie Planet or our licensors and are protected by copyright, trademark, design, unfair-competition and other intellectual-property laws around the world. All rights not expressly granted to you in these Terms are reserved.

“Plushie Planet”, “planetplushie”, our logos, our character names and the other marks used on the Website are trademarks or registered trademarks of Plushie Planet or its licensors. Nothing in these Terms or on the Website grants you any licence or right to use any of these trademarks without our prior written permission.

6.2 Licensed and collaboration intellectual property

Some products and Content feature characters, artwork, brands or other intellectual property owned by third parties and used by us under licence or in collaboration with artists, studios and rights holders. That intellectual property remains the property of its respective owners. Its appearance on the Website does not grant you any right to use it, and any reference to a third party does not imply that it endorses the Website or these Terms, beyond the collaboration described.

6.3 Licence to you

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the Website and its Content for your own personal, non-commercial, informational purposes. You may print or download single copies of individual pages for that purpose, provided that you keep all copyright and other notices intact. Any other use of the Content, including copying, reproducing, modifying, adapting, translating, publishing, distributing, publicly displaying or performing, selling, licensing or creating derivative works, in whole or in part, requires our prior written permission, except to the extent permitted by mandatory law (such as fair use, fair dealing, quotation or private-copy exceptions).

6.4 Fan art and community creativity

We love seeing our community celebrate our characters. You may create and share personal, non-commercial fan art inspired by our characters on your own social media channels, provided that you do not use our logos or official artwork as if they were your own, do not suggest that your work is official or endorsed by us, do not sell or monetise it, and do not combine our characters with content that is unlawful, hateful, sexually explicit or otherwise harmful to our brand or our community. We may withdraw this permission generally or in a particular case at any time.

7. Linking to the Website and quoting our content

You may link to our home page or to any public page of the Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and that you do not suggest any form of association, approval or endorsement on our part where none exists. You must not link from any website that is not owned by you, or that contains content that is unlawful, misleading or harmful.

Journalists, researchers and commentators may quote reasonable excerpts of our news and research articles, with clear attribution to Plushie Planet and a link to the original article. Press assets and permission for any wider use can be requested at [email protected].

8. Communications and submissions

8.1 Your messages

When you contact us through the contact form, by email or otherwise, you agree that the information you provide is accurate and that you have the right to provide it. We will handle personal data in your messages in accordance with our Privacy Policy. We aim to respond to genuine enquiries but do not guarantee a response to every message or a particular response time, and we may decline to respond to messages that breach these Terms.

8.2 Ideas and feedback

We are always grateful for feedback about the Website and our products. However, we do not accept or consider unsolicited ideas, designs, character concepts, artwork, product proposals or similar creative materials (“Unsolicited Ideas”), so that there is no misunderstanding if our own projects resemble something you have sent. Please do not send them. If you send feedback or Unsolicited Ideas despite this request, you agree that, to the extent permitted by law, they are not confidential, that we have no obligation to review, use, return or compensate you for them, and that we may use them freely, without restriction and without any obligation to you. This section does not affect any separate written agreement we have entered into with you, such as an artist collaboration or licensing agreement, which will govern the materials covered by it.

8.3 Electronic communications

You agree that communications from us in electronic form, including email and notices posted on the Website, satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

9. News, research and forward-looking statements

The Website includes news releases, company announcements, industry analysis, market data and cultural-strategy research. This material is provided for general information only and reflects our views and the information available to us at the date of publication; we do not undertake to update it.

• Business figures. Unless expressly stated otherwise, figures about our business, such as order volumes, shipments, staff numbers, funding or geographic reach, are internal operating data that have not been audited, and terms such as “order volume” should not be read as revenue or profit.
• Third-party data. Market sizes, growth rates, forecasts and other industry statistics are attributed to the third parties that published them. They are estimates whose definitions and methods differ; we do not verify them and do not warrant their accuracy.
• Forward-looking statements. Statements about our plans, strategies, expectations, products in development, partnerships, expansion or future performance are forward-looking statements. They are based on current assumptions and are subject to risks and uncertainties, and actual outcomes may differ materially. You should not place undue reliance on them.

10. No financial, investment or professional advice

Nothing on the Website constitutes financial, investment, legal, tax or other professional advice, or a recommendation to buy, sell or hold any product, asset or security.

Some Content discusses the collectibles market, the cultural and financial value of designer toys, the secondary market, digital ownership, authentication or tokenisation technologies, and our financing. Such Content is commentary and research. In particular:

• nothing on the Website is an offer to sell, or a solicitation of an offer to buy, any security, share, token, digital asset, financial instrument, investment contract or interest in Plushie Planet or any other entity, in any jurisdiction. Any such offer, if ever made, would be made only through formal offering documents in compliance with applicable law and only to persons to whom it may lawfully be made;
• collectibles are not a safe investment. The value of designer toys and collectibles can go down as well as up, can be highly volatile and illiquid, and depends on taste, scarcity, condition and market conditions that nobody can predict. Past prices or resale results are not a reliable indicator of future results. Buy collectibles for enjoyment, and do not spend money you cannot afford to lose;
• any description of technologies such as blockchain-based authentication or digital certificates is informational and does not promise that any such feature will be offered, in any particular form, in any particular country.

Before making any financial decision you should seek independent advice from a suitably qualified professional.

11. Authentic products and counterfeits

Counterfeit and unauthorised copies of designer toys are a serious problem for collectors and creators. Genuine Plushie Planet products are available only through our official channels and authorised retailers. We are not responsible for products purchased from unauthorised sellers, and our product information, statements and any guarantees apply only to genuine products. If you have doubts about the authenticity of a product or a seller, or wish to report suspected counterfeits or infringements, please contact us at [email protected].

12. Third-party websites, platforms and services

The Website contains links to third-party websites and services, including social media platforms and retailers, which are provided for your convenience only. We have no control over their content, products, availability or practices and accept no responsibility for them or for any loss or damage that may arise from your use of them. A link does not imply our endorsement. Your use of third-party websites and services is at your own risk and is governed by their terms and policies.

13. Disclaimer of warranties

To the fullest extent permitted by applicable law, the Website and the Content are provided “as is” and “as available”, without any representation, warranty or condition of any kind, whether express, implied or statutory. Without limiting the foregoing, to the fullest extent permitted by law, we disclaim all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Website will be uninterrupted, timely, secure or error-free; that defects will be corrected; that the Website or the servers that make it available are free of viruses or other harmful components; or that the Content is complete, accurate, current or reliable. You are responsible for implementing sufficient procedures and protections, such as antivirus software, to protect your own devices and data.

This section does not affect any warranty, guarantee or condition that cannot be excluded or limited under the law applicable to you, including statutory guarantees owed to you as a consumer by the seller of any product you buy.

14. Limitation of liability

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; any liability under applicable product-liability law; or any other liability that cannot be excluded or limited under applicable law.

Subject to the preceding paragraph, and to the fullest extent permitted by applicable law:

• we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, data or opportunity, arising out of or in connection with the Website, the Content or these Terms, even if we have been advised of the possibility of such losses;
• we will not be liable for any loss or damage arising from your reliance on any Content, including news, research, market data or forward-looking statements, or from any decision to buy, sell or hold any collectible or other asset;
• we will not be liable for any loss or damage caused by a virus, denial-of-service attack or other technologically harmful material that may infect your devices, programs, data or other proprietary material due to your use of the Website, or for events outside our reasonable control; and
• because the Website is provided free of charge, our total aggregate liability to you for all claims arising out of or in connection with the Website, the Content or these Terms will not exceed one hundred US dollars (US$100).

If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, and the limitations above apply only to the extent permitted by the consumer-protection law of your country of residence. We provide the Website for domestic and private use; we are not liable to consumers for business losses.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

15. Indemnity

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Plushie Planet and its affiliates, and their respective directors, officers, employees, agents, licensors and service providers, from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to your breach of these Terms, your misuse of the Website, or your infringement of any intellectual-property or other right of any person. This section does not apply to consumers to the extent that such an obligation is not permitted by the consumer-protection law of their country of residence.

16. Suspension and termination

These Terms apply for as long as you use the Website. We may, at our discretion and without liability, suspend or block your access to all or part of the Website, including by blocking IP addresses or networks, if we reasonably believe that you have breached these Terms, that your use poses a security risk or may cause harm to us, other users or third parties, or if required by law. Sections 6, 8.2, 9, 10, 13, 14, 15, 18, 19 and 21, and any other provisions which by their nature should survive, survive any termination of your right to use the Website.

17. Intellectual-property complaints

We respect the intellectual-property rights of others and expect the same of everyone who interacts with us. If you believe that any material on the Website infringes your copyright, trademark or other rights, please send a notice to [email protected] with the subject line “IP notice”, containing:

• your name, postal address, telephone number and email address;
• a description of the work or right you claim has been infringed;
• the exact web address (URL) of the material you claim is infringing;
• a statement that you have a good-faith belief that the use is not authorised by the rights owner, its agent or the law;
• a statement, made under penalty of perjury where applicable, that the information in your notice is accurate and that you are the rights owner or authorised to act on its behalf; and
• your physical or electronic signature.

We will review every complete notice promptly and take appropriate action, which may include removing or disabling access to the material. Knowingly submitting a false notice may expose you to liability.

18. Governing law and disputes

18.1 Informal resolution first

Most concerns can be resolved quickly and informally. Before starting any formal proceedings, please contact us at [email protected] with a description of your concern, and allow us at least 30 days to try to resolve it. This does not prevent either party from seeking urgent injunctive relief, and it does not affect any limitation period or any right you have under mandatory consumer law.

18.2 Governing law

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, the Website or the Content, are governed by the laws of the State of Colorado, United States of America, and applicable US federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer, this choice of law does not deprive you of the protection afforded to you by the mandatory provisions of the law of the country in which you have your habitual residence.

18.3 Jurisdiction

Subject to the following paragraph, the state and federal courts located in Denver, Colorado, USA have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, the Website or the Content, and you and we each submit to the personal jurisdiction of those courts.

If you are a consumer, you may bring proceedings in the courts of the country or region in which you have your habitual residence, and we may bring proceedings against you only in those courts, where the law of that country or region so provides.

18.4 Time limit for claims

To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Website must be brought within one (1) year after the cause of action arises; otherwise it is permanently barred. This section does not apply to consumers where a longer limitation period is mandatory under the law of their country of residence.

19. Export controls and sanctions

You may not use the Website in violation of applicable export-control or economic-sanctions laws. You represent that you are not located in a country or region subject to comprehensive US sanctions and that you are not listed on any US government list of prohibited or restricted parties, or on an equivalent list maintained by the United Nations, the European Union or the United Kingdom.

20. Additional provisions for users in certain regions

The following provisions apply to users in the regions indicated and prevail over any conflicting provision of these Terms.

• European Union, European Economic Area and United Kingdom: you have the benefit of the mandatory consumer-protection rules of your country of residence, including statutory rights in relation to goods and digital content that you obtain from a seller, which these Terms do not affect. Under section 14, we are also liable for foreseeable loss caused by our breach of these Terms or our failure to use reasonable care and skill, and the US$100 limitation does not apply to consumers where it is not permitted. If you live in Germany, we are liable without limitation for intent and gross negligence and, for slight negligence, only for breach of essential contractual obligations (Kardinalpflichten), limited to the damage that is typical and foreseeable.
• United Kingdom: if you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts.
• Australia: our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
• New Zealand: nothing in these Terms limits any rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where you are acquiring goods or services as a consumer.
• Brazil: nothing in these Terms affects your rights under the Consumer Defence Code (Law No. 8,078/1990), including the right to bring proceedings in the courts of your domicile.
• Republic of Korea: these Terms are interpreted in accordance with the Act on the Regulation of Terms and Conditions, and any provision that is unfairly disadvantageous to customers is ineffective to that extent. Consumers may bring proceedings in the court having jurisdiction over their domicile.
• Japan: any provision of these Terms that would exempt us from liability for damage caused by our intentional act or gross negligence, or that would otherwise be invalid under the Consumer Contract Act, does not apply to consumers.
• Canada (Québec): where these Terms are entered into by a consumer in Québec, they are subject to the Consumer Protection Act (Québec), and any provision excluding or limiting our liability does not apply to the extent prohibited by that Act. A French version of these Terms is available on the Website.
• United States (New Jersey): nothing in these Terms is intended to limit any right you may have under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act; any provision that is unenforceable in New Jersey does not apply to New Jersey residents.

21. General

• Entire agreement. These Terms, together with our Privacy Policy and any additional terms expressly referenced on the Website, constitute the entire agreement between you and us regarding the Website and supersede any prior agreements on that subject. They do not replace any separate written agreement you have signed with us, such as a licensing, distribution or collaboration agreement, which will prevail for its subject matter.
• Severability. If any provision of these Terms is held invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
• No waiver. Our failure or delay in enforcing any provision of these Terms is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets, provided that this does not reduce your rights under these Terms.
• Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, government action, labour disputes, failures of the internet, power or telecommunications networks, or cyber-attacks.
• No third-party beneficiaries. These Terms do not give any person other than you and us any right to enforce them, except as expressly stated in section 15.
• Relationship. Nothing in these Terms creates any partnership, joint venture, agency, franchise or employment relationship between you and us.
• Language. These Terms are drafted in English. We may provide translations for convenience. If there is any conflict between the English version and a translation, the English version prevails, except where the law of your country of residence requires otherwise.
• Headings. Headings are for convenience only and do not affect interpretation. The words “including” and “in particular” are illustrative and do not limit the generality of the preceding words.
• Notices. We may give you notices by posting them on the Website or, where you have given us your email address, by email. You may give us notices by email to [email protected] or by post to the address in section 1.

22. Contact

If you have any questions about these Terms or the Website, please contact us:

Plushie Planet, 1050 17th Street, Denver, Colorado 80202, United States of America. Email: [email protected]