This is a binding agreement (this “Agreement”) between you and Polyform Products Company, Inc. (“PPC”). Please read the following legal notice and the related PPC Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to PPC by PPC in accordance with the terms of and for the purposes set forth in the Privacy Policy. Review this Agreement carefully as it applies to your access and use of this Web site. By accessing this Web site or any pages hereof, you acknowledge your agreement with and your understanding of this Agreement. This Agreement, as well as applicable laws, statutes, ordinances and regulations, govern any access and use of the PPC Web site.

TERMS AND CONDITIONS

Governing Law:

This Agreement and its performance is governed by the laws of the state of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, United States of America, in all questions and controversies arising out of this Agreement and your use of this Web site.

Assignment:

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Modification:

PPC may, at any time and in its sole discretion, modify this Agreement for any reason and without any prior notice. Your continued use of this Web site will be an acknowledgement by you that your use is conditioned upon the version of this Agreement in affect at the time you access this Web site.

Severability:

This Agreement is severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Headings:

The headings used in this Agreement are included by convenience only and will not limit or otherwise affect this Agreement.

Entire Agreement:

This Agreement, together with any terms incorporated or referred to herein constitute the entire understanding between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the use of this Web site, and may not be amended or modified except in writing or by PPC making such amendments or modifications available on this Web site.

User Registration:

You may provide PPC some or all of the following information to create an account: full name (your legal surname, if an individual) or full name of legal entity, billing address, shipping address, email address, telephone number, credit card information for payment, birthday and any other information required by PPG. You represent and warrant that this information is true and accurate.

Consent to PPC Processing Information About You:

The information you provide to PPC may reveal, or allow others to identify, your nationality, ethnic origin, religion, gender, age, geography, or other aspects of your private life. By providing information to PPG for the purposes of creating your account or adding any additional details of yourself in the Web site, you are expressly and voluntarily accepting the terms and conditions of this Agreement and explicitly consenting to allow PPC to process information about you. Supplying information to PPC, including any information deemed “sensitive” by applicable law, is entirely voluntary on your part. You have the right to withdraw your consent to PPC’s collection and processing of your information at any time, by removing the information from the Web site or by closing your account, but please note that your withdrawal of consent will not be retroactive.

DISCLAIMER AND LIMITATION OF LIABILITY

THE PPC WEB SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES DESCRIBED ON THE PPC WEB SITE OR PROVIDED THROUGH PPC WEB SITE OR ANY WEB SITE LINKED THROUGH THE PPC WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE USER OF THIS WEB SITE IS RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, RELIABILITY AND USEFULNESS OF ANY OPINIONS, SERVICES OR OTHER INFORMATION PROVIDED. USERS OF THIS WEB SITE SHOULD CONSULT THEIR PROFESSIONAL ADVISORS WITH RESPECT TO THEIR SPECIFIC CIRCUMSTANCES. PPC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON ITS WEB SITE. PPC HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL PPC OR ITS AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY PORTION OF THE PPC WEB SITE, ANY SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE PPC WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE PPC WEB SITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY PPC AND WHETHER OR NOT PPC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE TO BEAR ALL COSTS RESULTING FROM THE USE OF THIS WEB SITE AND ITS CONTENT.

Copyright and Trademark Notice:

This Web site is protected by U.S. copyright laws, and may be protected by the copyright laws of other countries and jurisdictions. Except as specifically permitted below, any copy, reproduction, display, performance or retransmission of the contents of this site is strictly prohibited. Any use of the “Sculpey” trademark, or any other trademarks, trade names and logos under which PPC, its affiliates and divisions do business is strictly prohibited absent its prior written consent. In addition, the names, tradenames and trademarks of third parties that may appear in this Web site are proprietary to their respective owners and may be used only with their express written permission. Any use whatsoever of any materials on this Web site is strictly prohibited, unless the prior written permission of PPC and/or the appropriate third party has been secured. Limited permission to view and cache using a browser and to print for non-commercial purposes is hereby granted subject to this Agreement. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of PPC.

Links:

The links from this Web site to other websites are provided for your information and convenience only. PPC does not assume any responsibility or liability with respect to any website linked from this Web site (or any website linking to this Web site), including its content and operation. PPC does not review or monitor such links. A link from this Web site to another website (or a link from another website to this Web site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website.

This Web site may contain “links” to other sites. While we make every effort to link only to those sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.

Linking to this Web site (other than to the home page: www.sculpey.com) without the express written permission of PPC is strictly prohibited. To request permission to link to specific content on this Web site, please contact PPC in writing. PPC may cancel or revoke any permission it may give to link to any content on the PPC Web site at any time, for any reason, without any prior notice, and without any liability to you or any other person. Framing, mirroring, scraping or data mining any content on this Web site in any form and by any method is strictly prohibited.