Terms and Conditions for the Sesame Store
Last Updated: 08/25/2006

Welcome to the Sesame Store, located at Store.SesameWorkshop.Org. This Web Site is operated by Resolution, Inc. (Resolution) as a licensee of Sesame Workshop.

BY USING THIS WEB SITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE STOP USING THIS WEBSITE IMMEDIATELY. WE RESERVE THE RIGHT TO CHANGE THESE TERMS OF SERVICE WITHOUT NOTICE. YOUR CONTINUED USE OF THIS WEB SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using those optional services of the site, you agree to such terms and conditions.

1. Copyright and Ownership. All of the content featured or displayed on this web site, is owned by Resolution, its licensor Sesame Workshop, or its vendors, agents or content providers. All elements of the site, including the general design and the content, are protected by copyright, trademark and other laws relating to intellectual property rights. You may not use any of this content without the prior written permission of the owner of the material. You may not modify the information or materials located on this site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

2. Trademarks. All trademarks, service marks and trade names used on this site are trademarks or registered trademarks of Resolution, its licensor Sesame Workshop or its affiliates, partners or vendors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any way, without the prior written permission of the owner.

3. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.

4. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

5. Accuracy of Information. Resolution attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

6. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Resolution. These links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither Resolution nor its licensor Sesame Workshop are responsible for any content, materials or other information located on any other Web site. If you choose to access any other Web Site linked to or from this Web Site, you do so entirely at your own risk.

7. Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable "anti-spam" laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

8. Your License to Us. User published Content remains the intellectual property of the individual user. By posting Content on our Web Site, you grant Resolution and Sesame Workshop a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

9. Fees. For all charges for any products and services sold on the Web Site, Resolution will bill your credit card or alternative payment method. In the event legal action is necessary to collect on balances due, you agree to reimburse Resolution for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.

10. Force Majeure. Neither Resolution nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

11. Privacy. Your use of our Web Site and Services is subject to our Privacy Policy. Please read our Privacy Policy by clicking here.

12. Account Security. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.

13. Information Control. User published Content does not represent the views of Resolution or any individual associated with Resolution, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Resolution's endorsement of user published Content. Resolution does not vouch for the accuracy or credibility of any user published Content on our Web Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Web Site. Through your use of the Web Site and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks.

14. DISCLAIMERS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER RESOLUTION, ITS LICENSOR SESAME WORKSHOP NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER RESOLUTION, THEIR LICENSOR SESAME WORKSHOP NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RESOLUTION AND ITS LICENSOR SESAME WORKSHOP HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RESOLUTION AND ITS LICENSOR SESAME WORKSHOP HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

15. LIMITATIONS OF LIABILITY. Neither Resolution nor its licensor Sesame Workshop assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT WILL RESOLUTION, ITS LICENSOR SESAME WORKSHOP, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

16. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Resolution to the extent necessary to resolve any inconsistency or ambiguity between them. This Web Site is administered by Resolution from its offices in Vermont. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Vermont, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the courts of the State of Vermont or the United States District Court of Vermont. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17. Indemnity. You agree to defend, indemnify and hold Resolution and Sesame Workshop and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.

18. Release. In the event that you have a dispute with one or more other users of the Web Site, you release Resolution and its licensor Sesame Workshop (and their officers, directors, trustees, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

19. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice. We may also block your access to our Web Site in the event that you breach these Terms of Service; we are unable to verify or authenticate any information you provide to us; or we believe that your actions may cause financial loss or legal liability for you, our users or us.

20. We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms of service and all incorporated agreements may be automatically assigned by Resolution in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 8 (License), 15 (Liability Limit), and 17 (Indemnity) 18 (Release) shall survive any termination or expiration of this Agreement.

21. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE. In operating the Web Site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:

Designated Agent: Frank Linkh

Address of Designated Agent:
Resolution, Inc.
19 Gregory Drive
South Burlington, VT 05403

Telephone Number of Designated Agent: (800) 862-8900

E-mail Address of Designated Agent: flinkh@resodirect.com

Please provide the following notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;

2. Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;

3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

5. Your address, telephone number, and email address; and

6. Your physical or electronic signature.

22. Entire Agreement. These terms and conditions are the entire agreement between the user and Resolution and supersedes any prior understandings or agreements (written or oral).

23. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at sesamestore@ordering.com or by phone at (800) 931-5907.

24. Copyright Notice. Copyright (c) 2006 Resolution, Inc. All rights reserved. No material herein may be reproduced in any form by any means without the express written consent of Resolution, Inc. The software and other technology components of this Web Site are (c) 2006 Resolution, Inc. or its affiliates and suppliers.