This stuff is incredibly boring important.


Even though this was written by lawyers, a profession which many of us have mixed feelings  about, our lawyers are wonderful people who we care about, even inviting them into our homes  now and then for a drink (but never for dinner because that’s too much social interaction for us).  Read this stuff, because when you use our website and other services, you agree to all of it.  


Terms of Use 

This Terms of Use (TOU) is a legal agreement between SUPERPLASTIC ("we", "our", "us")  and you, the visitor, governing your access to and use of all content and functionalities available  at the SUPERPLASTIC website and related micro-sites accessed through the URL  WWW.SUPERPLASTIC.CO and related domain names, and any other website or micro-site of  SUPERPLASTIC to which this TOU is applied (collectively the "Site"). 

SUPERPLASTIC is a Delaware corporation having an address at 47 Maple Street, Suite 300,  Burlington, Vermont 05401.  

By visiting the Site, you are accepting and consenting to the terms set forth in this TOU. If you  do not agree with all of the provisions of this TOU, you are prohibited from accessing, using, or  transacting on the Site. We may modify the TOU from time to time. Your continued use of this  

Site following such change shall signify your agreement to be bound by the modified TOU. If  you do not agree to any change to the TOU, then you must immediately stop using the Site.  

Certain features of the Site are subject to other guidelines, terms, or rules, which are located on  the Site in connection with such features. All such additional terms, guidelines, and rules are  hereby incorporated by reference into this TOU and you expressly agree to and acknowledge  them.  

To use the Site. you must read and agree to be bound by our policies relating to those services. In  particular, we draw your attention to our policies relating to the terms of purchase and our  Privacy Policy. If you are under 18, you must let your parent or guardian know about  SUPERPLASTIC's Privacy Policy before you register to use this Site or any of this Site's  services. Please read the TOU and check back often.   

Please refer to our Privacy Policy for information about how we use your data. 



The purchase of merchandise through SUPERPLASTIC is strictly limited to parties who can  lawfully enter into and form contracts on the Internet in accordance with the laws of the State of  Delaware or where you are when you access the Site

In order to make purchases on the Site you will be required to have a valid account in your name.  You also will be required to provide payment details that you represent and warrant are both  valid and correct and confirm that you are the person referred to in the Billing information  provided.  

The Site is available only to individuals and others who meet the SUPERPLASTIC terms of  eligibility, who have been issued a valid credit/debit card by a bank acceptable to  SUPERPLASTIC, whose applications are acceptable to SUPERPLASTIC and who have  authorized SUPERPLASTIC to process a charge or charges on their credit/debit card in the  amount of the total purchase price for the merchandise which they purchase. SUPERPLASTIC  reserves the right to restrict multiple quantities of an item being shipped to any one customer or  postal address. 

By making an offer to purchase merchandise you expressly authorize us to perform credit checks  and where SUPERPLASTIC feels necessary, to transmit or to obtain information (including any  updated information) about you to or from third parties, including but not limited to your  credit/debit card number or credit reports (including credit reports for your spouse if you reside  in a community property jurisdiction), to authenticate your identity, to validate your credit/debit  card, to obtain an initial credit/debit card authorization and to authorize individual purchase  transactions.  

Furthermore, you agree that we may use Personal information provided by you in order to  conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to  a credit reference or fraud prevention agency, which may keep a record of that information.  

Please refer to our Privacy Policy for further information about how we use your data.



We ship from our lovely warehouse in Cerritos, California.  

All orders are subject to acceptance and availability, and items in your shopping basket are not  reserved and may be purchased by other customers. 

Orders do not ship until they have been fully processed, which can take up to 2 business days.  Please take order processing time into consideration before placing your order.  

After completion of purchase you have 5 days to cancel your order if you so wish. That would  make us really freakin’ sad, but we get it, shit happens.  



If you pre-order a product, please note that the inventory has not arrived in the Superplastic  warehouse and may still be in production. It’s unlikely, but sometimes unanticipated issues  during production may cause an item to be delayed or cancelled if it doesn’t meet our standards. 

Pre-orders can be canceled five days after purchase because these super limited-edition toys are  made special for you! After those five days have passed, you may not cancel your order.  Delivery windows may change, depending on multiple factors that are beyond our control. We  try to keep our amazing customers updated on these details when needed.  

We provide customers who’ve purchased a pre-order with a delivery estimate for when the item  leaves our warehouse and ships. However, there is no guarantee the item will deliver during that  time frame. Anticipate that the order could arrive before or after the dates we’ve approximated. 

SUPERPLASTIC offers products for sale that are in stock and available for dispatch from our  distribution center. Occasionally however, we may be waiting for shipments from our designer  suppliers. Consequently you may from time to time be given the possibility of making an  Advance Payment for certain items in which case you are able to make an Advance Purchase.  This will ensure that you receive this item in priority once designer stock has been delivered to  SUPERPLASTIC. SUPERPLASTIC will only take Advance Purchase orders for stock that has  been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are  the same as those for any other purchase at SUPERPLASTIC. Alternatively, you may simply  choose to register your email address for notification of arrival of the selected merchandise not  held in stock.  

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers  making Advance Payments will receive items in priority to customers on the Waiting List or  customers ordering through the Site for immediate delivery. Please be aware that we may be  unable to deliver selected Advance Payment merchandise due to production problems or quality  check issues identified when we receive an order into stock. In these circumstances we will  notify you by email and refund the Advance Payment to your credit/debit card within thirty days  of being advised that merchandise has become unavailable.  

If you have registered your email address for notification of the arrival of a specific product  featured on our Site, we will attempt to notify you by email within 48 hours of the product  becoming available on the Site. Please be aware that on occasion certain products that are in  particularly high demand will sell out during this period.  

SUPERPLASTIC will store a record of your transactions for a minimum of one year.



We ship from an amazing warehouse located in the sunny state of California in the United  States! This means that orders being shipped to outside the US may incur customs fees. These  are 100% out of our control! We do not cover customs values on any orders. For more  information about the fees and taxes you can contact your local customs office!  

No, Superplastic cannot change the value on your package :( We are held to some VERY strict  shipping laws and breaking those laws can result in us being banned from shipping to specific  countries. To make sure that we can ship your figures and you can get them, we must list the  retail value of the order ❤ 

If you feel you have been overcharged on duties and taxes, you should fill out a claim with your  local customs office. 

If your shipment is sent or transferred via the postal system, waiting is often the best option, as  tracking can be unreliable and it’s often better to wait. Your shipment will come eventually, but  it might take some time. If your package is being sent by DHL or FedEx and you have not  received your package after 45 days, we can file a claim with our fulfillment provider and the  postal carrier. Any questions about the location of your package, try contacting them directly by  phone.  



Our fabulous lawyers asked us to add this: In the case in which the charges are not paid or the  shipment is refused or abandoned, the shipment costs and customs duties will be deducted from  the order’s overall total, and the difference reimbursed once we receive the items back. We ship  to over 100 countries and this cost will vary depending on the country.  



Promotional Orders are a final sale (this includes any discounted promotions and includes Secret  Drops and Special Events). We cannot honor sale/promotional pricing once a sale or promotion  has ended. We do not allow stacked discounts.  



We are unable to offer price adjustment on items originally purchased in a sale or on any special  promotion items that are temporarily reduced in price. Once an item has been purchased at a  discounted sale price, no price adjustment will be offered to the product once said sale has ended.  



Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within  the USA, local sales tax will be charged where applicable. No other tax or import duty will be  applied to orders shipped within the USA. All prices and offers remain valid as advertised from  time to time. The US Dollar price of a product displayed on the Site at the time the order is  accepted will be honored, except in cases of patent error. 

From time to time, prices are subject to change in response to currency exchange rates,  markdowns and other commercial factors. The price applicable to your order will be the price  current at the time your order is accepted. 

Customers purchasing from a country served as DDP will incur relevant import duty and tax.  These costs are included in the final purchase price. Customers purchasing from a country served  as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs  will be invoiced to you directly from DHL or FedEx, or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to  purchase completion. 

If you are a customer whose credit/debit card is not denominated in US Dollars, the final price  will be calculated in accordance with the applicable exchange rate on the day your card issuer  processes the transaction. 

Superplastic reserves the right to change prices at any time. Purchase prices are final at the date  of purchase. 



Once you have made your choice and your order has been placed, you will receive an email  acknowledging the details of your order. This email is NOT an acceptance of your order.  

Unless you cancel your order, acceptance of your order will be perfected upon completion of the  packing of your order. Completion of the contract between you and SUPERPLASTIC will be  perfected when we dispatch the goods to you at which time you will receive a second email  containing your tracking number, and confirming that your order has been dispatched. The sale  contract is therefore concluded in the State of Delaware, USA, and the language of the contract is  in English. Neither our third party payment processor nor our nominated courier has the  authority to accept an order on behalf of SUPERPLASTIC.  

We reserve the right not to accept your order in the event, for example, that we are unable to  obtain authorization for payment, that shipping restrictions apply to a particular item, that the  item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or  that you do not meet the eligibility criteria set-out within the TOU.  

We may also refuse to process and therefore accept a transaction for any reason or refuse service  to anyone at any time at our sole discretion. We will not be liable to you or any third party by  reason of our withdrawing any merchandise from the Site whether or not that merchandise has  been sold, removing, screening or editing any materials or content on the Site, refusing to  process a transaction or unwinding or suspending any transaction after processing has begun.  

Whilst every effort is made to make sure details on our website are accurate, we may from time  to time discover an error in the pricing of products. If we discover an error in the pricing of a  product in your order, we will let you know as soon as possible. We shall be under no obligation  to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the  right to cancel such an order that has been accepted or is in transit. If you order a product that is  priced incorrectly for any reason, we will email or telephone you to inform you that we have not  accepted your order and/or that the relevant part of your order has been cancelled. If you have  already paid for the goods, we shall refund the full amount as soon as we are able. In the event  that products are recalled in transit, we will process your refund once the products have been  returned to us. 



Payment can be made by Visa, MasterCard and American Express, and any other methods which  may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal  and AfterPay. When selecting this option at checkout, you will be directed to the PayPal or  AfterPay site to 'Log In' and review the amount shown before clicking 'Pay Now.' Once this  transaction is complete, you will then return to SUPERPLASTIC.CO. Payment will be debited  and cleared from your account upon dispatch of your order by SUPERPLASTIC. You confirm  that the credit/debit card that is being used is yours or that you have been specifically authorized  by the owner of the credit/debit card to use it. All credit/debit card holders are subject to  validation checks and authorization by the card issuer. If the issuer of your payment card refuses  to authorize payment to SUPERPLASTIC, we will not be liable for any delay or non-delivery.  


AfterPay Terms of Service 

We take reasonable care to make our Site is secure. All credit/debit card transactions on this site  are processed using Shopify, a secure online payment gateway that encrypts your card details in  a secure host environment. If you are a registered SUPERPLASTIC user, we will securely store  your credit/debit card details in our systems. These details will be fully encrypted and only used  to process card transactions which you have initiated.  

To help ensure that your shopping experience is safe, simple, and secure, SUPERPLASTIC uses  Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in  our power to do so, to keep the details of your order and payment secure, but in the absence of  negligence on our part we cannot be held liable for any loss you may suffer if a third party  procures unauthorized access to any data you provide when accessing or ordering from the Site.  



SUPERPLASTIC gift cards are virtual and are sold subject to the following terms and  conditions:  

No fees are imposed on SUPERPLASTIC Gift Cards and they expire after one year on the date  of purchase. Gift Cards can be redeemed against all products on the WWW.SUPERPLASTIC.CO site. 

Gift Cards are non-transferable, can only be used on the SUPERPLASTIC site for which they are  issued and may not be returned or redeemed for cash. 

Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and  payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.  

SUPERPLASTIC is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent  email address, this is the sole responsibility of the purchaser. 

SUPERPLASTIC is not responsible if a Gift Card is lost, stolen, destroyed or used without  permission. 

SUPERPLASTIC reserves the right to cancel a Gift Card if we deem such action necessary. 

Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free  shipping codes which can be applied to Boxed Gift Card orders.  

Sales tax and shipping is applicable on any products purchased with a SUPERPLASTIC Gift  Card. 

If your order total is less than the value of the Gift Card, the remaining balance will be credited  to your account and will be redeemed against subsequent orders. You may check your Gift Card  balance online via your My Account page.  

If your order exceeds the value of the Gift Card and you have existing store credit on your  account, this will automatically be redeemed to cover the remaining balance. All remaining  balances exceeding the value of your gift credit or store credit must be paid by credit or debit  card. 

If you return products you have purchased using a Gift Card, the remaining balance will be  credited to your account as store credit and will be redeemed against subsequent orders. You  may check your Store Credit balance online via your My Account page.  



You will own the goods on and from the later of the point in time when: (a) we receive payment  in full, or (b) we deliver the goods to you.  

SUPERPLASTIC insures each purchase during the time it is in transit until it is delivered to your  specified delivery address. We require a signature for any goods delivered, at which point  responsibility for your purchased goods passes to you. If you have specified a recipient who is  not you for delivery purposes (for example as a gift) then you accept that evidence of a signature  by them (or at that delivery address) is evidence of delivery and fulfillment by SUPERPLASTIC,  and transfer of responsibility in the same way. The goods are your responsibility from the time  we deliver them to the address you gave us.  

The signature can be waived for domestic orders dispatched via UPS. When placing an order, the  signature requirement is set by default; however, you can update your preference on the shipping  page before proceeding to purchase. Please note, that if no signature is collected, you agree to  our terms and conditions and confirm that SUPERPLASTIC can leave your package(s) outside  the premises at the shipping address provided by you without obtaining a signature for proof of  delivery. You authorize SUPERPLASTIC to leave the package(s) at the shipping address  without obtaining a signature and release and indemnify SUPERPLASTIC from liability for any  loss or damage that may result from leaving the package(s) at your shipping address without  obtaining a signature. 

Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods.  Delivery times appearing on the Site are estimates and are to be used as a guide only and  commence from the date of dispatch. In any event, we will deliver the goods to you within 30  days of the day on which we accept your order. SUPERPLASTIC is not responsible for any  delays caused by destination customs clearance processes. If delivery is delayed by any event  outside of our control, we will contact you as soon as possible to let you know and we will take  steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays  caused by the event, but if there is a risk of substantial delay you may contact us to cancel your  order and we will give you a refund for any goods you have paid for but not received.  



Apparel returns will only be accepted in original sealed packaging. There will be a $3 restocking  fee. 

Since our toys are hand-painted, limited edition pieces of art, all returned toys must be in their  original, unopened boxes. We won’t accept open box toys back as a return.  

Due to our figures being hand painted there can be variations between figures, if you receive a  figure that you feel has a paint defect please contact customer service. Returns based on paint  will be taken on a case by case basis. 

If you unbox your toy and it’s damaged (e.g., the product has missing accessories, lost parts,  broken in half, or comes alive and stalks you in your sleep etc.) please send us images of the  damage for us to review. If we determine that the damage qualifies for an exchange, we’ll  replace it for a non-damaged item, depending on the availability of the item at the time.  Unfortunately, if a replacement isn’t available, we will offer a different item or store credit for a  future purchase… or a virtual hug if that’s what you really need.  

If your purchase is not what you expected, you have 15 days after receiving your order to return  by sending your items back to us for a full refund minus a $3 restocking fee. If you return an  item after the 15 day window, you will receive store credit.  

Return labels will only be issued for damaged products and only up to the value of the order.  

If you'd like to make a return, please pack it well with all the packaging and accessories and send  it to the address below.  

Superplastic Returns 

Bergen Logistics  

16012 Arthur St  

Cerritos, CA 90703 



Please note you can only exchange items for a different size, based on stock availability. If you  wish to exchange your item for an alternative product, we suggest that you return it for a store  credit and purchase the new item separately. 

Shipping is complementary on the replacement item, but exchanges made to destinations outside  of the U.S. will be processed for customs clearance and therefore any relevant import duty and  tax charges will apply. If you selected PayPal when you placed your order, any applicable taxes  and duties on your exchange should be paid with your debit or credit card. See costs for Shipping  and Returns.  



We offer a flexible returns policy to make your online shopping experience even easier.  However, customers returning items repeatedly may be refused at our discretion. 

CANADIAN CUSTOMS - Canada Border Services Agency 

SUPERPLASTIC, a division of YNAP Corporation (hereinafter referred to as  "SUPERPLASTIC"), is an approved CREDITS participant with the Canada Border Services  Agency (CBSA). By ordering goods from SUPERPLASTIC, I hereby authorize DHL Express  (Canada) Ltd. an approved customs broker in CREDITS, to act as my agent, and to transact  business with the CBSA to obtain release of my merchandise, account for duties and taxes,  return merchandise to SUPERPLASTIC, and electronically submit refund claims on my behalf.  Under the CREDITS program, I understand that the CBSA will send any refund of duties and  taxes that were paid on the returned merchandise to the customs broker, and that I will obtain the  refund directly from SUPERPLASTIC. Further, I also authorize DHL Express (Canada) Ltd. to  forward any refund issued by the CBSA in my name, so that SUPERPLASTIC can be  reimbursed.  



Items should be returned unused and with all SUPERPLASTIC and designer garment tags still  attached. Returns that are damaged or soiled will not be accepted and will be returned to the  customer. 

Where provided, any designer packaging such as plastic packaging, boxes should be included  with your return. All returns should be requested before you send your item(s) back to us to  allow for easy identification and prompt processing. Unidentified items will be returned to the  sender.  



Goods are classified as faulty if they are not of satisfactory quality, fit for purpose or as  described. Please note that items which are damaged or as a result of normal wear and tear; by  accident; or through misuse will not be considered faulty. 

If your item is faulty when you receive it, you can return it for a refund within 30 days from the  date you received it. If you have owned your item for longer than this, and certainly over 6  months, then please contact Customer Care. 








We have made every effort to display as accurately as possible the colors of our products that  appear on the Site. We cannot guarantee that your computer monitor's display of any color will  be accurate.  



For NFTs sold through our Site, the following additional terms apply.  

In some cases, we will offer an NFT in conjunction with the sale of a Janky. This will be  indicated on the Site where applicable. When you elect to “Buy” from the Site, you will checkout  as set forth above and as indicated on the Site. You will receive a link (which may come from  one of our business partners) to redeem the NFT at the email indicated in your Account profile.  You will need to obtain your own Ethereum-compatible wallet. To redeem, click the link, and  enter the public key for your Ethereum-compatible wallet and the email address associated with  your account and select “submit.” Subject to verification and confirmation of your email and  validity of the link, the NFT will be transferred to your wallet.  

You understand and acknowledge that the NFT transaction is implemented via a smart contract  on the Ethereum platform. Successful execution of the transaction is subject to the proper  operation of the smart contract and the Ethereum platform which is beyond the control of  Superplastic. The Ethereum platform is subject to change and NFT transactions may be  adversely impacted by any such changes. You hereby acknowledge and assume all risks  associated with use of the smart contracts, the Ethereum platform and your wallet and take full  responsibility and liability for the outcome of any transaction or failed transaction, whether or  not they behave as expected or intended.  

We make no representations or warranties, express or implied, written or oral, in connection with  any Ethereum transaction or related technology.  

The NFT represents ownership of certain rights to a single instance of a digital file associated  with the NFT. Upon successful transfer of the NFT to your wallet, you own the NFT, but you  only obtain a limited license to use the digital file. The limited license to the digital file is a  license to use it for your own personal, non-commercial use and, to display it. The license does  not grant you any other rights. All rights, including all copyrights, not expressly granted to you  by the limited license are reserved to Superplastic or its licensors. You agree that you will not  use the digital file for any unauthorized purpose, including, without limitation, you will not copy  or modify the digital file, use the content of the digital file to market or sell any file or product  including the content or any other commercial purpose.  



Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs,  trademarks and all other intellectual property and material rights relating to the Content (as  described in the Content section below), including SUPERPLASTIC Software and all HTML  and other code contained in this Site. All such Content including third party trademarks, designs,  and related intellectual property rights mentioned or displayed on this Site are protected by  national intellectual property and other laws and international treaty provisions. You are  permitted to use the Content only as expressly authorized by SUPERPLASTIC and/or its third  party licensors. Any reproduction or redistribution of the above listed Content is prohibited and  may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the  above listed materials to any other server, location or support for publication, reproduction or  distribution is expressly prohibited. However, you are permitted to make one copy for the  purposes of viewing Content for your own personal use. 

All intellectual property rights in any digital file associated with an NFT and any content  contained therein are and shall remain owned by Superplastic and its licensors.  



In addition to the Intellectual property rights mentioned above, "Content" is defined as any  graphics, photographs, including all image rights, sounds, music, video, audio or text on this  Site. SUPERPLASTIC tries to ensure that the information on this site is accurate and complete.  SUPERPLASTIC does not promise that SUPERPLASTIC's Content is accurate or error-free.  SUPERPLASTIC does not promise that the functional aspects of the Site or SUPERPLASTIC's  Content will be error free or that SUPERPLASTIC Content or the server that makes it available  are free of viruses or other harmful components. We always recommend that all users of the  Internet ensure they have up to date virus checking software installed.  

The personal opinions of the designers and labels whose products we sell, or any third parties  with whom we are associated are their own and do not necessarily reflect the views of  SUPERPLASTIC and we accept no responsibility for any such views expressed in any media. 



This Site is for your personal non-commercial use only. You may not modify, copy, distribute,  transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative  works from, transfer, or sell any Content, software, products, or services contained within this  

Site. You may not use this Site, or any of its Content, to further any commercial purpose,  including any advertising or advertising revenue generation activity on your own Site.  



You use this Site at your sole risk. You agree that you will be personally responsible for your use  of this Site and for all of your communication and activity on this Site. We reserve the right to  deny you access to this Site, or any part of this Site, at any time without notice. If we determine,  in our sole discretion, that you engaged in prohibited activities, were not respectful of other  users, or otherwise violated the TOU, we may deny you access to this Site on a temporary or  permanent basis and any decision to do so is final. You agree that you shall not remove, obscure,  or alter any proprietary rights notices (including copyright and trademark notices) which may be  affixed to or contained within the Site.  

You agree not to collect or harvest any personally identifiable information, including account  names, from the Site, nor to use the communication systems provided by the Site for any  commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of  the Site with respect to any submissions made by them.  



We may include hyperlinks on this Site to other websites or resources operated by parties other  than SUPERPLASTIC, including advertisers. SUPERPLASTIC has not reviewed all of the sites  linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor  are we responsible for the availability of such external websites or resources, and do not endorse  and are not responsible or liable, directly or indirectly, for the privacy practices or the content of  such websites, including (without limitation) any advertising, products or other materials or  services on or available from such websites or resources, nor for any damage, loss or offence  caused or alleged to be caused by, or in connection with, the use of or reliance on any such  content, goods or services available on such external websites or resources. 



While SUPERPLASTIC will use reasonable endeavors to verify the accuracy of any information  it places on the Site, it makes no warranties, whether express or implied in relation to its  accuracy. This Site is provided on an "as is" and "as available" basis without any representation  or endorsement made and we make no warranties of any kind, whether express or implied, in  relation to this Site, or any transaction that may be conducted on or through this Site including  but not limited to, implied warranties of non-infringement, compatibility, security, accuracy,  conditions of completeness, or any implied warranty arising from course of dealing or usage or  trade. 

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely,  secure or error-free, that defects will be corrected, or that this Site or the server that makes it  available are free of viruses or bugs or represents the full functionality, accuracy, reliability of  the materials. We will not be responsible or liable to you for any loss of Content or material  uploaded or transmitted through this Site. 

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any  kind, whether express or implied, in relation to the products available through this Site including  but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.  

Nothing in these TOU shall limit your rights as a consumer under the laws of the State of New  York.  

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for  the security or privacy of this Site and any information provided to or taken from this Site by  you.  

You agree that, except for death and personal injury arising from our negligence, We will not be  liable in contract, tort (including, without limitation, negligence), pre-contract or other  representations (other than fraudulent misrepresentations) or otherwise out of or in connection  with this contract, for any economic losses (including without limitation, loss of revenues,  profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any  special or indirect or consequential losses in any case whether or not such losses were incurred  by that party arising out of or in connection with the provisions of any matter under the TOU.  



At our request, you agree fully to defend, indemnify and hold harmless SUPERPLASTIC  immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from  and against all liabilities, claims, expenses, damages and losses, including legal fees, arising  from any breach of the TOU by you or any other liabilities arising out of your use of this Site, or  the use by any other persons accessing this Site using your Internet account. We reserve the  right, at our own expense, to assume the exclusive defense and control of any matter otherwise  subject to indemnification by you hereunder. This defense and indemnification obligation will  survive these TOU and your use of the Site and the Services.  



If you are a copyright owner or an agent thereof and believe that any Content infringes upon  your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act  ("DMCA") by providing our Copyright Agent with the following information in writing:  

A physical or electronic signature of a person authorized to act on behalf of the owner of an  exclusive right that is allegedly infringed;  

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted  works at a single online site are covered by a single notification, a representative list of such  works at that site; Identification of the material that is claimed to be infringing or to be the  subject of infringing activity and that is to be removed or access to which is to be disabled and  information reasonably sufficient to permit the service provider to locate the material; 

Information reasonably sufficient to permit the service provider to contact you, such as an  address, telephone number, and, if available, an electronic mail; A statement that you have a  good faith belief that use of the material in the manner complained of is not authorized by the  copyright owner, its agent, or the law; and A statement that the information in the notification is  accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an  exclusive right that is allegedly infringed.  

Please contact our Copyright Agent as follows:  






(a) Complete Terms: The TOU constitute the whole legal agreement between you and  SUPERPLASTIC and govern your use of the Services and completely replace any prior  agreements between you and SUPERPLASTIC in relation to the Services. Notwithstanding the  foregoing, you understand that SUPERPLASTIC may make changes to the TOU from time to  time. When these changes are made, SUPERPLASTIC will make a new copy of the TOU

available at HTTP://WWW.SUPERPLASTIC.CO. You agree that SUPERPLASTIC is under no  obligation to provide you with notices regarding changes to the TOU. You understand that it is  your responsibility to check the TOU regularly for changes.  

(b) Modifications to the Services: SUPERPLASTIC is constantly innovating in order to provide  the best possible experience for its users. You acknowledge and agree that the form and nature of  the Services which SUPERPLASTIC provides may change from time to time without prior  notice to you. You further acknowledge and agree that SUPERPLASTIC may stop (permanently  or temporarily) providing the Services (or any features within the Services) to you or to users  generally at SUPERPLASTIC's sole discretion, without prior notice to you.  

(c) Confidentiality: You understand that SUPERPLASTIC grants the operators of public search  engines permission to use spiders to copy materials from the site for the sole purpose of creating  publicly available searchable indices of the materials, but not caches or archives of such  materials. SUPERPLASTIC reserves the right to revoke these exceptions either generally or in  specific cases. 

(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of  the TOU. You understand that you are solely responsible for (and that SUPERPLASTIC has no  responsibility to you or to any third party for) any breach of your obligations under the TOU and  for the consequences (including any loss or damage which SUPERPLASTIC may suffer) of any  such breach.  

(e) Rights Not Waived: You agree that if SUPERPLASTIC does not exercise or enforce any  legal right or remedy which is contained in the TOU (or which SUPERPLASTIC has the benefit  of under any applicable law), this will not be taken to be a formal waiver of SUPERPLASTIC's  rights and that those rights or remedies will still be available to SUPERPLASTIC. 

(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that  any provision of these TOU is invalid, then that provision will be removed from the TOU without affecting the rest of the TOU. The remaining provisions of the TOU will continue to be  valid and enforceable.  

(g) Governing Law: The TOU, and your relationship with SUPERPLASTIC under the TOU,  shall be governed by the laws of the State of Delaware. You and SUPERPLASTIC agree to  submit to the exclusive jurisdiction of the State and Federal courts in Delaware, and waive any  claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any  applicable law or decision or otherwise.  

(h) Violation of TOU: Please report any violations of the TOU by emailing  SUPER@SUPERPLASTIC.CO. 

(i) Independent Relationship: You and SUPERPLASTIC are independent contractors, and these  TOU, including but not limited to submission or distribution of any Content you created, will  not, in whole or in part, establish any relationship of partnership, joint venture, employment,  franchise or agency between the you and SUPERPLASTIC. Neither party will have the power to 

bind the other or incur obligations on the other's behalf without the other's prior written consent.  Neither party is authorized to act as an agent or representative of the other or for or on behalf of  the other party in any capacity other than as expressly set forth in the TOU. Neither party shall in  any manner advertise, represent or hold itself (or any of its agents) out as so acting or being  authorized to act, or incur any liabilities or obligations on behalf of, or in the name of, the other  party, unless specifically provided for in the TOU.  

Superplastic® Privacy Policy 


This Privacy Policy describes how your personal information is collected, used, and shared when  you visit or make a purchase from (the “Site”). 

Personal Information We Collect 

When you visit the Site, we automatically collect certain information about your device,  including information about your web browser, IP address, time zone, and some of the cookies  that are installed on your device. Additionally, as you browse the Site, we collect information  about the individual web pages or products that you view, what websites or search terms referred  you to the Site, and information about how you interact with the Site. We refer to this  automatically-collected information as “Device Information”.  

We collect Device Information using the following technologies:  

- “Cookies” are data files that are placed on your device or computer and often include an  anonymous unique identifier. For more information about cookies, and how to disable cookies,  visit  

- “Log files” track actions occurring on the Site, and collect data including your IP address,  browser type, Internet service provider, referring/exit pages, and date/time stamps. 

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how  you browse the Site.  

- Additionally when you make a purchase or attempt to make a purchase through the Site, we  collect certain information from you, including your name, billing address, shipping address,  payment information (including credit card numbers, email address, and phone number. We refer  to this information as “Order Information”.  

- When we talk about “Personal Information” in this Privacy Policy, we are talking both about  Device Information and Order Information.  

How Do We Use Your Personal Information? 

We use the Order Information that we collect generally to fulfill any orders placed through the  Site (including processing your payment information, arranging for shipping, and providing you  with invoices and/or order confirmations). Additionally, we use this Order Information to:  

- Communicate with you;  

- Screen our orders for potential risk or fraud; and 

- When in line with the preferences you have shared with us, provide you with information or  advertising relating to our products or services.  

We use the Device Information that we collect to help us screen for potential risk and fraud (in  particular, your IP address), and more generally to improve and optimize our Site (for example,  by generating analytics about how our customers browse and interact with the Site, and to assess  the success of our marketing and advertising campaigns).  

Sharing Your Personal Information  

We share your Personal Information with third parties to help us use your Personal Information,  as described above. For example, we use Shopify to power our online store--you can read more  about how Shopify uses your Personal Information here:  We also use Google Analytics to help us understand how our customers use the Site -- you can  read more about how Google uses your Personal Information here: 

You can also opt-out of Google Analytics here:  

Finally, we may also share your Personal Information to comply with applicable laws and  regulations, to respond to a subpoena, search warrant or other lawful request for information we  receive, or to otherwise protect our rights. 

Behavioral Advertising 

As described above, we use your Personal Information to provide you with targeted  advertisements or marketing communications we believe may be of interest to you. For more  information about how targeted advertising works, you can visit the Network Advertising  Initiative’s (“NAI”) educational page at online-advertising/how-does-it-work.  

You can opt out of targeted advertising by using the links below:  

- Facebook: 

- Google:  

- Bing: 

- Additionally, you can opt out of some of these services by visiting the Digital Advertising  Alliance’s opt-out portal at: 

SMS/MMS Mobile Message Marketing Program Terms and Conditions  

Superplastic (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the  “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms  and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of  our Programs, you accept and agree to these terms and conditions, including, without limitation,  your agreement to resolve any disputes with us through binding, individual-only arbitration, as  detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program  and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the  relationship between you and Us in other contexts.  

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively  opting into the Program, such as through online or application-based enrollment forms.  Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement  applies to your participation in the Program. By participating in the Program, you agree to  receive autodialed or prerecorded marketing mobile messages at the phone number associated  with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be  interpreted to suggest or imply that any or all of Our mobile messages are sent using an  automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may  apply.  

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to  this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any  mobile message from Us in order to opt out of the Program. You may receive an additional  mobile message confirming your decision to opt out. You understand and agree that the  foregoing options are the only reasonable methods of opting out. You also understand and agree  that any other method of opting out, including, but not limited to, texting words other than those  set forth above or verbally requesting one of our employees to remove you from our list, is not a  reasonable means of opting out.  

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone  number that has been used to subscribe to the Program, including canceling your service plan or  selling or transferring the phone number to another party, you agree that you will complete the  User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and  conditions. You further agree that, if you discontinue the use of your mobile telephone number  without notifying Us of such change, you agree that you will be responsible for all costs  (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery  of the mobile messages, as a result of claims brought by individual(s) who are later assigned that  mobile telephone number. This duty and agreement shall survive any cancellation or termination  of your agreement to participate in any of our Programs. 


Program Description: Without limiting the scope of the Program, users that opt into the Program  can expect to receive messages concerning the marketing and sale of digital and physical  products, services, and events.  

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile  messages, and additional mobile messages may be sent periodically based on your interaction  with Us. 

Support Instructions: For support regarding the Program, text “HELP” to the number you  received messages from or email us at Please note that the use of this  email address is not an acceptable method of opting out of the program. Opt outs must be  submitted in accordance with the procedures set forth above. 

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile  device does not support MMS messaging.  

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available  in all areas at all times and may not continue to work in the event of product, software, coverage  or other changes made by your wireless carrier. We will not be liable for any delays or failures in  the receipt of any mobile messages connected with this Program. Delivery of mobile messages is  

subject to effective transmission from your wireless service provider/network operator and is  outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages. 

Participant Requirements: You must have a wireless device of your own, capable of two-way  messaging, be using a participating wireless carrier, and be a wireless service subscriber with  text messaging service. Not all cellular phone providers carry the necessary service to  participate. Check your phone capabilities for specific text messaging instructions.  

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13)  years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and  eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the  age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your  parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in  your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that  you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. 

Prohibited Content: You acknowledge and agree to not send any prohibited content over the  Platform. Prohibited content includes:  

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;  

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred,  and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or  age; 

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;  

- Any product, service, or promotion that is unlawful where such product, service, or promotion  thereof is received; 

- Any content that implicates and/or references personal health information that is protected by  the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information  Technology for Economic and Clinical Health Act (“HITEC” Act); and 

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the  message is sent.  

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and  Us, or between you and Oracle Bronto or any other third-party service provider acting on Our  behalf to transmit the mobile messages within the scope of the Program, arising out of or relating  to federal or state statutory claims, common law claims, this Agreement, or the breach,  termination, enforcement, interpretation or validity thereof, including the determination of the  scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be,  to the fullest extent permitted by law, determined by arbitration in Burlington, Vermont before  one arbitrator. 

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial  Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as  otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial  Circuit in which Superplastic’s principle place of business is located, without regard to its  conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a  party, the parties must jointly select an arbitrator with at least five years’ experience in that  capacity and who has knowledge of and experience with the subject matter of the dispute. If the  parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA  to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a  dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration  agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that  the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking  emergency injunctive relief from a court. The decision of the arbitrator shall be final and  binding, and no party shall have rights of appeal except for those provided in section 10 of the  FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of  the arbitration; however, the arbitrator shall have the power to order one party to pay all or any 

portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall  have the authority to award attorneys’ fees only to the extent expressly authorized by statute or  contract. The arbitrator shall have no authority to award punitive damages and each party hereby  waives any right to seek or recover punitive damages with respect to any dispute resolved by  arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does  not permit class arbitration or any claims brought as a plaintiff or class member in any class or  representative arbitration proceeding. Except as may be required by law, neither a party nor the  arbitrator may disclose the existence, content, or results of any arbitration without the prior  written consent of both parties, unless to protect or pursue a legal right. If any term or provision  of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality,  or unenforceability shall not affect any other term or provision of this Section or invalidate or  render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute  proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This  arbitration provision shall survive any cancellation or termination of your agreement to  participate in any of our Programs.  

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and  authority to agree to these Terms and perform your obligations hereunder, and nothing contained  in this Agreement or in the performance of such obligations will place you in breach of any other  contract or obligation. The failure of either party to exercise in any respect any right provided for  herein will not be deemed a waiver of any further rights hereunder. If any provision of this  Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to  the minimum extent necessary so that this Agreement will otherwise remain in full force and  effect and enforceable. Any new features, changes, updates or improvements of the Program  shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the  right to change this Agreement from time to time. Any updates to this Agreement shall be  communicated to you. You acknowledge your responsibility to review this Agreement from time  to time and to be aware of any such changes. By continuing to participate in the Program after  any such changes, you accept this Agreement, as modified.  

Do Not Track 

Please note that we do not alter our Site’s data collection and use practices when we see a Do  Not Track signal from your browser.  

Your Rights  

If you are a European resident, you have the right to access personal information we hold about  you and to ask that your personal information be corrected, updated, or deleted. If you would like  to exercise this right, please contact us through the contact information below.  

Additionally, if you are a European resident we note that we are processing your information in  order to fulfill contracts we might have with you (for example if you make an order through the  Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please  

note that your information will be transferred outside of Europe, including to Canada and the  United States. 

Data Retention

When you place an order through the Site, we will maintain your Order Information for our  records unless and until you ask us to delete this information.  


We may update this privacy policy from time to time in order to reflect, for example, changes to  our practices or for other operational, legal or regulatory reasons.  

Contact Us 

For more information about our privacy practices, if you have questions, or if you would like to  make a complaint, please contact us by e‑mail at or by mail using the  details provided below:  


[Re: Privacy Compliance Officer]