This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. By browsing, visiting or otherwise accessing or using this Site, you agree to abide by the terms and conditions set forth below. KAZOOTOYS.COM, INC. ("Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions as continued use of this Web Site after posted changes to these Terms and Conditions shall serve as proof of your acceptance of the revised Terms and Conditions.
Section 1. Use of Material.
Company authorizes you to view and download a single copy of the material on the Company.com ("Web Site") solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and the proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is strictly prohibited.
Unless otherwise indicated, all trademarks, service marks, logos and trade dress on the Web Site are the property of Company. To the extent third party trademarks, service marks, logos and trade dress are used on the Web Site, ownership of such trademarks, service marks, logos and trade dress will be indicated on the appropriate pages. You may not under any circumstances use any trademarks, service marks, logos and trade dress contained in the Materials or used on the Web Site without the prior express written agreement of the rights holder for the trademarks, service marks, logos and trade dress in question.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Company's Liability.
This Web Site is provided by Company on an "as is" basis. The Material may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
Company does not warrant that the web site will operate error-free or that this web site and its server are free of computer viruses and other harmful goods. If your use of the web site or the material results in the need for servicing or replacing equipment or data, company is not responsible for those costs.
The web site and material are provided on an "as is" basis without any warranties of any kind. Company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
To the extent that materials list any specifications for age appropriateness of goods offered for sale on this web site, all such specifications are provided by the manufacturer or distributor of such goods in accordance with Federal Laws mandating notice of such information and is not subject to review or testing by company. Company shall not be liable to any purchaser or end-user of such goods for any loss, damage or liability resulting from any reliance on the specifications for age appropriateness of any good offered for sale on this web site, regardless of whether or not Company has been advised of the possibility of any such loss, damage or liability.
Section 3. Disclaimer of Consequential Damages.
In no event shall Company, its suppliers, or any third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the web site and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company is advised of the possibility of such damages.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by Company as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Web Site, you automatically grant Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. If, in the event, you publish any materials which include images or representations of any minor under the age of 18, you, as the User posting such content, hereby acknowledge that: (1) you are a parent/guardian for said minor with the right to consent to such postings; and, (2) that you authorize Company to post said minor's image on the Web Site, at Company discretion. Company shall retain the right to remove, modify or alter any posted materials in order to remove the representation of any minor, upon receipt of a written request for removal by any authorized parent/guardian of said minor.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 6. Software Licenses.
All software that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to the lesser of the purchase price, less any delivery or processing fees charged at the time of purchase, for the Materials purchased which give rise to your claims or $100.
Section 8. Product Safety Notices.
Safety warning notices are required under the Consumer Product Safety Improvement Act (the "CPSIA"). KazooToys.com has used its reasonable best efforts to reproduce on product pages any safety notifications required under the CPSIA. Such efforts include a review of product packaging and a reasonable attempt at the reproduction on product pages of any safety notices that appear on such packaging. GrowingTreeToys.com has not independently verified the applicability of any such safety notices and relies on its manufacturers and suppliers to appropriately mark their product packaging in accordance with federal guidelines. Purchasers should review any and all product packaging, inserts or manufacturer provided directions, guidelines or statements prior to providing any toy purchased to a child. For more information on product safety guidelines, please feel free to visit the Consumer Products Safety Commission Website at www.cspc.gov. Information on the CPSIA is available at http://www.cpsc.gov/about/cpsia/cpsia.html.
Section 9. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 10. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 11. User Information.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
Section 12. General.
This Web Site is based in Denver, CO, USA. The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement, except for those set forth above as regular changes to these Terms and Conditions, must be made in writing, signed by an authorized representative of the Company.