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TOYSANDSTUFF.NET WEBSITE TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of the toysandstuff.net website is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using toysandstuff.net you indicate your acceptance of these Terms and Conditions. Limitation of Liability By agreeing to use this site and its information you agree that Toys and Stuff is not liable for damages of any kind that accompany or result from your use of the toysandstuff.net website. Toys and Stuff makes no representation or warranty of any kind, express or implied, regarding toysandstuff.net and/or any material or information provided on the website. Toys and Stuff does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of toysandstuff.net or any of the content or data found on the website and expressly disclaims all warranties and conditions. Toys and Stuff does not warrant that the function of the website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Toys and Stuff does not warrant or make any representations regarding the use or the result of use of material on this site in terms of its correctness, accuracy, and reliability or otherwise. Toys and Stuff is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failure or circumstance affecting, disrupting or corrupting communications. Toys and Stuff assumes no responsibility and shall not be liable for any damage to, or viruses that may affect your computer equipment or other property on account of your access to or use of toysandstuff.net or your downloading of any material, data, text, images, video or audio from toysandstuff.net. In no event shall Toys and Stuff be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind arising out of or in any way connected with the access to or use of toysandstuff.net or content found therein. Restrictions on Use of the toysandstuff.net Website The toysandstuff.net website may not, in whole or in part, be copied, distributed, republished, uploaded, posted, reproduced or transmitted in any way without the prior written consent of Toys and Stuff. You may download, display and print material presented on the toysandstuff.net website for your personal, non-commercial use only, provided you don't delete or change any copyright, trade mark or other proprietary notice. You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Toys and Stuff reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Toys and Stuff believes that customer conduct violates applicable law or is harmful to the interests of Toys and Stuff or any Third Parties. All sizes quoted are approximate. Some items shown may require assembly. In its sole discretion, in addition to any other rights or remedies available to Toys and Stuff and without any liability whatsoever, Toys and Stuff at any time and without notice may terminate or restrict your access to any component of toysandstuff.net. Submissions All remarks, suggestions, ideas, graphics, or other information communicated to Toys and Stuff through or by reason of this site by email or otherwise (collectively the "Submission") will forever be the property of Toys and Stuff. If you provide Toys and Stuff with a Submission you grant Toys and Stuff a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licencable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works for, distribute and display such Submission throughout the world in any media, now known or hereafter developed, and you waive all moral rights in the Submission. You also grant Toys and Stuff the right to use the name you submit with the Submission, if any, in connection with Toys and Stuff's rights hereunder. Privacy You have read the Toys and Stuff Privacy Statement, the terms of which appear on toysandstuff.net, and are incorporated into these Terms and Conditions, and agree that the terms of such Privacy Statement are reasonable. You consent to the use of your personal information by Toys and Stuff and / or third parties in accordance with the terms of and for the purposes set out in the Toys and Stuff Privacy Statement. Links The toysandstuff.net website may contain links to other websites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Toys and Stuff of the linked website or information contained therein. Toys and Stuff is not responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. Pricing Prices posted on toysandstuff.net may differ from those in other stores. Toysandstuff.net each offer limited-time sales, special promotions and items at Toys and Stuff's regular low prices. Due to competitive market pressures, prices are subject to change. Toys and Stuff reserves the right to correct, at any time, any pricing errors. Risk of Loss Any products purchased from Toys and Stuff are delivered to you by a third party delivery company, pursuant to a shipping contract. The risk of loss for such products pass to the purchaser at the time of delivery by Toys and Stuff to the third party shipper. Modification Toys and Stuff reserves the right to, without notice, change the toysandstuff.net website, including the Terms and Conditions of use of toysandstuff.net. Please check this page periodically for changes. Your use of toysandstuff.net will be conditional upon your acceptance of the Terms and Conditions in force at the time of your use. Indemnification You shall indemnify and save harmless Toys and Stuff, from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of toysandstuff.net Relationships The relationship between Toys and Stuff and you will be that of independent contractors and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or use of toysandstuff.net. Governing Law These Terms and Conditions and the performance of the obligations and enforcement of the rights herein shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of toysandstuff.net and these Terms and Conditions. Severability These Terms and Conditions are severable. In the event any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall 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 these Terms and Conditions are included for convenience only and do not limit or otherwise affect the Terms and Conditions. Entire Agreement These Terms and Conditions, together with those incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter and may not be amended or modified except in writing or by Toys and Stuff making such amendments or modifications available to it pursuant to the Terms and Conditions. |
