USER AGREEMENT: This User Agreement was last updated in September, 2011
Following describes the terms on which OnlineToyShow offers you access to our services.
Changes to the User Agreement
We have the right at any time to make changes to or modify this User Agreement at our sole discretion. We will post notice to you either by email or a message on our website OnlineToyShow.com. Your continued use of the Websites is confirmation that you will be bound to the revisions that were made to the User Agreement.
We may without prior notice terminate your use of the website at our sole discretion at any time for any reason. We have the right to refuse and/or deny access at any time. We shall not be liable to you or an third party for any reason. We hold the rights that are listed under this User agreement to still use any content that was submitted by you even after your termination.
Information You Provide/Submissions
b) You are entirely responsible for any content that you provide to or otherwise make available on or through the Websites and Available Features (such content the “Submitted Content”), including but not limited to all content you submit or post in items for sale in the market place, to our Online Reference Guide, to Forums, etc. Submitted Content is considered to be “Content” for the purposes of this User Agreement. By posting Submitted Content to the Websites, you thereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to modify, adapt, to reproduce, publish, distribute, syndicate and otherwise use such Submitted Content, with or without attribution to you or any other party (“Submitted Content License”). You acknowledge and agree that your Submitted Content (i) shall not be considered confidential, proprietary or personal to you or anyone else and (ii) may be disseminated or used by us for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such Submitted Content. Therefore, do not send to us or post on our Websites any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation.
(c) By posting Submitted Content to the Websites, you represent and warrant (i) you own all right, title and interest in and to the Submitted Content, or you have the necessary approvals and permissions to grant us the Submitted Content License described above, (ii) the Submitted Content, and the exercise by us of our rights under the Submitted Content License in relation to such Submitted Content, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) Submitted Content does not contain software viruses, spybots, commercial solicitation, spiders, mass mailings, chain letters, any form of spam, or any other content that is prohibited under this User Agreement.
OnlineToyShow cannot review all communications made on or through the Website. However, OnlineToyShow reserves the right to monitor the forums and edit, modify or delete any materials which OnlineToyShow in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any OnlineToyShow’s policy, either written or unwritten. OnlineToyShow further reserves the right to use Submitted Content for our own purposes for marketing, communication, advertising, or any other purpose at the sole discretion of OnlineToyShow. You agree not to use the forums, reference guide or Websites for the posting of any material that is illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable.
(d) We do not guarantee that Submitted Content will not be lost or damaged or that you will be able to retrieve Submitted Content. We reserve the right, but do not have the responsibility, to monitor and remove any Submitted Content, at any time and without notice, in our sole discretion.
Ownership and Permitted Use of Content
We, our licensors or other third parties own all content appearing or available on or otherwise making up the Websites (“Content”), including but not limited to all text, trademarks, trade names, domain names, written material, downloadable material, photographs, artwork, computer code, and look and feel of the website. Such Content is protected under United States’ and other countries’ copyright, trademark and other laws and international treaty provisions, and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all content is retained by its owner. Unless otherwise set forth in relation to particular Content, you may use and make one copy of such Content solely for your own personal use and you may not publish, resend, disclose, post on any website or otherwise disseminate the Content to any third party (other than your own Submitted Content). Under no circumstances shall you use any Content except as provided in the previous sentence unless you obtain OnlineToyshow’s express prior written permission. You may not remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices. All rights in and to the Content not expressly granted in this User Agreement are retained by OnlineToyShow and its licensors.
Content Appearing On or Accessed Through the Websites
(a) We do not independently verify any Content appearing on or accessed through the Websites that has been provided by third parties (“Content Providers”). While we do take reasonable efforts verify the accuracy or Content prepared directly by us, we do not guarantee or warrant that any all Content is accurate, complete, truthful, or non-objectionable. You should independently verify all Content and not rely on the accuracy or completeness of any Content.
(b) We do not endorse any Content provided by Content Providers.
(c) We reserve the right, at any time and in our sole discretion, to remove any Content from the Websites without notice.
(d) You should exercise extreme discretion and skepticism when evaluating Content and interacting with individuals on the Websites as Users, (i) remain largely anonymous when using the Websites, (ii) may be other than who or what they claim to be, and (iii) may have dishonest, deceitful or harmful intentions. You should not, except as specifically requested by us when you register for a Membership Account or when you purchase products or services through the Websites, provide your or any other individual’s name, street address, telephone numbers, financial information, email addresses or other sensitive or personal information. You understand and agree that OnlineToyshow may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of OnlineToyshow violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submitted Content you post or store on the Website or provide to OnlineToyshow.
Disclaimer of Warranty
(a) WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE WEBSITES. ALL ITEMS SOLD OR PURCHASED IN SALES ON THE WEBSITE AND ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEBSITES, SHALL BE SO SOLD, PURCHASED AND OBTAINED AT YOUR OWN DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE LOSSES, DAMAGES, COSTS, OR OTHER LIABILITIES THAT ARISE FROM ANY SALE OR YOU'R USE OF THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. (b) WITHOUT LIMITATION TO THE FOREGOING, WE DO NOT WARRANT THAT: (A) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITES;
(B) THE WEBSITES OR CONTENT WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE;
(C) YOUR REQUESTS TO THE WEBSITES WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE;
(D) THE WEBSITES WILL BE TIMELY, SECURE OR ERROR FREE;
(E) ANY ERRORS IN CONTENT WILL BE CORRECTED;
(F) ANY ITEM OFFERED FOR SALE AND SOLD IN A SALE ON THE WEBSITES OR ANY CONTENT ON THE WEBSITES IS LAWFUL, APPROPRIATE OR AVAILABLE FOR SALE, PURCHASE OR USE IN ANY PARTICULAR LOCATION; OR
(G) OTHER PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEBSITES ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION. (c) YOUR SOLE REMEDY AGAINST US FOR YOUR DISSATISFACTION WITH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS TO STOP USING THE WEBSITES OR CONTENT THEREOF WITH WHICH YOU ARE DISSATISFIED.
Limitation of Liability; Release
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITES OR ANY SALE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer, seller or trader will actually complete a transaction or return an item.
IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY FEEs PAID BY YOU TO USE or ACCESS THE CONTENT, ITEM, PRODUCT OR SERVICE WHICH IS THE SUBJECT OF A CLAIM, BUT IN NO EVENT SHALL ONLINETOYSHOW’S LIABILITY EXCEED ONE HUNDRED DOLLARS (USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
More Legal stuff:
In the event a dispute arises between you and OnlineToyshow, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and OnlineToyshow agree that any claim or controversy at law or equity that arises out of this Agreement or our services, Website or Content ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
To the fullest extent permitted by law, this User Agreement and any Claim or dispute arising out of or relating to this User Agreement, including but not limited to the Website, will be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to this User Agreement, including but not limited to the Website, shall be subject to the exclusive jurisdiction of state or federal courts located in Tarrant County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts.
You may not use or export or re-export the materials at the Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations.
If any provision of this User Agreement is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed sever able and will not affect the validity and enforceability of the remaining provisions – which shall still remain in full force and effect. 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. We do not guarantee we will take action against all breaches of this Agreement. This User Agreement constitutes the entire agreement between you and OnlineToyshow relating to your use of the Website, superseding any other agreement between you and OnlineToyshow with respect to the subject matter of this User Agreement. Section headings in this User Agreement are for convenience only and have no legal or contractual effect. Each of these policies may be changed from time to time. Changes take effect when we post them on the Website. When using particular services on our Websites, you are subject to any posted policies or rules applicable to services you use through the Websites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.