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Conditions of Use
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS SITE. We
maintain this web site as a service to our customers, and by using our
site you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms and conditions carefully, and
check them periodically for changes. If you do not agree to the terms
and conditions, you should not review information or obtain goods,
services or products from this site.
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Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and
Conditions of use Agreement ("Agreement") with respect to our site
(the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended by us at any time and
from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
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Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks,
registered trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of
any right in such information and materials.
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Fraud:
By becoming a member, you confirm that the information provided in
this form is true and that you agree to abide by the Terms and
Conditions of use of this site. Please note that your membership can
be cancelled without notice if it is determined that false or
misleading information has been provided, the Terms and Conditions
of use have been violated, or other abuses have occurred as
determined by “Kidstuff Entertainment” in its sole
discretion. If membership has been revoked, “Kidstuff
Entertainment” reserves the right to refuse application or
readmission to the membership program.
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Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form
or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
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Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site,
including this Agreement, without further notice to users of the
Site.
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Indemnification.
You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
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Nontransferable.
Your right to use the Site is not transferable. Any password or
right given to you to obtain information or documents is not
transferable and may only be used by you.
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Disclaimer.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
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Limits.
All responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or document
is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you
under all circumstances will be equal to the purchase price you pay
for any goods, services or information.
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Use of Information.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy.
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Third-Party Services.
We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase or otherwise obtain
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions
entered into between you and Merchants. YOU AGREE THAT USE OF SUCH
MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND
BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
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Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites. We
are not responsible for information provided by you to Merchants. We
and the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of
the other.
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Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of
this Agreement.
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Payments.
You represent and warrant that if you are purchasing something from
us or from our Merchants that (i) any credit card information you
supply is true, correct and complete, (i) charges incurred by you
will be honored by your credit card company, and (iii) you will pay
the charges incurred by you at the posted prices, including any
shipping fees and applicable taxes.
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Securities Laws.
This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our
intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law
safe harbors for forward-looking statements. The Site and the
information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be
deemed to be, incorporated into any of our securities-related
filings or documents.
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Links to Other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites, and
such Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked Web site on
our Site does not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and access these
third-party sites, you do so at your own risk.
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Submissions.
All suggestions, ideas, notes, concepts and other information you
may from time to time send to us (collectively, "Submissions") shall
be deemed and shall remain our sole property and shall not be
subject to any obligation of confidence on our part. Without
limiting the foregoing, we shall be deemed to own all known and
hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the
Submissions for any purpose, without compensation to the provider of
the Submissions.
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Privacy: Any information given either
directly or unintentionally will remain private & WILL NOT be passed
onto, sold or transmitted to a third party unless express permission
is given or directed to do so.
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