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1. THIS IS AN AGREEMENT BETWEEN YOU (ALSO THE COMPANY YOU REPRESENT) AND TOYDIRECTORY.COM, INC.
This is an agreement ("Agreement") between you and ToyDirectory.com, Inc. (or, if applicable based on where you live, one of its affiliates) ("ToyDirectory.com"). This Agreement governs your use of any Web site or Web page operated by ToyDirectory.com (each, a "ToyDirectory.com Web Site," and collectively, the "ToyDirectory.com Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
ToyDirectory.com OFFERS THE TOYDIRECTORY WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE TOYDIRECTORY WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW TOYDIRECTORY.COM MAY MODIFY THIS AGREEMENT
ToyDirectory.com reserves the right to change the terms, conditions, and notices under which it offers the ToyDirectory.com Web Sites, including any charges associated with the use of the ToyDirectory.com Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any ToyDirectory.com Web Site. Your continued use of the ToyDirectory.com Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any ToyDirectory.com Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that ToyDirectory.com Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a ToyDirectory.com Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE TOYDIRECTORY.COM WEB SITES
Unless otherwise specified, the Services are for your personal use. You will not use the ToyDirectory.com Web Sites for commercial purposes. You will not use the ToyDirectory.com Web Sites in any way that is unlawful, or harms ToyDirectory.com, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "ToyDirectory.com Party" and collectively, the "ToyDirectory.com Parties") or any customer of a ToyDirectory.com Party, as determined in ToyDirectory.com's sole discretion. ToyDirectory.com may tell you about certain specific harmful uses in a code of conduct or other notices available through a ToyDirectory.com Web Site, but has no obligation to do so. You may not use the ToyDirectory.com Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the ToyDirectory.com Web Sites. Without limiting the generality of this section, you may not use the ToyDirectory.com Web Sites in any manner that could damage, disable, overburden, or impair any ToyDirectory.com Web Site (or the network(s) connected to any ToyDirectory.com Web Site) or interfere with any other party's use and enjoyment of the ToyDirectory.com Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the ToyDirectory.com Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the ToyDirectory.com Web Sites in any way that violates the ToyDirectory.com Anti-Spam Policy. You may view the Anti-Spam Policy at privacy. http://www.toydirectory.com/privacy.htm. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. ToyDirectory.com may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the ToyDirectory.com Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the ToyDirectory.com Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to ToyDirectory.com related to the ToyDirectory.com Web Sites (a "Submission"), you grant ToyDirectory.com permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the ToyDirectory.com Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. ToyDirectory.com will not pay you for your Submission. ToyDirectory.com may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, ToyDirectory.com may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the ToyDirectory.com Parties or any customer of a ToyDirectory.com Party.
Your use of any software associated with the ToyDirectory.com Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then ToyDirectory.com grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the ToyDirectory.com Web Sites and in accordance with this Agreement. ToyDirectory.com reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. ToyDirectory.com or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. ToyDirectory.com may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the ToyDirectory.com Web Sites.
8. INFORMATION AND SERVICES AVAILABLE FROM THE TOYDIRECTORY.COM WEB SITES
ToyDirectory.com and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the ToyDirectory.com Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the ToyDirectory.com Web Sites. ToyDirectory.com and its suppliers do not authorize the use of information available from the ToyDirectory.com Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. ToyDirectory.com is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the ToyDirectory.com Web Sites constitute an offer or solicitation to buy or sell any security. ToyDirectory.com does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the ToyDirectory.com Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site. Should any user of information on this site provide anyone or company with information, including without limitation, questions, answers, suggestions, comments, feedback, ideas, plans, or the like to anyone or company, such information shall be deemed to be nonconfidential ToyDirectory.com, Inc. assumes no obligation to protect such information from disclosure. The submission of such information to ToyDirectory.com shall in no way prevent the purchase, or use of similar products, services, plans and ideas by ToyDirectory.com for any purpose whatsoever and ToyDirectory.com shall be free to reproduce, use, disclose and distribute the information to others without restriction.
ToyDirectory.com has no obligation to monitor the Communication Services. However, ToyDirectory.com reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. ToyDirectory.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
ToyDirectory.com reserves the right at all times to disclose any information as ToyDirectory.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ToyDirectory.com 's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. ToyDirectory.com does not control or endorse the content, messages or information found in any Communication Services and, therefore, ToyDirectory.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized ToyDirectory.com spokespersons, and their views do not necessarily reflect those of ToyDirectory.com .
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
9. TOYDIRECTORY.COM MAKES NO WARRANTY
TOYDIRECTORY.COM PROVIDES THE ToyDirectory.com WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOYDIRECTORY.COM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE TOYDIRECTORY.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE TOYDIRECTORY.COM WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY TOYDIRECTORY.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE ToyDirectory.com WEB SITES, EVEN IF SUCH ToyDirectory.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE TOYDIRECTORY.COM WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ToyDirectory.com PARTY WITH RESPECT TO THIS AGREEMENT OR THE TOYDIRECTORY.COM WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TOYDIRECTORY.COM WEB SITES.
11. CHANGES TO THE TOYDIRECTORY.COM WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE TOYDIRECTORY MAY CHANGE THE TOYDIRECTORY.COM WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the ToyDirectory.com Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by ToyDirectory.com and persons other than ToyDirectory.com (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE TOYDIRECTORY.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT ToyDirectory.com IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ToyDirectory.com WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE TOYDIRECTORY.COM WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE TOYDIRECTORY.COM WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE TOYDIRECTORY.COM WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
ToyDirectory.com may terminate this Agreement, or terminate or suspend your access to the ToyDirectory.com Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the ToyDirectory.com Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE TOYDIRECTORY.COM WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with ToyDirectory.com Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with a ToyDirectory.com affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such ToyDirectory.com affiliate, without reference to conflict of laws principles. If this Agreement is with ToyDirectory.com Corporation, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California, USA in all disputes arising out of or relating to the use of the ToyDirectory.com Web Sites. If this Agreement is with a ToyDirectory.com affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such ToyDirectory.com affiliate in all disputes arising out of or relating to the use of the ToyDirectory.com Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. ToyDirectory.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the ToyDirectory.com Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and ToyDirectory.com with respect to the ToyDirectory.com Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ToyDirectory.com with respect to the ToyDirectory.com Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND TOYDIRECTORY.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TOYDIRECTORY.COM WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the ToyDirectory.com Web Sites are Copyright © 2005 ToyDirectory.com Corporation and/or its suppliers. All rights reserved. ToyDirectory.com, TDmonthly.com, ToyDirectory.com logo, and/or other ToyDirectory.com products and services referenced herein may also be either trademarks or registered trademarks of ToyDirectory.com in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
17. OTHER NOTICES
Stock Quotes and E-mail Alerts
Stock quotes appearing on the ToyDirectory.com Web Sites and in email alerts are supplied by third parties. Unless otherwise indicated, stock quotes are delayed at least 20 minutes (NASDAQ stock quotes are delayed at least 15 minutes) and are only for user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Information in any format to anyone, and no user shall use any Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Neither ToyDirectory.com nor its affiliates make any express or implied warranties (including, without limitation, any warranty ToyDirectory.com or its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting there from.
Third Party Account Information
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ToyDirectory.com immediately of any unauthorized use of your account or any other breach of security. ToyDirectory.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ToyDirectory.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
2005 TOYDIRECTORY.COM, INC.