Terms of Use
Thank you for visiting the Infinitoy® website located at www.infinitoy.com (the "Site"). The Site is an Internet property of Infinitoy, Inc. ("Infinitoy®," "we" or "us"). By and through the Site, Infinitoy®: (1) advertises and promotes its products and/or services ("Infinitoy® Products"); (2) provides information to consumers regarding such Infinitoy® Products including, but not limited to, various ways to utilize such Infinitoy® Products ("Information Services"); (3) enables consumers to search for store locations where the Infinitoy® Products may be purchased ("Search Services"); (4) allows customers to submit photographs ("Photos") of creative uses of the Infinitoy® Products to be displayed in a gallery on the Site ("Gallery Services"); (5) enables visitors to play interactive games ("Game Services," and together with the Information Services, Search Services and Gallery Services, the "Services"); and (5) enables consumers to enter into the contests and promotions offered on the Site from time to time ("Contests"). By accessing and/or using the Site and/or the Services, you indicate your consent to be bound by these Terms of Use, the Official Contest Rules and any and all other operating rules, policies, price schedules or other supplemental terms and conditions or documents which are expressly incorporated herein by reference and/or published from time to time (the "Agreement"). Please review the following terms of this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website or the Services in any manner or form.
Scope of Agreement. This Agreement constitutes the entire and only agreement between you and Infinitoy® with respect to your use of the Site and the Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. Infinitoy® may amend this Agreement from time to time in its sole discretion, without specific notice to you. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms of Use and the Official Contest Rules, insofar as the Contest(s) is/are concerned, the Official Contest Rules shall govern. For a copy of the Official Contest Rules for the Contest(s) currently being offered by the Site, please Click Here. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for any updates and/or changes.
Requirements. The Site and/or Services is/are not for use by individuals under the age of eighteen (18) unless you have a parent's consent and are under the guidance of your parent. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. The Contests are only available to individuals over the age of eighteen (18). The Photos may only be submitted by individuals over the age of eighteen (18).
Services and Contests. The Services featured on the Site can be used by any visitors without providing any personal information to Infinitoy®. From time-to-time, our Site offers promotional prizes and other awards. By providing true and accurate information in connection with the applicable Contest registration form and agreeing to the rules applicable to each Contest, you can obtain, or attempt to obtain, the promotional prizes and other awards offered through each Contest. To enter into the Contests featured on the Site, you must first fully complete the applicable Entry Form. The Entry Form may or may not require submission of the following information: (a) full name; (b) mailing address; (c) e-mail address; (d) telephone number; (e) age/date of birth; and (f) ZOOB® PIN Code (collectively, the "Contest Registration Data"). You agree to provide true, accurate, current and complete Contest Registration Data. Infinitoy® has the right to reject any Contest Registration Data where it is determined, in its sole and exclusive discretion, that: (a) you are in breach of this Agreement; and/or (b) the Contest Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. Infinitoy® may change the Registration Data criteria at any time, in its sole discretion.
Infinitoy® reserves the right to reject any and all Photos submitted to the Site, and Infinitoy® does not guarantee that Photos submitted by customers will be posted via the Gallery Services. If you believe that someone has abused the Gallery Services, or otherwise posted Photos without the proper authorization, please contact us immediately via the following email address: zoob@infinitoy.com.
Infinitoy® uses reasonable efforts to ensure the availability of the information, content and interactive features that are accessible through the Services. Infinitoy® does not control the quality, truth, accuracy, safety or legality of the content made available through the Services. Infinitoy® is not liable or responsible in any manner for any content supplied by third parties including, without limitation, the Photos, or for actions that you might take associated therewith. Infinitoy® is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of, any goods, services or information provided by advertisers. You understand and agree that Infinitoy® is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for Contests and/or placement of your Photos on the Site via the Gallery Services, or for the Infinitoy® Products and/or any associated functionality. If Infinitoy® terminates this Agreement for any reason, Infinitoy® shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Infinitoy®. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to this Agreement. To access the Infinitoy® Privacy Policy please Click Here.
Third Party Websites. The Site may provide and/or refer you to links to other Internet websites and/or resources. Because Infinitoy® has no control over such third party websites and/or resources, you hereby acknowledge and agree that Infinitoy® is not responsible for the availability of such third party websites and/or resources. Furthermore, Infinitoy® does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
Disclaimer of Warranties/Limitation of Liability. THE SITE, INFINITOY® PRODUCTS, SERVICES AND/OR CONTESTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, INFINITOY® MAKES NO WARRANTY THAT: (A) THE SITE, INFINITOY® PRODUCTS, SERVICES AND/OR CONTESTS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES AND/OR CONTESTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR A CONTEST; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE. THE SITE, INFINITOY® PRODUCTS, SERVICES AND/OR CONTESTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INFINITOY® OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INFINITOY® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INFINITOY® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (1) THE USE OR THE INABILITY TO USE THE SITE, INFINITOY® PRODUCTS, SERVICES AND/OR CONTESTS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (3) THE FAILURE TO QUALIFY FOR A CONTEST; (4) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR CONTEST REGISTRATION DATA; AND (5) ANY OTHER MATTER RELATING TO THE SITE, INFINITOY® PRODUCTS, SERVICES AND/OR CONTESTS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE INFINITOY® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF INFINITOY® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND INFINITOY®. THE SITE, INFINITOY® PRODUCTS, SERVICES AND/OR CONTESTS FEATURED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
Privacy and Data Collection. Infinitoy® does not collect personally identifying information from users of the Site unless users have explicitly given such information to Infinitoy® (for example, by filling out an Entry Form or when sending us Photos with accompanying information). Use of the Site, and all comments, feedback, information, Contest Registration Data, Photos or other materials that you submit through or in association with the Site, is subject to our Privacy Policy, which is hereby incorporated into and made a part of this Agreement. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here. You should consider any communication that you transmit to Infinitoy® (such as Contest Registration Data, Photos questions or answers, comments or suggestions) as non-confidential, and agree that Infinitoy® will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.
License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Services and all other material posted or made available by and through the Services in accordance with this Agreement. Infinitoy® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Infinitoy®, you may only use the Site and/or Services for your own personal use. No part of the Site including, but not limited to, the Photos and/or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Photos, Services and/or any portion thereof. You may not create any "derivative works" by altering the Site, Photos, Services and/or any portion thereof. You may not use the Site, Photos and/or Services in conjunction with any other third-party content. You may not exploit any aspect of Site, Photos and/or Services for any commercial purposes not expressly permitted by Infinitoy®. You further agree to indemnify and hold harmless Infinitoy® for your failure to comply with this Section. Infinitoy® reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
Proprietary Rights. All Photos and other material posted or made available by and through the Services including, but not limited to, the design, selection, arrangement and coordination of such Photos, other material and/or Services on the Site is owned or licensed by or to Infinitoy®, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in this Agreement, no part of the Site, Photos or other material posted or made available by and through the Services may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Infinitoy's® prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Photos, other material posted or made available by and through the Services or any document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by Infinitoy® does not constitute a waiver of any right in such information and materials. Infinitoy® reserves all rights not expressly granted hereunder.
Control over Features, Functions and Access to the Services. Infinitoy® reserves the right to change any information, features and/or functions of the Services without prior notice. Infinitoy® may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Infinitoy® determines, in its sole discretion, violate(s) this Agreement, the rights of Infinitoy® or any third party, or is/are otherwise inappropriate. Infinitoy® reserves the right in its sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
Choice of Law, Waiver and Claims. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Infinitoy's® failure to exercise or enforce any right or provision of this Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration. Any controversy or claim arising out of or relating to this Agreement, the Site, Infinitoy® Products or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Infinitoy® may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, as necessary to protect rights or property.
Agreement not to Bring, Join or Participate in Class Action Suits. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Infinitoy® and its employees, officers, directors, members, servicers and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Infinitoy® incurs in seeking such relief. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This Agreement not to bring, join or participate in class action lawsuits is an independent agreement.
Indemnification. You agree to indemnify and hold Infinitoy®, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, Infinitoy® Products and/or the Services; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Infinitoy®, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Contact Us. You may direct any questions concerning this Agreement to Infinitoy® at the following e-mail address: zoob@infinitoy.com.