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TERMS OF USE

Please read this agreement carefully before accessing any part of this site. By accessing or using the site, you agree to be bound by this agreement. The information and services on this site are provided by Simply Toys and its suppliers, subject to your agreement to the terms and conditions below. Simply Toys reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.

Use Information and Services

Simply Toys and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this site.

Copyright and Intellectual Property

You acknowledge that content available through the web site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Simply Toys herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including, without limitation, any software) available through the web site.

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Web Site for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other Web sites, regardless of whether you receive compensation, without the prior written permission of Simply Toys. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of Simply Toys. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Simply Toys's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

All material contained in this web site not directly developed by Simply Toys including, but not limited to articles, audio and video is used with permission or assumes to have permission to use by Simply Toys. In the event you believe that material or content published on the Simply Toys web site may infringe on your copyright or that of another, please contact us and provide details of such possible infringement. We will remove any material deemed.

This site may include links to other Internet sites solely as a convenience to users. Simply Toys does not endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Simply Toys so long as the link does not portray Simply Toys, its affiliates, or their items or services in a false, misleading, or offensive matter.

Community Contributions

Users who post materials to this site (e.g., message boards or chat rooms) agree to abide by the following rules:
(1) users may not post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of applicable laws
(2) users may not interfere with other user's use and enjoyment of this site
(3) users may not use this site to conduct any activity that is illegal or that violates the rights of others;
(4) users may not use this site to advertise or sell products or services to others
(5) users must immediately inform Simply Toys if they have reason to believe that a user is infringing any copyrighted materials. A user posting material represents that such material is unique to the user or used with permission of the copyright holder, and assigns to Simply Toys ownership of such material. Simply Toys has no responsibility for the content of any material posted by users, but Simply Toys reserves the right in its sole discretion to (i) edit or delete any documents, information or other material submitted to or appearing on this site, and (ii) refuse access to the site to any user that violates this agreement. Message boards, forums and chat rooms contain the opinions and views of other parents. Simply Toys is not responsible for the accuracy of any messages on this site and you should always consult a physician or other qualified health care provider before relying on any information you find on this site.

Disclaimer of Information

THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Simply Toys EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Simply Toys DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. HDTV-SOURCE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HDTV-SOURCE OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Simply Toys AND ITS DEVELOPERS AND ASSOCIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Simply Toys HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

You agree to indemnify and hold harmless Simply Toys, its directors, officers, employees, agents, co-branders, subsidiaries and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.


 
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