This Web Site is based in Pennsylvania, USA. The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement, except for those set forth above as regular changes to these Terms and Conditions, must be made in writing, signed by an authorized representative of the Company.
TERMS AND CONDITIONS
This Web Site contains material which is provided by each Company as it becomes available, "as is." Company does not warrant that the web site will operate error-free or that this web site and its server are free of computer viruses and other harmful goods. If your use of the web site or the material results in the need for servicing or replacing equipment or data, company is not responsible for those costs.
In no event shall Company, its suppliers, or any third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to use the web site and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company is advised of the possibility of such damages.
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Safety warning notices are required under the Consumer Product Safety Improvement Act (the "CPSIA"). Toysonthesquare.com has used its reasonable best efforts to reproduce on product pages any safety notifications required under the CPSIA. Such efforts include a review of product packaging and a reasonable attempt at the reproduction on product pages of any safety notices that appear on such packaging. Toysonthesquare.com has not independently verified the applicability of any such safety notices and relies on its manufacturers and suppliers to appropriately mark their product packaging in accordance with federal guidelines. Purchasers should review any and all product packaging, inserts or manufacturer provided directions, guidelines or statements prior to providing any toy purchased to a child. For more information on product safety guidelines, please feel free to visit the Consumer Products Safety Commission Website at www.cspc.gov. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Generally, any communication which you post to the Web Site is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by Company as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Web Site, you automatically grant Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. If, in the event, you publish any materials which include images or representations of any minor under the age of 18, you, as the User posting such content, hereby acknowledge that: (1) you are a parent/guardian for said minor with the right to consent to such postings; and, (2) that you authorize Company to post said minor's image on the Web Site, at Company discretion. Company shall retain the right to remove, modify or alter any posted materials in order to remove the representation of any minor, upon receipt of a written request for removal by any authorized parent/guardian of said minor.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.