INTERNET SITE TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
In order to make the website an enjoyable experience for everyone, we are providing this website under the following Terms and Conditions and request that you and (if a minor) review and discuss with your parent or legal guardian. By using this website, you agree to be bound by these Terms and Conditions. If you do not agree with the following terms, please do not use the website. Wicked Cool Toys LLC (hereafter, “Wicked Cool Toys”) may add new features, which may include interactive features, and will by necessity need to update or amend these Terms and Conditions. Wicked Cool Toys reserves the right to revise, modify or amend these Terms and Conditions at any time by updating this posting and you agree to be bound by such revision, modification or amendment.
RESTRICTIONS ON USE
Material at this website is provided for lawful information and entertainment purposes only. Material from the website and any other website on the World Wide Web that is owned, operated, licensed and controlled by Wicked Cool Toys or any of its affiliated or subsidiary companies may not be copied, distributed, republished, uploaded, posted or transmitted in any shape, manner or form without the specific prior written consent of Wicked Cool Toys. EXCEPT as expressly permitted in this section, modification or use of the materials at this website for any other purpose shall be construed as a violation of Wicked Cool Toy’s intellectual property rights. From time to time, we may make available certain software at our website, such as screen savers, “dancing” cursors, and the like. You may download such material onto one computer for your personal, non-commercial home or educational use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. If you do download this software, the software, including any files, images or audio files contained in or generated by the software, and accompanying data (together, the “Software”) is deemed to be licensed to you by Wicked Cool Toys. Neither title nor any intellectual property rights to any material at this website including, but not limited to, Software are transferred to you. All material at this website remains the exclusive property of Wicked Cool Toys, which owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. Prior written consent must be obtained from Wicked Cool Toys for any commercial use of any material provided at this website. Please forward any requests in writing to Wicked Cool Toys, Attn.: Legal Department, 10 Canal Street, Suite 327, Bristol, PA 19007.
In certain areas of this website, you are permitted to submit content and related materials, including but not limited to User Generated Content, as defined herein, to Wicked Cool Toys (collectively, “Submissions”). All Submissions will forever be the property of Wicked Cool Toys. Under no circumstances will Wicked Cool Toys be required to treat any Submission as confidential. Furthermore, Wicked Cool Toys will not be liable under any circumstance for its use of any Submission in its business (including, without limitation, product ideas) or as a result of any similarities to any Submission that may appear in future business of Wicked Cool Toys. Without limitation, Wicked Cool Toys will have exclusive ownership of all rights to Submissions of every kind and nature, everywhere. Wicked Cool Toys will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Wicked Cool Toys shall have no obligation to return any Submission. Your ability to post Submissions on this website is governed by these Terms and Conditions, as well as by the applicable Rules and Regulations of this website (as described in this Section). You acknowledge that you are totally responsible for whatever material you submit, and you, not Wicked Cool Toys, have full responsibility for such material, including its legality, reliability, appropriateness, originality, and copyright.
You represent, warrant and covenant to Wicked Cool Toys and by submitting each Submission through the website, you reaffirm each such representation, warranty and covenant, that (a) you are at least the legal age of majority in your state and you have the legal right and capability to enter into this agreement and perform and comply with all of its terms and conditions, or, if you are below the legal age of majority in your state, your parent or legal guardian has agreed to this agreement on your behalf, (b) all of the information provided by you associated with your use of the website and each time you submit an item of content, including a Submission to or through the website, is correct, complete and current, (c) neither your content nor your Submission of any content violates this agreement, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, (d) you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement as described, (e) you are a legal resident of the United States, and (f) neither you, nor any member of your immediate family or those living in your household is an employee, shareholder, officer, director, agent or representative of any person or entity connected with Wicked Cool Toys or its respective parent companies, affiliates, subsidiaries, agents or representatives. Upon the request of Wicked Cool Toys, you will furnish Wicked Cool Toys any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this agreement, including, without limitation, the foregoing representations, warranties and covenants. You also understand and agree that no guild or residual payments will arise in connection with the submission and exploitation of the Submission.
USER GENERATED CONTENT: DEFINITION
“User Generated Content” is a form of Submission and includes communications, materials, information, data, photos, profiles, writings, music, audio, videos, video recordings, audio-visual works, caricatures, likenesses, slides, portraits, drawings, animated pictures, graphics, messages, notes, website links, text information, designs, and any other content as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world that you and/or other website users post or otherwise make available on or through the website, except to the extent the content is owned by Wicked Cool Toys.
USER GENERATED CONTENT: POSTING RULES AND USER CONDUCT
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the website. Do not take any action or post anything that may expose Wicked Cool Toys or its users to any harm or liability of any type. Each time you upload or submit an item of User Generated Content, you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this agreement. The instructions for uploading your User Generated Content may be found on the upload page on our website (or such other location designated by Wicked Cool Toys). To be considered for posting and display to the public, your User Generated Content must meet all the applicable specifications and requirements relating to formatting, compatibility, operating characteristics and ground rules.
USER GENERATED CONTENT: PROHIBITIONS
You agree that you will not submit or attempt to submit any content which violates the following prohibitions. These prohibitions shall be deemed “Unauthorized Content” which is defined as any content that is or could be construed as violating any of the terms and conditions of this agreement, and Wicked Cool Toys has the right to reject, refuse to accept, remove or otherwise handle as Wicked Cool Toys deems appropriate
Do not post User Generated Content, or a link to a website, that, in Wicked Cool Toys’ sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not stalk, intimidate, abuse, harm or harass another website user or person. Do not post personal information. Do not collect or solicit personal information from other website users or send unsolicited emails or other communications. Do not collect, use or post on the website the private information of anyone else without their consent or for illegal purposes. Do not impersonate any person or entity, including without limitation Wicked Cool Toys employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Wicked Cool Toys account, register a Wicked Cool Toys account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password. Do not post any User Generated Content, take any action or use the website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any website security technology or software.
USER GENERATED CONTENT: REQUIREMENTS
USER GENERATED CONTENT: CONTENT IS NOT PRESCREENED
Wicked Cool Toys does not prescreen User Generated Content. Wicked Cool Toys does not guarantee the website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Wicked Cool Toys is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Even in the event Wicked Cool Toys chooses to monitor any User Generated Content, Wicked Cool Toys assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Wicked Cool Toys reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
USER GENERATED CONTENT: RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Wicked Cool Toys a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
USER GENERATED CONTENT: COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the website, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Wicked Cool Toys legally sufficient notice to Wicked Cool Toys of infringement. Send copyright infringement complaints to: Wicked Cool Toys at: 10 Canal Street, Suite 327, Bristol, PA 19007; Attn.: Legal Dept.
Except as described otherwise, all material at this website is made available only to provide information about Wicked Cool Toys. Wicked Cool Toys controls and operates this website from its headquarters in Bristol, Pennsylvania, United States of America, and makes no representation that this material is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable international, federal, state and/or local laws. Some software from this website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national of or resident of) any country to which the U.S. has placed an embargo on goods, including, without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals list; or (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
This website may be linked to other sites that are not maintained, endorsed or sponsored by Wicked Cool Toys. Wicked Cool Toys has not reviewed all of the sites linked to this website. Wicked Cool Toys is not responsible for and makes no representations regarding the content of any other sites linked to this website. The existence of any link to such sites does not imply endorsement, affiliation or sponsorship of those sites with Wicked Cool Toys.
The material at this website could include technical inaccuracies or typographical errors. Wicked Cool Toys may make changes or improvements at any time. THE MATERIAL AT THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WICKED COOL TOYS DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WICKED COOL TOYS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WICKED COOL TOYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF OR THE CONSEQUENCES OF YOUR USE OF THE MATERIAL AT THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WICKED COOL TOYS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW SUCH EXCLUSION.
LIMITATION OF LIABILITY
WICKED COOL TOYS WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE. WICKED COOL TOYS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIAL AT THIS SITE, EVEN IF THERE IS NEGLIGENCE BY WICKED COOL TOYS OR AN AUTHORIZED WICKED COOL TOYS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. WICKED COOL TOY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (INCLUDING WITHOUT LIMITATION, IN CONTRACT, TORT OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
These Terms and Conditions are effective until terminated by you or Wicked Cool Toys. You or Wicked Cool Toys may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all material obtained from this website, and (b) all related documentation and all printouts.
Wicked Cool Toys is a registered trademark of Wicked Cool Toys. Wicked Cool Toys also owns the “look and feel” of this website, and names of the brands and individual product items appearing on this website. Unauthorized use or copying of the intellectual property of Wicked Cool Toys, including but not limited to this website or trademarks, logos, pictures, or names contained herein, is prohibited by law. Wicked Cool Toys will take legal action against those who participate directly or indirectly in intellectual property infringement. Anyone having information concerning any unauthorized use of the intellectual property of Wicked Cool Toys is urged to contact Wicked Cool Toys at: 10 Canal Street, Suite 327, Bristol, PA 19007; Attn.: Legal Dept.
THIRD PARTY INTELLECTUAL PROPERTY
Wicked Cool Toys expects you to respect its copyright and trademark rights, as well as the copyright and trademark rights of others. You may not post on our website unauthorized copies of third parties’ works. If you are a copyright or trademark owner and you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please contact us at firstname.lastname@example.org.
Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Â§ 512(c)(2).