GENERAL TERMS & CONDITIONS
YOUR RESPONSIBILITY TO PROTECT YOUR ACCOUNT
When you sign up to use the Site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless iSpark Toys for losses incurred by iSpark Toys or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
YOUR RESPONSIBILITY FOR SECURITY
iSpark Toys assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.
DO NOT RELY ON THIS SITE FOR YOUR FINANCIAL DECISIONS
The Content on this Site is for convenience and information purposes only. You should verify all Content provided through this Site before you make decisions. Unless otherwise specified, nothing on this Site constitutes an offer to sell or buy any product. Account information available on this Site is not the official record of your account. Nothing on this Site should be construed as rendering any advice including tax, legal, investment, or accounting advice. The posting of any information on this Site is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
OWNERSHIP AND USE OF CONTENT
All of the information and Content on this Site, and any enhancements, derivative works or improvements thereto, including, but not limited to, all text, databases (in any formats), analyses, inventions, processes, reports, articles, graphics, user interfaces, software applications, video and audio files and photos, and any and all worldwide intellectual property rights embodied by, arising from or related thereto, including any and all patent rights, (including any applications, continuations, divisions, renewals, substitutes or reissue thereof), copyrights, , rights of publicity, trademarks, service marks, logos, slogans and trade dress, whether registered and unregistered (“Intellectual Property Rights”), are owned exclusively or licensed by iSpark Toys.
OWNERSHIP AND USE OF TRADEMARKS
The trademarks and service marks “iSpark Toys”, and “Brains at Play”, and any logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) (“iSpark Trademarks”) displayed on the Site are owned by iSpark Toys. Other proprietary iSpark Toys marks may be designated as such from time to time on this Site through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use of iSpark Trademarks, including, but not limited to, as metatags, key words, text or other links (unless otherwise permitted by iSpark Toys in its sole discretion) or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by iSpark Toys.
This Site may contain links to third-party websites. iSpark Toys does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that iSpark Toys is not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, iSpark Toys does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.
Not all of the products or services described on this Site are available in all areas of the United States and/or you may not be eligible for them. We reserve the right to determine eligibility.
CONTENT POSTED BY YOU
All information, ideas, suggestions, or other communications you submit to iSpark Toys, including, but not limited to, content posted on the Site or communications sent via e-mail, will be on a non-confidential basis. By submitting or posting content to the Site, you grant iSpark Toys the irrevocable, perpetual, worldwide, right to use, reproduce, disclose, display, perform, distribute, adapt, modify, and promote this content in any medium. Once you submit or post content to the Site, iSpark Toys does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. iSpark Toys owns all right, title, and interest in any compilation, collective work or other derivative work created by iSpark Toys using or incorporating content posted to the Site.
CONTENT POSTED BY OTHER USERS
iSpark Toys is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by another member on the Site. Under no circumstances shall iSpark Toys be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance upon any content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact iSpark Toys. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
ACTIVITIES PROHIBITED ON THE SITE
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. iSpark Toys reserves the right to investigate and take appropriate legal action against anyone who, in iSpark Toys’ sole discretion, engages in any of the prohibited activities. Prohibited activities include – but are not limited to – the following:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by iSpark Toys in its sole discretion or pursuant to local community standards. However, iSpark Toys takes no responsibility for monitoring such content or in evaluating it;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, mining or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or “spamming”;
- Harassing, threatening, stalking, or abusing any person; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of iSpark Toys, exposes iSpark Toys or any of its customers or suppliers to any liability or detriment of any type.
iSpark Toys reserves the right, but is not obligated, to do any or all of the following:
- Record the dialogue or content posted on any pages of the Site;
- Monitor, edit, or disclose any posting on the Site; and
- Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.
iSpark Toys reserves the right to change the Content on this Site and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.
ONLINE SHOPPING POLICY
You may review iSpark Toys’ Online Shopping Policy at https://www.isparktoys.com
This Site does not intend to market any iSpark Toys products or services to children under thirteen (13) years of age. iSpark Toys does not knowingly gather or solicit data from children under thirteen (13) years of age through this Site for marketing purposes. By using this Site you represent that you are not under thirteen (13) years of age.
Your use of this Site and Content is at your own risk. We strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Site. iSpark Toys assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Site and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, ISPARK TOYS, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. iSpark Toys makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. iSpark Toys cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. iSpark Toys cannot and does not guarantee or warrant any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. iSpark Toys cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. iSpark Toys does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
LIMITATION OF LIABILITY
ISPARK TOYS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ISPARK TOYS IS TO DISCONTINUE YOUR USE OF THE SITE. ISPARK TOYS, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ISPARK TOYS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ISPARK TOYS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.