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Terms and Conditions

Welcome to www.toyznfun.com, a web site operated by Toyz N Fun provides their services to you subject to the following conditions.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.

MATURE AUDIENCES ONLY

The Toyz N Fun  catalog and website are intended for mature audiences only. The content may be unsuitable for children under the age of 18. Toyz N Fun does not sell or market to children. TOYZ N FUN sells and markets to adults 18 and over who can purchase with a credit card or paypal. If you are under 18, you must use the Toyz N Fun web site and/or view the Toyz N Fun  catalog with the involvement of a parent or guardian. BY USING THE WEBSITE, YOU CONFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER.

COPYRIGHT

All content included on this site and within our catalog, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Toyz N Fun or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site and within our catalog is the exclusive property of Toyz N Fun and protected by U.S. and international copyright laws. All software used on this site is the property of Toyz N Fun. or its software suppliers and protected by United States and international copyright laws.

Toyz N Fun grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify the site or any portion of it, except with express written consent of Toyz N Fun. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No part of the TOYZ N FUN web site may be reproduced, duplicated, copied, sold, resold, visited, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise), or otherwise exploited for any commercial or non-commercial purpose without express written consent of Toyz N Fun.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Toyz N Fun and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Toyz N Fun name or trademarks without the express written consent of Toyz N Fun. Any unauthorized use terminates the permission or license granted by Toyz N Fun. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Toyz N Fun Inc. so long as the link does not portray Toyz N Fun ., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Toyz N Fun logo or other proprietary graphic or trademark as part of the link without express written permission.

SALES

Toyz N Fun. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may send action figure greeting cards, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin the content's identity.

If you do submit material, and unless we indicate otherwise, you grant Toyz N Fun a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Toyz N Fun the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Toyz N Fun  or its affiliates for all claims, judgments, liability, and expenses, including reasonable attorneys fees, arising out of claims of copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of these Terms of Use or your use, authorized or unauthorized, of the site. This provision does not apply to personal injury claims, and provides for indemnification only for the specific situations stated.. Toyz N Fun has the right but not the obligation to monitor and edit or remove any activity or content. Toyz N Fun takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Toyz N Fun  are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Toyz N Fun to be as accurate as possible. However, Toyz N Fun does not warrant that product descriptions, prices, photographs or other content of this site or our catalog is accurate, complete, reliable, current, or error-free. Toyz N Fun. is not responsible for typographical errors, manufacturer delays in delivery or changes to products. All product descriptions, case assortments, variations, prices and ship dates are subject to change and availability without notice. We reserve the right to limit the quantity of items sold. We reserve the right to refuse any sale. If a product offered by Toyz N Fun. itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED BY TOYZ N FUN ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOYZ N FUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOYZ N FUN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOYZ N FUN . DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TOYZ N FUN. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TOYZ N FUN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENTERTAINMENT EARTH, INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.

CERTAIN STATE LAWS DOES TOYZ N FUN NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

TOYZ N FUN. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL ECONOMIC DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR CONSUMER FRAUD.

RESOLVING DISPUTES

If a dispute should arise between you and Toyz N Fun we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by contacting our customer service by email info@toyznfun.com. If your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.

AGREEMENT TO ARBITRATE DISPUTES

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.

THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Entertainment Earth, Inc. agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate TOYZ N FUN intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances TOYZ N FUN may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration.  

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and TOYZ N FUN and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TOYZ N FUN.  The arbitrator's decision may be entered as a judgment in a court of competent jurisdiction.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and TOYZ N FUN  in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TOYZ N FUN WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing TOYZ N FUN at info@toyznfun.com and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

CHOICE OF LAW/FORUM SELECTION. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in California or federal court of competent jurisdiction in the District Court of California.

SEVERABILITY

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

Toyz N Fun
707- S State College Blvd unit K
Fullerton CA 92831
www.toyznfun.com