Terms and Conditions
Your use of the Website constitutes Your agreement and acceptance without change of these terms and conditions. In addition, as a condition of Your use of the Website, you represent and warrant to Second Chance Toys that You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. If You do not agree and accept these terms and conditions, Your use of the Website is prohibited. Other than this Agreement, Second Chance Toys will not enter into any agreement with You or have any obligation to you through the Website and no attempt to create such an agreement will be effective.
BY ACCESSING, BROWSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT:
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITE OR ANY OF THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE (INDIVIDUALLY AND COLLECTIVELY, THE "SERVICES"), AND, MOREOVER, SECOND CHANCE TOYS DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.
IN ADDITION, WHEN YOU USE ANY OF THE SERVICES OR ANY FEATURE THEREOF, YOU SHALL BE SUBJECT TO AND BOUND BY ALL OF THE GUIDELINES AND RULES APPLICABLE TO THE SERVICES.
You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Second Chance Toys or third-party providers, as applicable. Except as expressly permitted by Second Chance Toys in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.
You acknowledge and agree that by submitting remarks, comments, information, suggestions, ideas, graphics, feedback, edits, concepts, comments, illustrations and other materials (other than information given in connection with registration) to Second Chance Toys through the Website (individually and collectively, "Submissions"), You (i) grant Second Chance Toys a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant Second Chance Toys the right to pursue at law any person or entity that violates Your and/or Second Chance Toys's rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.
With respect to Your Submissions, You acknowledge, warrant and agree that:
Your Submissions will be true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products, or services that your Submission relates to and that You are not impersonating any other person;
You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which your Submission relates;
- Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.
Second Chance Toys may monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with these terms and conditions. However, Second Chance Toys does not undertake to monitor or review every posting or communication, and Second Chance Toys disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Second Chance Toys is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the Website, including, without limitation, all third party advertising posted on the Website. While Second Chance Toys, from time to time, may monitor the content of the Submissions and other third party communications posted on the Website, Second Chance Toys does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted by on the Website by users and other third parties. Any information or material placed on the Website by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Second Chance Toys. Second Chance Toys reserves all of its rights to discontinue in its sole discretion the services provided on the Website in general or to any user at any time.
USE OF THE WEBSITE
You will not, directly or indirectly:
(a) Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
(b) Use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
(c) Use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,
(d) Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
(e) Attempt to access or access any other user's account;
(f) Attempt to obtain or ascertain or obtain or ascertain any other user's user name, password and/or personal information by any means whatsoever;
(g) Attempt to elude or elude the Website's security systems; (h) Attempt to gain access or gain access to the Website in a fraudulent manner;
(i) Use the Website for any purposes other than those intended by Second Chance Toys, as determined by Second Chance Toys in its sole discretion; or
- (j) Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
- (a) Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
NOTICE OF ENFORCEMENT
Second Chance Toys vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Second Chance Toys will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity. REGISTRATION AND ACCOUNT CREATION Second Chance Toys may at times require that you register and/or set up an account to use certain portions of the Website, the Website as a whole or certain Services. In order to do so, you may be provided, or required to choose, a password, User ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by editing your Registration profile on the Service.
Second Chance Toys does not guaranty that by registering with Second Chance Toys and/or by using the Services, You will be matched with a recipient or receive a placement.
USE OF USER ID/PASSWORD
There may be circumstances where access to the Website is provided by a hypertext link located at another website. Second Chance Toys has no responsibility for the content of such other website, Second Chance Toys does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that Second Chance Toys shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. Second Chance Toys does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by Second Chance Toys, You agree not to: (a) provide or create a link to the Website; or (b) create any frames at any other sites pertaining to any of the Content located at the Website. You also agree not to post any materials at the Website without the express written permission of Second Chance Toys.
We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
NO WARRANTIES; EXCLUSION OF LIABILITY
THE INFORMATION AND MATERIALS ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THE WEBSITE IS OPERATED BY SECOND CHANCE TOYS, INC., ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SECOND CHANCE TOYS, INC., ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "SECOND CHANCE TOYS BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SECOND CHANCE TOYS BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE SECOND CHANCE TOYS BUSINESSES, THEIR AFFILIATES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE SECOND CHANCE TOYS BUSINESSES OR THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER SECOND CHANCE TOYS BUSINESSES, SECOND CHANCE TOYS, INC. NOR ANY OF THEIR AFFILIATES IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
WITHOUT LIMITING THE FOREGOING, THE SECOND CHANCE TOYS BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, THE SECOND CHANCE TOYS BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
THE SECOND CHANCE TOYS BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. SECOND CHANCE TOYS'S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF SECOND CHANCE TOYS'S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY SECOND CHANCE TOYS WITH RESPECT TO SUCH USE.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including as to orders of merchandise after you have submitted your order). Please note that if the Website has products for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your online purchase from the Website you may return it in accordance with our Return Policy.
CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATIONS
If you have any questions about this Agreement or the Website, please send us an email to email@example.com or write us at: Second Chance Toys, Inc., PO Box 1233, Mountainside, NJ 07092, Attn: webmaster. Although Second Chance Toys will in most circumstances be able to receive your email or other information provided through the Website (including, without limitation, service requests and other submissions), Second Chance Toys does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SECOND CHANCE TOYS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR OBTAINED ON, FROM OR THROUGH THE WEBSITE;
ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITE; AND
- ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT.
RELEASE FOR FORCE MAJEURE
You absolve and release Second Chance Toys and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Second Chance Toys or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
Any notice or other document or communication required or permitted hereunder to Second Chance Toys will be deemed to have been duly given only if in writing and delivered by any of the following methods:
Certified U.S. mail, return receipt requested, postage prepaid, to Second Chance Toys at PO Box 1233, Mountainside, NJ 07092.
- Email sent to firstname.lastname@example.org.
Notices to Second Chance Toys shall be deemed delivered when actually received by Second Chance Toys.
Any notice or other document or communication from Second Chance Toys required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Website. Such notice will be deemed received by You the business day after the e-mail is sent.
Should You elect to send or receive e-mail communications of any kind to or from Second Chance Toys, You represent and warrant to Second Chance Toys that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, Second Chance Toys controls and operates the Website from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content 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 or resident of) any country to which the U.S. has placed an embargo; (b) to anyone in the US Treasury Department's Specially Designated national list, or (c) to anyone on the US Commerce Department's Table of Denial Orders. If You download or use the Content, 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.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A. YOU AND SECOND CHANCE TOYS AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
No delay or omission by Second Chance Toys to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this User Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Second Chance Toys of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
If any portion of this User Agreement is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
Second Chance Toys is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and Second Chance Toys.
CONTINUED USE DEEMED ACCEPTANCE