Maya Toys, Inc. (Provider) is the owner of and maintains the Websites: www.cutiestix.com, www.pompomwow.com, www.orbeezone.com, www.zorbeeztoys.com. You (the website visitor) agree that each visit you make to Provider’s Websites www.buypompomwow.com, www.orbeezone.com, www.zorbeeztoys.com, www.pompomwow.com, www.cutiestix.com shall be subject to the current terms and conditions as published on our Website. Provider reserves the right to change these terms and conditions at any time.
By accessing Provider’s Website, you are agreeing to be bound by these Website Use Terms & Conditions, and you agree that you are solely responsible for compliance with any applicable laws and regulations. If you do not agree with any of these terms, do not use this site. Any claim relating to Provider’s Website shall be governed by the laws of the State of California, USA. The materials, information, and trademarks contained in Provider’s Website are protected by applicable state and federal laws, including copyright and trademark laws.
Electronic forums such as email distribution lists, UseNet newsgroups, blogs, social networks and comment boards all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources rented or accessed by you may not be used to impersonate another person or misrepresent your authorization to act on behalf of Provider or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ email accounts, or any other attempt at “hacking”, is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.
No Endorsement of Third Party Content
Provider’s Website may contain links to and frames of sites that are not maintained by Provider. Provider is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in Provider’s Website does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON PROVIDER’S WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PROVIDER’S WEBSITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON‑INFRINGEMENT. In no event shall Provider or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Provider’s Website, even if Provider has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies 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. The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Provider or its service providers, affiliates, associates, subsidiaries or partners and Provider makes no representations or warranties regarding that information or those opinions. Neither Provider or its service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Provider hereby grants you a limited license to view on your computer, print, download and use any content made available on Provider’s Website for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted. Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s website or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trademark, trade name or other proprietary property of Provider or any other party who owns or has proprietary rights to the content, information and materials provided on Provider’s Website.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights, trademark rights or other intellectual property rights which are owned and controlled by Provider or by other parties that have licensed their material to Provider. Material from this Website or from any other website owned, operated, licensed or controlled by Provider may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by providers and other respective Providers thereof. The use of any such material on any other website, ftp server or network environment, or any other unauthorized use, is prohibited.
Changes and Improvements
Provider may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Provider’s Website, including the terms and conditions of your use of this Website, without liability or prior notice.
Due to the nature of the Internet, it is not possible for Provider to restrict access to its website only to those jurisdictions in which it does business. Some of all of the products and services offered on this website may not be eligible for solicitation in your jurisdiction. If you are accessing this website from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Provider. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold. Provider offers services and programs in many parts of the world. The website may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this website, reference to such services or programs does not imply that Provider intends to offer such service or programs in all countries or locations. Unless otherwise specified, the materials contained in Provider’s website are presented solely for the purpose of information and entertainment in the USA. This site is controlled and operated by Provider from its offices in the USA. Provider makes no representation that any of the materials contained in Provider’s website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by and construed in accordance with the laws of the State of California and the parties hereby attorn to the jurisdiction of the courts located in Los Angeles County, California, USA. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Submission of Ideas by Users
You agree to grant to Provider a non‑exclusive, royalty free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Provider’s site(s) or which you provide by email or any other means to Provider and in any media now known or hereafter developed. Further, you grant to Provider the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Provider. Any questions about this website and these website use terms and conditions may be addressed to firstname.lastname@example.org.