The Uncle Andy Toys, Inc. Terms of Use (collectively “Terms of Use”) outlines the responsibilities of users of the Uncle Andy Toys, Inc. applications(collectively, the “Application”) and visitors to the Uncle Andy Toys, Inc.website (the “Website”).

 

BY USING ANY OF THE APPLICATION OR VISITING THE WEBSITE OF UNCLE ANDY TOYS, INC. (COLLECTIVELY, THE “SERVICE”) YOU HAVE AGREED TO THESE TERMS OF USE. THE TERMS OF SERVICE APPLY TO YOU AND ANY SUBMITTED MATERIALS RECORDED OR UPLOADED FROM YOUR ACCOUNT AT ANY TIME. FAILURE TO ADHERE TO THE TERMS OF USE MAY RESULT IN, AMONG OTHER THINGS, THE TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE SUBMITTED TO UNCLE ANDY TOYS, INC., WITH OR WITHOUT NOTICE, AS DETERMINED BY UNCLE ANDY TOYS, INC. IN ITS SOLE DISCRETION.

 

Basic Terms

You must be 13 years or older to use the Service. You are responsible for any activity that occurs under your user name and email address. You are responsible for keeping your password secure. You must not abuse, harass, threaten, impersonate or intimidate other Service user(s). You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Service. You must not modify, adapt or hack the Website or Application or modify another website so as to falsely imply that it is associated with or otherwise related in any way to Andrew Breckman and/or Uncle Andy Toys, Inc..You must not crawl, scrape, or otherwise cache any content from the Website including but not limited to user profiles, audio files and photos. You must not create or submit unwanted email or comments to any Website members (“Spam”). You must not use web URLs in your name without prior written consent from Uncle Andy Toys, Inc. which may be withheld in its sole and exclusive discretion. You must not transmit any worms or viruses or any code of a destructive nature. You must not, in the use of the Application or the Website, Inc., violate any laws in your jurisdiction (including but not limited to copyright laws). Violation of any of these agreements will result in the termination of your Uncle Andy Toys, Inc. account. While Uncle Andy Toys, Inc. prohibits such conduct and content on its site, you understand and have agreed that Uncle Andy Toys, Inc. cannot and will not be responsible for the Content posted on its Web Site or Application and you nonetheless may be exposed to such materials and that you use the Service at your own risk.

 

Proprietary Rights in Content

The Services contain Content of Uncle Andy Toys, Inc. (“Uncle Andy Toys Content”). Uncle Andy Toys Content is protected by copyright, trademark, patent, trade secret and other laws, and Uncle Andy Toys, Inc. owns and retains all rights in the Uncle Andy Toys, Inc. Content and the Service. Uncle Andy Toys, Inc. hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Content (excluding any software code) solely for your personal entertainment use in connection with viewing the Site and using the Service. The Service contains Uncle Andy Toys Content, Content of Users and other Uncle Andy Toys, Inc. licensors (collectively, “Content”). Except as expressly provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service in whole or in part.

Uncle Andy Toys, Inc. performs technical functions necessary to offer the Service, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Service. Although the Site and other of the Services are normally available, there will be occasions when the Site or other Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Uncle Andy Toys, Inc. Also, although Uncle Andy Toys, Inc. will normally only delete Content that violates this Agreement, Uncle Andy Toys, Inc. reserves the right to delete any Content for any or no reason, without prior notice. Deleted content may be stored by Uncle Andy Toys, Inc. in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Uncle Andy Toys, Inc. encourages you to maintain your own backup of your Content. In other words, Uncle Andy Toys, Inc. is not a backup service. Uncle Andy Toys, Inc. will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content.

 

Registration Obligations

Some of the Services offered by Uncle Andy Toys, Inc. require registration. You acknowledge and agree to: provide true, accurate, complete and current information about yourself as prompted by Uncle Andy Toys, Inc. registration form (the ”Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, and current. If Uncle Andy Toys, Inc. suspects that such information is untrue, inaccurate, not current or incomplete, Uncle Andy Toys, Inc. has the right, but not the obligation, to suspend or terminate your account and refuse any and all current or future use of theApplication (or any portion thereof) and the Website.

 

Member Account, Password and Security

Upon completing Uncle Andy Toys, Inc.’s registration process, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account (with or without your permission or knowledge). You agree to: immediately notify Uncle Andy Toys, Inc. of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. You acknowledge, consent and agree that Uncle Andy Toys, Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third parties; respond to your requests for customer service; or protect the rights, property or personal safety of Uncle Andy Toys, Inc., its Users and the public. You understand that the technical processing and transmission of Uncle Andy Toys, Inc., including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

 

Indemnity and Release of Liability

You agree to defend, indemnify and hold Uncle Andy Toys, Inc. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Uncle Andy Toys, Inc., your connection to Uncle Andy Toys, Inc., your violation of the Terms of Use, or your violation of any rights of another. You expressly understand and agree that Uncle Andy Toys, Inc. and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no representations or warranties about the Website, the Application and/or the Services of any nature. Without limitation, Uncle Andy Toys, Inc.does not warrant or represent that the Services and/or the Application: (a) will meet your requirements; (b) will be uninterrupted, timely, secure or error-free; and/or (c) that the results that may be obtained from the use of the Services and/or Application will be accurate or reliable. Under no circumstances will Uncle Andy Toys, Inc. be liable in any way for any expenses, losses or damages of any kind incurred as a result of the use of the Application and/or any Content made available via the Website and/or the Application. You expressly understand and agree that any material downloaded or otherwise obtained through the use of the Application and/or the Website is accessed at your own discretion and risk, and you will be solely and exclusively responsible for any damage to your communications device or system, or any loss, corruptionor degradation of data that results from the download of any such material or any other damages, including without limitation, personal injury or death, resulting from or relating to the use of the Application and/or Website.

 

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your ID), use of Uncle Andy Toys, Inc., or access to the Services.

 

General Practices Regarding Use and Storage

You acknowledge that Uncle Andy Toys, Inc. may establish, and modify from time to time, general practices and limits concerning the use of the Services, including without limitation the maximum number of days that Content will be retained by Uncle Andy Toys, Inc.. You agree that Uncle Andy Toys, Inc. has no responsibility or liability for the deletion of or failure to store any Content maintained or transmitted by Uncle Andy Toys, Inc.. You acknowledge that Uncle Andy Toys, Inc. reserves the right, at its sole discretion, to log off and completely remove accounts for any or no reason, including without limitation any accounts that remain inactive for an extended period of time.

 

Modifications to Services

Uncle Andy Toys, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Uncle Andy Toys, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Services.

 

Termination

You agree that Uncle Andy Toys, Inc. may, for any reason or no reason and without prior notice, at its sole and exclusive discretion, immediately terminate your account and access to the Services at any time and for any or no reason, and shall not be liable to you or any third party for any termination of your account or access to the Services.

 

Links

Uncle Andy Toys, Inc. may provide links to other Internet Web sites or resources. You acknowledge and agree that Uncle Andy Toys, Inc. has no control over, is not responsible for the availability of, and does not endorse and is not responsible or liable for, any Content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Uncle Andy Toys, Inc. is not responsible in any way for any damage or loss caused by or in connection with use of or reliance on any such site or resource.

 

Proprietary Rights

You acknowledge and agree that the Services contain proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, intellectual property laws, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Uncle Andy Toys, Inc., you agree not to copy, modify, rent, lease, loan, sell, distribute, publicly display, publicly perform or create derivative works based on the Services, in whole or in part.

 

Limitation of Liability/Indemnification

You expressly understand and agree that Uncle Andy Toys, Inc. and its subsidiaries, affiliates, officers, directors, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Uncle Andy Toys, Inc. has been advised of the possibility of such damages), resulting from: the use or the inability to use (for any period) the Services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Website; or any other matter relating or referring to the Services. You acknowledge and agree that the Services, including without limitation any Applications you may download or purchase, are provided solely for entertainment purposes. You shall not utilize any of the Services, including without limitation any of the Applications for wagering, gambling or other games of chance which shall be deemed a violation of these Terms and Conditions. Without limiting any of the other Terms and Conditions, you agree to defend, indemnify and hold Uncle Andy Toys, Inc., together with its officers, shareholders, directors, employees, contractors, attorneys and agents harmless from and against any and all claims, injuries, penalties and damages of all type, including without limitation personal injury and death, relating or referring to or arising out of the use of the Services, including without limitation any Application.

 

Notices

Uncle Andy Toys, Inc. may provide you with notices, including those regarding changes to these Terms of Use, including but not limited to email, regular mail, SMS, MMS, text message, postings on Uncle Andy Toys, Inc., or other reasonable means now known or hereinafter developed.

 

Trademark Information

The trademarks, logos, service marks, and product and service names related to the Services are trademarks of The Uncle Andy Toys, Inc. Unauthorized use is strictly prohibited.

 

General Information

Entire Agreement. These Terms of Usetogether with the PRIVACY POLICY constitute the entire agreement between you and Uncle Andy Toys, Inc. and governs your use of the Services, superseding any prior agreements (whether written or oral) between you and Uncle Andy Toys, Inc. with respect to the Services. You also may be subject to additional terms and conditions that may issue from time to time.

Choice of Law and Forum. The Terms of Use and the relationship between you and Uncle Andy Toys, Inc. shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Uncle Andy Toys, Inc. agree to submit to the personal and exclusive jurisdiction of the New Jerseystate or federal courts for any and all claims relating or referring to the Services.

Waiver and Severability of Terms. The failure of Uncle Andy Toys, Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Limitation of Actions. You understand and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related or referring to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles within these Terms of Use are for convenience only and have no legal or contractual effect.

 

General Conditions

We reserve the right to modify or terminate the Services for any reason, without notice at any time. We reserve the right to alter these Terms of Service at any time. We reserve the right to refuse Services to anyone for any reason or no reason at any time. We reserve the right but do not have the obligation to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. We reserve the right but do not have the obligation to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.