Terms And Conditions
Effective Date: June 16, 2010
Welcome to
www.mywebrc.com . This Website is owned and operated by Groovy Toys
LLC, a State of Florida, USA Limited Liability Company. If you have any
questions relating to this Website, they can be sent to the attention
of our Customer Service Representative by email at
CustomerService@grooyi.com.
These Terms of use
constitute a contract between you and Groovy Toys LLC and apply to all
users of this Website. In these Terms of use “you” or “your” means any
person or entity using this Website, provided that if such person is
under 18 years of age or the age of majority in your jurisdiction,
whichever is older, it also includes such person’s parent or legal
guardian. Unless otherwise stated, “Groovy Toys LLC”, “we” or “our”
refers to Groovy Toys LLC, a State of Florida, USA, Limited Liability
Company and its successors and assigns.
Through this Website, you may register, care for and personalize your
My Web RC Radio Control Cars and activate My Web RC related products.
We hope you will enjoy our Website and will visit us often to play with
your My Web RC Radio Control Cars. To fully enjoy our Website, we would
like you to be aware of the rules that will govern your use of the
Website.
PLEASE
READ THESE TERMS OF USE CAREFULLY, AND IF YOU ARE UNDER THE AGE OF
MAJORITY (AS DEFINED HEREIN) IN YOUR JURISDICTION, MAKE SURE THAT YOUR
PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR
BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THESE TERMS OF USE BY CLICKING THE “I ACCEPT” BUTTON BELOW. IF YOU DO
NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS
OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE. PLEASE
PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.
Amendments and/or Supplements
From
time to time we may amend or supplement these Terms of use. Please
check these terms of use each time you access and use this Website so
that you will understand the terms applicable to your access and use of
this Website. When we make changes to these terms of use, we will
notify you of the changes by posting the revised version on our Website
and ask for your agreement to it at that time. If you do not agree to
the amended Terms of use, you may not continue to access or use the
Website. However, note that no changes to these terms of use that we
may make in the future will shorten the balance of your Period of
Registration at the time of amendment.
Privacy Policy
Our
general Privacy Policy is incorporated into these terms of use by
reference and provides additional terms and conditions related to our
use, collection and disclosure of your personal information. Our
Privacy Policy may be changed from time to time. When we make changes
to this Privacy Policy, we will notify you of the changes by posting
the revised version on our Website and ask for your agreement to it at
that time. If you do not agree to the amended Privacy Policy, you may
not continue to access or use the Website. Any other posted guidelines
or rules applicable to any individual use of this Website will form
part of these terms of use.
Links to Other Websites
While
Groovy Toys LLC may provide links to other websites owned and/or
operated by Groovy Toys LLC or unaffiliated third parties, these sites
are not part of this Website, and each one has its own Terms of use. In
addition, to the extent such linked websites are not owned or operated
by affiliates of Groovy Toys LLC; these sites have their own policies
with respect to the collection, use and disclosure of your personal
information. Please be sure to review the applicable agreements and
policies carefully when visiting our other websites or any third party
websites to whom we provide links. Groovy Toys LLC is providing these
links to you only as a convenience and the inclusion of any link does
not imply endorsement by Groovy Toys LLC of the website linked to.
GROOVY TOYS LLC ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF
THIS WEBSITE WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Unless otherwise
expressly indicated by us, we are not sponsored by or affiliated with
the linked website and we do not control the information and materials
accessed from such third party websites. Furthermore, the trademarks
used in connection with such third party websites are not trademarks of
Groovy Toys LLC.
Account and Registration
Certain
products, services, information and materials provided by Groovy Toys
LLC through this Website may be accessed and/or used by you without
requiring registration or login to this Website, this is the Public
Area. Other products, services, information and materials provided by
Groovy Toys LLC through this Website, require registration in order to
be accessed and/or used by you, this is the Member Area. These terms of
use apply equally to the use and access of Public Area and Member Area.
When
you register at this Website, you will be asked to create a username
and password and identify your Radio Control Membership Code in order
to access the Member Area. When choosing your username, don’t use
personal information that can identify who you are.
After you provide
us with your username, password and Radio Control Car Membership Code,
we will also collect answers about you and your My Web RC Radio Control
Car that will help us identify you in case you forget your password in
the future. When you answer these questions, we collect your first name
only, your country of residence, your birth date and your gender; if
you live in the United States or Canada, we also collect your state or
province of residence.
Account Security
IT
IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU
KEEP YOUR USERNAME, PASSWORD AND RADIO CONTROL CAR MEMBERSHIP CODE IN A
SAFE PLACE OFFLINE.
We will use your username and
password to identify you when you return to our Website. If you forget
your username or password and lose your Membership Code, you may not be
able to access the Member Area and play with your Radio Control Car.
Your Membership Code acts as your key to this Website if you forget
your password or username. We recommend you print a copy of your
Account information.
You are responsible for maintaining the confidentiality of your Account
and for all activities that occur through the use of your Account. You
agree to: (i) immediately notify Groovy Toys LLC of any unauthorized
use of Your Account or any other breach of security, and (ii) ensure
that you exit from Your Account at the end of each session. Groovy Toys
LLC will not be liable for any loss or damage arising from your failure
to comply with this section. From time to time you may be issued a new
password or required to change your password.
We have put physical, electronic and managerial procedures into place
in order to help safeguard and prevent unauthorized access, use and/or
disclosure of your personally identifiable information. Although we use
reasonable efforts to safeguard the security of your personally
identifiable information, transmissions made on or through the Internet
and personally identifiable information stored on our servers or the
servers of third parties that we use are vulnerable to attack and
cannot be guaranteed to be secure. In addition, submissions made via
email are not protected by encryption and are vulnerable to
interception during transmission. We disclaim responsibility for all
negligent acts that may result in disclosure of your personal
information.
Period of Registration
Your
Account on this Website is valid for twelve (12) months following the
date that you register your Radio Control Car on this Website, unless
terminated earlier in accordance with these terms of use. You may
extend or renew this period and any period which results from such
extension or renewal as described below. Whichever period is then
current shall be referred to as the “Period of Registration”.
Each time you purchase an additional My Web RC Radio Control Car, your
Period of Registration will be reset at twelve (12) months from the
date that you register the new Radio Control Car on this Website.
Period of Registrations are not cumulative – for example, if you
register two new My Web RC Radio Control Cars at the same time, your
new Period of Registration would be twelve (12) months from the date of
activation of the new RC Cars, not twenty four (24) months.
If
you let your Account lapse without renewing it prior to the end of your
then-current Period of Registration as discussed above, you may
reactivate your Account within the next six months; for a further
period of twelve (12) months from the date of reactivation by
registering a new My Web RC Radio Control Car. Further details
regarding renewal periods, will be provided as new features become
available on this Website.
This Website is designed for you to register all of your Radio Control
Cars using your original username and password. We strongly recommend
that you DO register all of your RC Cars using your original username
and password so that you can take full advantage of all of the features
that we have on this Website. If, by mistake, you register a new Radio
Control Car using a different username and password, a new Account will
be created. Accounts are separate. Renewing, extending or resetting one
Account does not renew, extend or reset any other Account that you may
have on this Website.
User
Accounts, usernames and passwords are not transferable, even between
your own Accounts, and similar to digital items My Web RC Points have
no retail value and are not redeemable for cash.
Account Suspension and/or Termination
Groovy
Toys LLC reserves the right to suspend any Account that has been
inactive for six (6) months or more. If your Account has been suspended
for inactivity, you may reactivate it, as long as your Period of
Registration has not expired. Reactivation may take up to 24 hours to
complete.
In addition, Groovy Toys LLC may terminate
or suspend your Account and/or access to all or part of this Website
and/or any products or services available through this Website in the
event (i) it determines after reasonable investigation that you have
breached these terms of use or that your conduct violates applicable
law or is otherwise harmful to the interests of Groovy Toys LLC or
other third parties, or (ii) Groovy Toys LLC determines to cease its
operations and/or its provision of any applicable products or services
in connection with this Website.
Ownership of Intellectual Property and Restrictions on Use of Materials
All
products, services, content, information displayed, performed or
otherwise accessible through this Website, including: Public Areas,
Member Areas, and Membership Codes together with all digital images
activated by such codes, Software (as defined below), designs, texts,
databases, images, photographs, illustrations, audio clips, video
clips, artwork, graphic material, animation, and any copyrightable
and/or patentable elements, and the selection and arrangements thereof,
and all trademarks, service marks, trade names, trade dress and
patents, (“Groovy Toys LLC Materials”) are the property of Groovy Toys
LLC, its partners, affiliates, third party licensors and suppliers
and/or any of their successors and assigns, and are protected, without
limitation, by United States of America and other foreign copyright,
trademark and patent laws. Without limiting the generality of any other
provisions of these terms of use, the use of any Groovy Toys LLC
Materials on any other website or networked computer environment is
prohibited.
These terms of use grants to you a limited
license to access and use this Website, the Public Area, and if
applicable, the Member Area, for your personal, non-commercial use,
provided that this license is limited to the display of the Groovy Toys
LLC Materials in their entirety, including but not limited to visual
elements such as advertisements that adjoin content. Any attempts to
access the Groovy Toys LLC Materials in a manner that obscures or
blocks such adjoining visual elements is a violation of the license
granted hereunder. You may print and retain a copy of pages of this
Website only for your own personal, non-commercial use. Except as
expressly provided above, you agree that no portion of this Website may
be accessed, used, reproduced, duplicated, copied, or otherwise
exploited by you for any other purpose, and nothing contained herein
shall be construed as conferring any other right. You may not use the
Groovy Toys LLC Materials in a manner that suggests an association with
any of our products. You may not make any modifications to any Groovy
Toys LLC Materials other than as expressly permitted by us.
Without
limiting the generality of the foregoing, you agree that you shall not:
(i) download or copy any Website pages, except as may occur through the
normal caching function of your browser and except to print and retain
a copy of the pages of this Website for your own personal,
non-commercial use; (ii) download or copy Website information for the
commercial benefit of you or a third party; (iii) make any resale or
commercial use of this Website or the Groovy Toys LLC Materials; (iv)
publish any collection or compilation of any product listings,
descriptions, or prices; (v) create any derivative work of this Website
or its contents; (vi) use any data mining tools, robots, or similar
data-gathering and extraction devices with respect to this Website and
the information contained thereon; (vii) frame or use framing
techniques to enclose any trademark, logo, trade name or other content
(including images, text, page layout, or form) of Groovy Toys LLC or
its licensors; or (viii) use any meta tags or any other "hidden text"
utilizing the trademarks, logos, trade names or content of Groovy Toys
LLC or its licensors.
If you download, access or use
software from this Website, the software, including any files, codes,
images, and audio clips incorporated in or generated by the software,
and data accompanying the software (collectively, the “Software”) are
licensed to you for your personal, non-commercial home use pursuant to
a personal, non-exclusive, non-assignable, non-transferable license.
Groovy Toys LLC keeps full and complete title to the Software and all
intellectual property rights therein. You may not redistribute, sell,
lend, decompile, reverse engineer, disassemble or otherwise render the
Software to a human-readable form. Any unauthorized or prohibited use
may subject you to civil liability and criminal prosecution under
applicable laws.
Groovy Toys LLC has the right to vary, modify, change or discontinue:
(i) any feature or function offered on this Website; (ii) any part or
this entire Website, including hours of availability; and (iii) to
restrict access to parts or this entire Website from time to time with
or without notice to you. Groovy Toys LLC may make available and
upgrade this Website on the same terms and conditions as these terms of
use and any such upgrades will form part of this Website. In order to
obtain and access parts of this Website, including upgrades, you may be
required, at your own cost, to install specific software on your
computer. To make the experience on this Website more enjoyable, you
will need, at a minimum, a high speed Internet service, monitor
resolution of 800x600, and the following minimum supported browsers:
Windows: Internet Explorer 6, Netscape 7.2, Firefox 1.0, AOL Explorer
1.5 or Macintosh: Safari 1.2.3, Internet Explorer 5.2.3., Firefox 1.5.
These requirements may change and such changes will be posted on this
Website.
User Content
Certain
areas of this Website will permit you to send to Groovy Toys LLC
materials, information and other submissions. Groovy Toys LLC values
your feedback on this Website, and to help us better understand your
remarks, Groovy Toys LLC requests that you be as specific as possible
in your comments about this Website. Upon submission, all creative
suggestions, ideas, notes, artwork, drawings, stories, room designs,
concepts, content, materials or information of any nature, save and
except any personally identifiable information as defined in our
Privacy Policy, submitted by you to Groovy Toys LLC or otherwise posted
on this Website shall be deemed to be, and shall remain, the property
of Groovy Toys LLC. You shall be deemed to have irrevocably assigned in
perpetuity to Groovy Toys LLC free of charge all of your worldwide
right, title and interest in and to such User Content, and waived any
“moral” or author’s rights or rights to attribution therein completely
and irrevocably. Without limiting the foregoing, Groovy Toys LLC shall
exclusively own all now known or hereafter existing rights to the User
Content of every kind and nature throughout the world, and shall be
entitled to unrestricted use of the User Content for any purpose
whatsoever, commercial or otherwise, without compensation to the
provider of the User Content. To the extent any User Content is deemed
non-assignable by applicable law, you hereby grant (or warrant that the
owner of such rights has expressly granted) to Groovy Toys LLC, a
worldwide, royalty free, perpetual, irrevocable and nonexclusive right
and license to use, reproduce, modify, sublicense, edit, adapt,
publish, translate, broadcast, create derivative works from,
distribute, perform, display and publicize such User Content anywhere,
for any purpose and in any form, through any media or technology now
known or later developed, without any compensation to you. None of the
User Content shall be subject to any obligation of confidence on the
part of Groovy Toys LLC, and Groovy Toys LLC shall not be liable for
any use, non-use or disclosure of all or part of the User Content.
Without limiting any of the foregoing, Groovy Toys LLC may, but is not
obligated to, use and publish the User Content at this Website or
elsewhere for purposes that include without limitation contest
announcements, new or enhanced products or services, marketing and
public relations.
You are responsible for all User
Content posted by you. GROOVY TOYS LLC HAS NO RESPONSIBILITY FOR SUCH
USER CONTENT. You hereby represent and warrant that you have all
necessary rights in and to all User Content that you provide. Groovy
Toys LLC does not and cannot review every submission by users and is
not responsible for, nor does it endorse the content of such
submissions. However, Groovy Toys LLC retains the right, but not the
obligation, to review, edit or delete any User Content which Groovy
Toys LLC deems to be illegal, offensive, or otherwise inappropriate.
All information submitted by you which constitutes personal information
shall be subject to our Privacy Policy.
Events
From
time to time you may have the opportunity to send us your submissions
as part of a contest where your submissions are judged and the winner
will be awarded a virtual prize, such as My Web RC Points. We will
provide the rules for such contests at such times as they are made
available on this Website. You may also win My Web RC Points and other
virtual prizes through playing games of skill in the website, or
through events. With respect to such events and contests, the following
minimum rules shall apply:
• We will tell you the number and types of prizes to be won; all prizes are virtual and shall have no retail value;
• Your chances of winning depend on your skill in playing the
game selected, and where you are playing a game against other users of
this Website, your chances of winning also depend on the number of
other players and their skill in playing the game;
• For some games, it may be possible for there to be no winner
(for example, a trivia game where none of the players answers the
questions correctly);
• Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
• Some games have skill level by age group, so check the game
instructions carefully; however, unless we tell you otherwise, there
will be no special allocation of prizes by age group;
• We will clearly advise you of the start and stop times applicable to the game selected;
• There may be limits on the number of times you may play a game, so read the game instructions carefully; and
• Prizes will be awarded without undue delay.
Use of the Site
The
Website is provided by Groovy Toys LLC and is intended to be used in a
safe and enjoyable fashion. You are responsible for the content of any
material you enter on this Website. Users of this Website must not:
• 1. Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;
• 2. Sell, trade or barter any items earned through this Website;
• 3. Upload, submit, publish, transmit, display, disseminate or
otherwise communicate any materials while connected to or otherwise
using this Website that: (i) are defamatory, libelous or inaccurate,
(ii) are abusive or threatening towards or invade the privacy of any
third party, (iii) which are offensive, obscene or pornographic; (iv)
infringe the intellectual property rights, including copyrights, of any
third party; (v) violate any law or regulation; (vi) advocate illegal
activity; (vii) advertise or otherwise solicit funds or are a
solicitation for goods or services; or (viii) are treated as
confidential under any contract or policy;
• 4. Ever reveal personal information to other users online. The
best way to stay safe online is to NEVER share your real name, phone
number, address, email or passwords with other users;
• 5. Attempt to circumvent the security systems of this Website;
• 6. Attempt to gain access to this Website in a fraudulent
manner, including but not limited to using fraudulent Radio Control Car
codes;
• 7. Attempt to use this Website in a fraudulent manner,
including but not limited to, using cheat codes, exploits or similar
measures to gain, or attempt to gain, unearned My Web RC Points, items,
RC Cars, access to this Website or information or images that have not
yet been officially announced or incorporated into this Website’s
functionality.
• 8. Attempt to gain access to any other user’s Accounts;
• 9. Attempt to ascertain any other user’s password, Radio
Control Car Membership Codes and/or personal information by any means
whatsoever, including without limitation, by use of this Website or any
other website, or by e-mail communication;
• 10. Attempt to harvest or otherwise collect information about other users without their consent;
• 11. Attempt to use this Website for any purposes other than those intended by Groovy Toys LLC; or
• 12. Upload or submit any data or information that contains
viruses or any other computer code, corrupt files or programs designed
to interrupt, destroy or limit the functionality or disrupt any
software, hardware, telecommunications, networks, servers or other
equipment.
Disclaimers
THE
USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, THIS WEBSITE AND THE GROOVY TOYS LLC MATERIALS ARE
PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR
REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW,
THE GROOVY TOYS LLC GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR
A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS,
THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED
WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT
IS LINKED.
GROOVY TOYS LLC DOES NOT WARRANT THAT THIS WEBSITE, THE GROOVY TOYS LLC
MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE
AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED
OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE
RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME
WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH GROOVY TOYS
LLC’S CUSTOMER SERVICE DEPARTMENT OR A GROOVY TOYS LLC REPRESENTATIVE
THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH
SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS
DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER AND THESE
TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH
SUCH SOURCES.
IN ADDITION, GROOVY TOYS LLC DOES NOT WARRANT THAT THIS WEBSITE OR THE
SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK
WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINALLY, GROOVY TOYS
LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF
THE RESULTS OF THIS WEBSITE OR THE GROOVY TOYS LLC MATERIALS IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.
THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS,
CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY GROOVY TOYS LLC
MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY
YOU THROUGH THIS WEBSITE. IF YOUR USE OF THIS WEBSITE OR THE GROOVY
TOYS LLC MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR
REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT GROOVY TOYS LLC ARE
RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICTIONS MAY NOT ALLOW
DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT
APPLY TO YOU TO THE EXTENT PROHIBITED.
Limitations of Liability
TO
THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING
BUT NOT LIMITED TO NEGLIGENCE, SHALL GROOVY TOYS LLC BE LIABLE FOR ANY
LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE
TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING
WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN
CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE,
ESTORE ITEMS OR ANY OF THE GROOVY TOYS LLC MATERIALS OR CONTENTS WITH
WHICH IT IS LINKED, EVEN IF THE GROOVY TOYS LLC GROUP HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE
FOREGOING, GROOVY TOYS LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY
INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES,
ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL
LIABILITY OF GROOVY TOYS LLC FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY
OF THE GROOVY TOYS LLC MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED
THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN PURCHASING THE MY
WEB RC PRODUCT, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II)
USD$100.
Indemnity
YOU HEREBY
AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF GROOVY TOYS LLC HARMLESS
FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND
EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER(S) OF GROOVY TOYS
LLC MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING
FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF
THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT;
(III) YOUR PURCHASE OF ANY ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF
ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST
EFFORTS TO COOPERATE WITH GROOVY TOYS LLC IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY
MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Jurisdictional Issues and Dispute Resolution
This
Website is controlled, operated, hosted and served by Groovy Toys LLC.
Groovy Toys LLC offices are located in the USA. If you choose to access
and use this Website from another location, country or jurisdiction you
are responsible for compliance with local laws, if and to the extent
local laws are applicable. These terms of use shall be governed by and
construed in accordance with the laws of the State of Florida and the
laws of United States of America, without giving effect to any
principles of conflicts of law. If the arbitration and dispute
resolution provisions of these terms of use are not enforceable, you
agree that, except as set forth below, any action at law or in equity
arising out of or relating to these terms of use shall be filed only in
the United States, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such
action. The language of any proceedings arising under these terms of
use shall be English. This clause does not prevent the consumer from
applying the law of his place of residence and from accepting the
jurisdiction of his place of residence if this is imposed by national
or international laws. Nothing in these terms of use shall be deemed to
affect any statutory or other consumer rights that you may have under
local laws which cannot be or have not been altered, limited or waived
by this Agreement. You might wish to consult with a legal professional
in your own jurisdiction about the exact implications of these terms of
use should you have any queries about it.
Dispute Resolution
This
Website is owned and operated by Groovy Toys LLC, a State of Florida,
USA, and Limited Liability Company. If you have any questions or
concerns relating to this Website, they can be sent to the attention of
our Customer Service Representative by email at
CustomerService@grooyi.com. Should Groovy Toys LLC be unable to resolve
the issue, the following rules may apply to the dispute.
TO
THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE
RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF
COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY;
ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW
BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY
TERMINATION OF THESE TERMS OF USE.
Mandatory Arbitration — YOU AND GROOVY TOYS LLC AGREE TO ARBITRATE ANY
CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THESE TERMS
OF USE, EXCEPT THAT YOU OR GROOVY TOYS LLC MAY BRING AN INDIVIDUAL
ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY
INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR GROOVY TOYS LLC MUST
FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY
INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A
DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM;
AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO
ARBITRATE TO: GROOVY TOYS LLC, ATTN: GENERAL COUNSEL, 600 SW DARWIN
BLVD SUITE 209, PORT ST. LUCIE, FL 34953, USA. BOTH PARTIES AGREE TO
MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE
PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY FIVE (45) DAYS OF
RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL MUTUALLY AGREED
UPON BY BOTH PARTIES ARBITRATOR. YOU AND GROOVY TOYS LLC FURTHER AGREE
THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR
REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THESE TERMS OF
USE, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW.
THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO
ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THESE TERMS
OF USE ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF
ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.
Waiver of Jury Trial and Class Actions — BY ENTERING INTO THESE TERMS
OF USE, YOU AND GROOVY TOYS LLC ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN
RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO
PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS
OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND GROOVY
TOYS LLC BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN
INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE
BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN
ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY
AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY
THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE
SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR
THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN
COURT, YOU AND GROOVY TOYS LLC BOTH WAIVE, TO THE FULLEST EXTENT
ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR
AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A
REPRESENTATIVE CAPACITY.
Final Note to Parents
The
Internet offers a world of opportunity for children. Your guidance and
involvement are essential to help ensure that children have a safe and
rewarding online experience. We encourage you to visit The Direct
Marketing Association's Web site http://www.the-dma.org and explore the
Get CyberSavvy! program at
http://www.cybersavvy.org/cybersavvy/index.html. Get CyberSavvy! Helps
families learn how information flows online so they can use the
Internet in ways that protect their privacy and well-being. It also
contains a number of valuable resources to help parents and children be
aware of and express their preferences about information that is
collected online and how it is used. Your efforts to instill
responsible information practices will help steer your children to
age-appropriate sites and will go a long way toward ensuring that your
children have enriching experiences online.
General Provisions
These
terms of use and our Privacy Policy contain the entire understanding
between you and Groovy Toys LLC in connection with your access and use
of this Website and supersede all prior agreements, understandings,
negotiations or discussions, whether oral or written between you and
Groovy Toys LLC with respect to your access and use of this Website. If
any provision of these terms of use is found to be illegal, void or
unenforceable, then: (i) such provision (or portion thereof as
applicable) will be deemed to be restated to reflect as nearly as
possible the original intentions of the Parties in accordance with
applicable law, and (ii) the remaining terms, provisions, covenants and
restrictions of these terms of use will remain in full force and
effect. Notwithstanding the foregoing, if any provision of these terms
of use which is held null, void or otherwise ineffective or invalid by
an arbitrator or a court of competent jurisdiction cannot be restated
by such arbitrator or court to reflect as nearly as possible the
original intentions of the Parties, then that provision shall be deemed
severable from these terms of use. Your use of this Website is not
intended and shall not be deemed to create any agency, joint venture or
other legal relationship of any kind between you and Groovy Toys LLC
other than that of independent contractors. These terms of use may not
be assigned by you.