Acceptance of Terms
By accessing or otherwise using the Site, you (“visitor,” “you” or “your”) agree to be bound by the terms of these GTOU. If you do not agree to be bound by such terms and conditions, you must not access or use the Site. Auldey reserves the right to update and modify these GTOU in our sole discretion and at any time. Notice will be posted of any modifications to these GTOU. Continuing to use the Site after such changes are posted means that you accept the changes.
All materials on this Site (including all texts, graphics, logos, images, audio clips, video, data, organization, layout and content of the Site) are owned and copyrighted or licensed by Auldey and its affiliates (©2015 by Auldey Toys of North America, LLC. All Rights Reserved) and, as such, are protected under the copyright laws of the United States and other countries. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or exploit any part of the Site.
Trademarks and Logos
All rights in product names, trade dress and slogans whether or not appearing in large print or with the trademark symbol, belong exclusively to Auldey and/or its affiliates and licensors and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or other materials, except as expressly permitted, is prohibited, and nothing stated or implied on this Site confers on you any license or right. To obtain written permission to use Auldey’s trademarks, please contact firstname.lastname@example.org.
Acceptable use of the Site
By accessing the Site, you agree that you will not (and will not permit or encourage others to): (1) Use the Site or any of its content, in violation of any applicable law, regulation, or ordinance; (2) Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or the content for any commercial purpose without the express written consent of Auldey; (3) Transmit, copy, or download any content (in whole or in part) for the benefit of any other merchant; (4) Use or attempt to use any software, tool, agent, robot, spider or other similar data mining, scraping and extraction tools to navigate, search, or crawl the Site; (5) Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site; or (6) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
Links to Third Party Sites
This Site may contain hyperlinks to websites operated by parties other than Auldey or its affiliates. Such hyperlinks are provided for your reference only. Auldey does not control websites accessed through the hyperlinks and is not responsible for their contents or privacy practices. Inclusion of hyperlinks by Auldey does not in any way imply an endorsement of the material on such websites or any association with their operators. Your access and use of such third party site is solely at your own risk. You should always review the terms and conditions and privacy policies of any other website that you access through the hyperlinks available on the Site.
You use of the Site at your own risk. If your use of the Site results in the need of services or replacing property, material, equipment or data, neither Auldey nor its affiliates are responsible for those costs.
THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AULDEY, ITS AFFILIATES AND/OR ITS RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME WITHOUT NOTICE.
ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL AULDEY, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY AWAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AULDEY, ITS AFFILIATES OR ANY OF ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Auldey, its subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from and against any and all claims, liabilities, damages, judgments, losses, costs and expenses, including reasonable attorneys’ fees, related to any violation of these GTOU by you or arising out of your use of this Site.
Limitation of Liability
IN NO EVENT SHALL AULDEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WEHTHER IN AN ACTION IN CONTRACT OR TORT ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
These GTOU and the resolution of any dispute related to these GTOU or this Site shall be governed by and construed in accordance with the laws of the State of Massachusetts without giving effect to any principles of conflicts of law. Failure by Auldey or its affiliates to insist upon strict enforcement of any provision of these GTOU shall not be construed as a waiver of any provision or right.