TERMS OF USE

Thank you for visiting the TOMY.com Website (the “Site”) operated by TOMY International, Inc. (“TOMY”). The terms “TOMY” “we” “us” and “our” refer to TOMY. The terms “you” or “your” refer to the person accessing the Site, and any entity on whose behalf such person is accessing the Site. This Site is managed and controlled by TOMY. These Terms of Use establish the terms and conditions that apply to the Site, any of the content contained in the Site (the “Materials”), and services provided to you through this Site (the “Service(s)”) and products offered for sale on the Site and/or purchased by you from the Site (the “Product(s)”).

You must accept these Terms of Use as a condition of purchasing any Products from TOMY through the Site as more specifically set forth below.

BY ACCESSING OR USING THE SITE AND BY REGISTERING FOR AND USING YOUR TOMY ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY OTHER ADDITIONAL TERMS INCORPORATED BY REFERENCE HEREIN. YOU ARE ONLY AUTHORIZED TO USE THE SITE AND YOUR TOMY ACOUNT (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED) IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE SITE AND IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND ANY TOMY ACCOUNT CREATED BY YOU AT THE SITE.

TOMY may, in its sole discretion, revise these Terms of Use at any time. You will be bound by the revised Terms of Use as condition of your next visit to the Site or your TOMY Account. Each time you access or use this Site you understand and agree that you are re-affirming your consent to the then existing version of these Terms of Use. We encourage you to review the Terms of Use frequently to ensure that you understand the terms and conditions that apply when you access or use the Services or back Crowd-Funded Products, receive or use the Products. If you do not agree to the revised Terms of Use, you may not continue to access or use the Services, or back Crowd-Funded Products.

Table of Contents

  1. In General
  2. Information Collected
  3. User Submissions
  4. Use of Information and Materials
  5. Account Registration
  6. Obligation for Using Your Password
  7. Links to Other Sites
  8. Intellectual Property Protection
  9. Prohibited Activity
  10. Use of the Site
  11. Purchases Made through the Site
  12. Crowd-Funded Products
  13. Shipping and Returns
  14. Privacy Policy
  15. Disclaimer of Warranties and Damage Liability
  16. Indemnification
  17. Assignment
  18. Governing Law; Dispute Resolution
  19. Legal Compliance
  20. Waiver

1. In General

We agree to provide you access to the Site and the Materials in accordance with these Terms of Use. You agree to access and use the Site and the Materials in a manner consistent with any and all applicable laws, rules and regulations. All information, data, or content displayed by us on the Site are for your information only.

2. Information Collected

We may collect, process and transmit personally identifiable information obtained from and about you in the course of your accessing and using the functionality and Materials available to you at the Site in accordance with our Privacy Policy posted on the Site. By agreeing to these Terms of Use you agree to our use and retransmission of such data as set forth in our Privacy Policy. If you submit information to us, or pose questions to us, about the Services or the Products, you grant to us a non-exclusive, world-wide, royalty free license to publish that information, or our answers to your questions, on the Site, in the Materials, or in TOMY’s other promotional activities.

3. User Submissions

TOMY does not claim ownership of any materials you may provide to TOMY (including feedback and suggestions), or that you post, upload, input or submit in connection with your use of the Site or your TOMY Account (your “Submissions”). Notwithstanding the foregoing, and subject to TOMY’s Privacy Policy, you hereby grant TOMY a royalty-free license to use your Submissions (including, without limitation, the rights to: copy, distribute, relicense, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submissions), and to publish your name in connection with your Submissions. No compensation shall be paid or owed to you with respect to TOMY’s or its sub-licensees’ use of your Submissions as licensed herein. TOMY is under no obligation to post or use your Submissions, and may remove your Submissions from the Site, your TOMY Account, or any other web site or distribution channel at any time in TOMY’s sole discretion.

By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Site, or your TOMY Account, you represent and warrant that you own or otherwise control the rights necessary to do so and to grant to TOMY the license set forth above. You will defend, indemnify, and hold TOMY and its agents, employees, officers, directors, subsidiaries, affiliates, parents, and partners harmless from any losses, expenses, judgments, fines or penalties, including reasonable attorney’s fees and litigation or arbitration costs and expenses, based upon claims asserted by a third party alleging facts that if true would constitute a breach by you of any of the foregoing representations or warranties.

You are prohibited from posting on or through the Site or your TOMY Account any “Prohibited Submissions”, which shall include, but not be limited to, Submissions that are deemed in TOMY’s sole discretion to be patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual; harass or advocate harassment of another person; exploit people in a sexual or violent manner; contain violence or offensive subject matter or contain a link to an adult site; solicit personal information from anyone under the age of eighteen (18); promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promote an illegal or unauthorized copy of another person’s copyrighted work; involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, violate someone’s privacy, or provide or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or include a photograph of another person that you have posted without that person’s consent. TOMY reserves the right to investigate and take appropriate legal action against anyone who, in TOMY’s sole discretion, violates this provision, including without limitation, removing the offending communication or Prohibited Submission from the Site or your TOMY Account, or any other web site hosted or maintained by TOMY, and terminating the Accounts of such violators.

TOMY DOES NOT ASSUME ANY RESPONSIBILITY FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY OF YOUR SUBMISSIONS OR THE SUBMISSIONS OF ANY OTHER PERSONS OR ENTITIES THAT APPEAR ON THE SITE OR YOUR TOMY ACCOUNT.

TOMY DOES NOT ASSUME ANY RESPONSIBILITY FOR MONITORING YOUR SUBMISSIONS, AND, IF AT ANY TIME TOMY CHOOSES, IN ITS SOLE DISCRETION, TO MONITOR SUCH SUBMISSIONS, TOMY NONETHELESS DOES NOT ASSUME ANY RESPONSIBILITY FOR THE SUBMISSIONS, ANY OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE OR INACCURATE SUBMISSIONS, OR ANY RESPONSIBILITY FOR YOUR CONDUCT IN SUBMITTING ANY SUBMISSION.

FURTHERMORE, TOMY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ABILITY OF ANY PERSON TO RELY UPON ANY SUBMISSIONS SUBMITTED BY ANY THIRD PARTIES ON THE SITE, OR ANY SUBMISSIONS THAT YOU MAY POST TO YOUR TOMY ACCOUNT, OR TO ANY OTHER SITE.

4. Use of Information and Materials

You are permitted to view the Site and the Materials that we display on the Site, or that we send to you at your request, solely for your personal information and internal use. In doing so, you may not remove or amend any trademark, copyright or other proprietary notices that appear on any of the Materials and the Products. You may not modify, copy, distribute, redistribute, republish, license, sublicense, or upload any of the Materials without our prior written consent, which we may withhold in our sole discretion. Your access to and use of the Site shall not constitute any license or transfer to you by TOMY of any intellectual property rights in any content, text, data, images, audio or video files, or graphical material displayed on the Site, or delivered to you upon your request made to us at the Site.

5. Account Registration

If you create a TOMY Account by completing the registration process at the Site, you represent and warrant to TOMY that:

  1. You have provided TOMY with true, accurate, and complete information about yourself as prompted by any TOMY Account registration processes, including, without limitation, your name, your telephone number, your address, and a valid email address;
  2. You will update your contact information in order to maintain its truth, accuracy, and completeness;
  3. You are at least eighteen (18) years of age and have the legal capacity and authority to be bound by these Terms of Use;
  4. You will comply with any and all federal or state laws, rules, or regulations when engaging in commercial transactions with TOMY through your TOMY Account, including, but not limited to, any state or federal laws regulating the fraudulent use of personally identifiable information about consumers (e.g., identity theft); and
    Your registration information and other information about yourself that you have supplied to TOMY are subject to our Privacy Policy governing the Site, which is accessible at the following hyperlink https://tomy.com/privacy-policy.

6. Obligation for Using Your Password

ALL INFORMATION TRANSMITTED BY, SUBMITTED BY, OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE OR YOUR TOMY ACCOUNT WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your TOMY Account password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site or your TOMY Account for which you will be legally responsible, and liable to TOMY for any resulting damages. If you suspect that someone may have obtained access to your TOMY Account password who is not intended to have authority to act on your behalf, please contact TOMY immediately to enable TOMY to deny access to your TOMY Account to anyone else presenting your password.

7. Links to Other Sites

If we provide hypertext links to third party sites we do so for information purposes only, and such links are not endorsements by us of any materials, products or services offered on such sites and we do not accept any liability for your use of such materials, products or services. We are not responsible for the content or practices of the entities that operate any third-party sites to which you may link, or be linked, from the Site, and do not make any representations or warranties about the content or accuracy of the materials, information or content on such third-party sites, the products or services offered by the operators of such sites, or the policies or practices, including the privacy policies, of the operators of such sites. You should review the terms of use agreements and privacy policies of any such sites before you access any content available, or use any functionality accessible, on such sites.

8. Intellectual Property Protection

The Site and any Materials contained on or obtained through the Site, including, but not limited to, text, graphics, images, data, audio and video (collectively, the “Content”) are owned or licensed by TOMY. TOMY and its third-party licensors retain all proprietary rights in and to the Content, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, know-how, and prohibitions against unfair competition) and all broadcasting rights or other distribution rights associated therewith. In addition, TOMY owns the copyrights in the graphical presentation of the Content of the Site as TOMY’s collective work. You acknowledge the validity of TOMY’s copyright claims, and agree not to contest such claims, nor assist others in doing so. Unless otherwise expressly indicated on the Site or except for downloading and printing portions of the Materials that we deliver to you at your specific request, you may not download, store, print, modify, copy, reproduce, translate, perform, display, publish, create derivative works of, distribute or otherwise use the Materials in any way, without TOMY’s prior written permission.

The Content is protected by U.S. and international trademark, patent, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such Content, other than as permitted in these Terms of Use. Systematic retrieval of data or other Content from the Site or your TOMY Account, or any other TOMY service to prepare any collection, compilation, database, or directory is strictly prohibited.

The name “TOMY”, the domain at which the Site is located, and any other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of TOMY or of third parties with which TOMY has entered into licensing or distribution agreements. The trademarks and trade dress displayed on the Site may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TOMY, any TOMY affiliates, or any TOMY licensors. You may not use any meta tags or any other "hidden text" utilizing the TOMY’s name or trademarks displayed on the Site.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER TOMY NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR YOUR TOMY ACCOUNT. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THESE TERMS OF USE.

9. Prohibited Activity

You may not do any of the following while using the Site:

  • interfere with or disrupt networks connected to the Site or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site, through password mining or any other means;
  • interfere with another user’s use and enjoyment of the Site;
  • upload any message, information, data, text, software, graphic files or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
  • upload any content that contains a virus, corrupted file, or other harmful component;
  • impersonate any person or entity, including, but not limited to, TOMY personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • upload any content that you do not have a right to upload under law or under contractual or fiduciary relationships (including, but not limited to, nondisclosure agreements);
  • upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;
  • upload any unsolicited advertising, promotional products, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
  • intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of the Site; or
  • upload any content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.

Violations of TOMY’s system or network security may result in civil or criminal liability. TOMY will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users, including you, who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from TOMY on the Site and other than generally available third party web browsers (e.g., Firefox, Google Chrome, or Microsoft Explorer).

If you violate any provision of this Section, your permission to use your TOMY Account, and the Site shall automatically terminate.

10. Use of the Site

You understand and expressly agree that your use of the Site, the Services and the Materials is at your sole risk and that the Site, the Services and the Materials may not be current, complete, uninterrupted, accurate or error-free. We make no representation or warranty regarding the use, validity, security, accuracy, currency, completeness, or reliability of the Content accessible on the Site, or the results you might obtain from the use of the Site, or the Services or the Products you may purchase through the Site, or any of the Services about which information is displayed on the Site. We do not assume any liability or responsibility for any errors or omissions in the Materials and any actions that you take, or do not take, in reliance upon the Materials on the Site.

there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice.

Neither the Site, your TOMY Account, nor any data, information, text, images, nor other Content accessible on or through the Site may be duplicated, modified, reengineered, decompiled, reverse engineered, decrypted, reassembled, supplemented, translated, adapted, or enhanced. You shall not remove any notice or other indicia of an intellectual property right from the Site or your TOMY Account. You shall not use, copy, distribute, display, demonstrate, or sub-license the Site, any Content on or accessible through the Site, or your TOMY Account, the software related thereto, or any component thereof, except as permitted by these Terms of Use. The rights granted to you by TOMY to use the Site or your TOMY Account are strictly limited to the rights specified herein and you shall not have any rights to re-license or sub-license access to, or use of, the Site or your TOMY Account, or any components thereof, to any other person or entity. You acknowledge and agree that you are solely responsible for your use of the Site and your TOMY Account and for your compliance with any laws and regulations relating to your business operations.

11. Purchases Made through the Site

Unless otherwise specified herein, these Terms of Use apply to purchases of the Products made through the Site. We reserve the right, but are not obligated, to limit the sales of the Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of the Products and the Services, and pricing thereof are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product and Service made on the Site is void where prohibited. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We accept your order only upon shipment of the Product.

In the event a Product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such Product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them). We have made every effort to display as accurately as possible the colors and images of the Products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

Product packaging and material may contain additional or different information. Always read labels, warnings, directions or other materials provided with the Product before using.

12. Crowd-Funded Products

This Section 12 only applies to the Crowd-Funded Products (as defined below)

Overview

Prestige Select is an ecommerce platform featuring fandom products which are made available by TOMY to its consumers for purchase and which also contains content and intellectual properties pertaining thereto owned by TOMY and/or licensed to TOMY by a third party licensor. From time to time, you may use the Site to financially contribute to and order creative toys, products and other items that will be developed and made available by TOMY (the “Crowd-Funded Product(s)”). For the purpose of these Terms of Use, the Crowd-Funded Products are included in the definition of the Products. In the event of any conflict between Section 12 and other parts of these Terms of Use, the terms of Section 12 shall prevail with respect to the Crowd-Funded Products.

When you back a Crowd-Funded Product, you are making a commitment to purchase the Crowd-Funded Product that will only be fulfilled if the minimum number of backings (the “Minimum Backing Goal”) is met for the project during the Project Backing Period (as defined below). Each Crowd-Funded Product will have its own unique duration when you can back the Crowd-Funded Product (each, a “Project Backing Period”). Once the Minimum Backing Goal is met, your backing becomes an “order” and your payment is collected at the completion of the Project Backing Period, then the Crowd-Funded Product will be made and ultimately shipped.

Minimum Backing Goal Requirement
You will provide your payment information when you back a Crowd-Funded Product, but you will not be charged at that time. You are only charged if the project reaches the Minimum Backing Goal during the Project Backing Period. The exact amount you back is the amount TOMY will collect. If the project has not reached its Minimum Backing Goal during the Project Backing Period, you will not be charged, no funds will be collected, and no money will change hands. Check the main page for the Crowd-Funded Product you backed to see if the Minimum Backing Goal has been met.

Early Reservation of Charges
In some cases, we will reserve the charge on your card. TOMY and its payment partners may authorize or reserve a charge on your payment method for any amount up to the full backing amount, at any time between your backing and the collection of funds.

Early Cancellation of Your Backing
You can cancel your backing at any time before the completion of the Project Backing Period by contacting TOMY Customer Service Monday - Friday 8:00am - 4:00pm CST at 800-704-8697 or email us at [email protected]

Revocation of Backing
We reserve the right to revoke your backing or order for the Crowd-Funded Product at any time in our sole discretion, including as a result of an actual or suspected violation of these Terms of Use.

Shipping Address
We are currently shipping the Crowd-Funded Products to the contiguous United States only. Please note we cannot ship the Crowd-Funded Products to any other locale at this time. We reserve the right to increase, decrease, add, or eliminate shipping, handling and processing charges from time to time, including based upon changes to your TOMY Account, but we will provide a notice and receipt of the charges applicable to you. You agree that you will not obtain, or arrange for the direct shipment of, the Crowd-Funded Products for export.

Estimated Shipping Date
For the Crowd-Funded Products, the date listed on the Site is an estimate of when the Crowd-Funded Products are expected to ship – not a guarantee to fulfill by that date. The schedule may change as production on the Crowd-Funded Products continues. Some projects or orders may contain multiple shipments. In these cases, you will see two estimated shipment dates.

Returns and Refunds
If your product arrives damaged due to transit or fails to comply in all material respects with the published specifications for the product, you may request a return within 30 days of delivery for a replacement or a refund by contacting Customer Service at by emailing [email protected], by calling 1-800-704-8697 Monday – Friday 8:00am – 4:00pm CST, or by visiting us.tomy.com/contact-us/. Replacement is subject to availability. We cannot accept for return or replacement any item that has been opened, unless it arrived damaged. If a refund is issued, the purchase price of the item plus applicable sales tax will be credited. You will be responsible to pay the return shipping costs. All eligible refunds are made to the original form of payment.

13. Shipping and Returns

We currently ship to the U.S., Canada, Guam, Puerto Rico and Virgin Islands except to the extent that the Crowd-Funded Products can be shipped to the contiguous United States only. We do not accept other international orders on the Site at this time. With respect to the shipment of the Products purchased through the Site, risk of loss and title for the Products purchased from the Site pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession or use of any Product purchased through the Site.

All weekday orders (including Express Shipments) received after 1 pm CT will not be processed until the following business day. Saturday and Sunday orders will not ship out until the following Monday, excluding holidays. Any shipment delivery times listed in the “Shipping Information” section of the Site are estimates based on past experience. Delivery schedules are subject to circumstances beyond the carrier's control such as weather conditions and mechanical problems. Delivery time does not include pre-orders.

TOMY offers a limited warranty on select Products from the date of purchase under normal and intended use and service against defective workmanship and material. If the Product fails to meet our limited warranty, we will, at our option, replace the Product free of charge, or provide you with a replacement of comparable value.

This warranty does not apply in cases of damage in transit, inadequate care or neglect, abuse, abnormal use, misuse, accidents, normal wear and tear, damage due to environmental or natural elements, failure to follow product instructions, immersion in water (except for the Products specifically identified by us in writing as intended for water use), battery leakage or improper installation, improper storage or maintenance of the Products, or improper service or causes not arising out of defects in materials and workmanship.

For specific warranty information on the Product, please check the Product packaging or complete the form on the Contact Us page. You may contact TOMY Customer Service Monday - Friday 8:00am - 4:00pm CST at 800-704-8697 or email us at [email protected].

Pursuant to our Return Policy (https://tomy.com/returns), the Products purchased through the Site may be returned for a refund. To receive a refund, the return must be postmarked no more than 30 days from the date the carrier delivers the package to you. All returned Products must be unused with original ticketing & tags attached. Shipping charges are not refundable.

All returns must be sent back to our warehouse, located in Dyersville, Iowa. All returns will receive a refund issued in the original form of payment. Gifts may be exchanged for merchandise or online credit, not a refund. It is your responsibility to pay for the return shipping of non-defective Product. See our Return Policy for procedures to obtain a Return Authorization number and shipment information.

We do not accept returns or refunds for products purchased at retail stores. If you have a product purchased from a retail store that is damaged, defective or does not meet your expectations please return it with your receipt to the place of purchase for an exchange or refund. The return is subject to the discretion of the retailer.

14. Privacy Policy

TOMY respects your right to privacy and understands that visitors to the Site, and TOMY Account holders, need to be in control of their personal information. To that end, TOMY has developed a Privacy Policy, that governs your use of the Site and your TOMY Account, and you should review it carefully. Your use of the Site and your TOMY Account constitutes your consent to the terms set forth in the TOMY Privacy Policy.

15. DISCLAIMER OF WARRANTIES AND DAMAGE LIABILITY

THE SITE AND THE MATERIALS DISPLAYED ON THE SITE ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY EXPRESS WARRANTIES OF ACCURACY, TIMELINESS, NON-INFRINGEMENT OR COMPLETENESS OF ANY MATERIALS DISPLAYED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, PROCUCT OR SERVICE SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS OR BUG, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION YOUR USE OF THE SITE, ANY SITE TO WHICH YOU MAY LINK FROM THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING ANY PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

16. Indemnification

You will defend, indemnify and hold harmless TOMY and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, attorneys’ fees and litigation costs and expenses at trial or on appeal) arising from or relating to your use of the Site, the Materials, the Services or the Products, or your breach or violation of these Terms of Use. TOMY reserves the right to undertake the direct defense of any such claim at your cost and expense, and you agree to provide TOMY with such reasonable cooperation as it may request.

17. Assignment

These Terms of Use shall bind and inure to the benefit of TOMY’s successors, assigns and licensees. TOMY shall have the right to assign or otherwise transfer its rights or obligations under these Terms of Use whether by contract, merger, sale of all or substantially all of TOMY’s assets, or operation of law without your consent, or notice to you. You shall not have the right to assign, by contract, operation of law or otherwise, these Terms of Use or any of the rights, interests, or obligations hereunder, without TOMY’s express written permission, which TOMY may withhold in its absolute discretion.

18. Governing Law; Dispute Resolution

These Terms of Use will be governed by the Iaws of the State of Illinois, without regard to its conflicts of laws principles. You agree that any and all disputes, claims and causes of action arising from or relating to the Site or these Terms of Use may be brought only in a state court sitting in DuPage County, Illinois, or a federal district court sitting in Chicago, Illinois, and you hereby consent to the personal jurisdiction, venue and convenience of such courts. Any and all disputes, claims and causes of action arising out of or relating to the Site or these Terms of Use shall be resolved individually, without resort to any form of class action. Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Terms of Use had been eliminated.

19. Legal Compliance

The Site is based in the United States. Access to the Materials by certain persons may not be lawful under the laws of certain countries. If you access the Site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws applicable in the location from which you access the Site.

20. Waiver

Any waiver of any provision of these Terms of Use will be effective only if it is in writing and signed by an authorized officer of TOMY.

Last Updated: June 23, 2022