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Terms and Conditions
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR
USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS
WEB SITE.
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Products, Content and Specifications.
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All features, content, specifications, products and prices of products and services
described or depicted on www.toyking.com are subject to change at any time without
notice. Certain weights, measures and similar descriptions are approximate and are
provided for convenience purposes only. Toyking Inc. make all reasonable efforts
to accurately display the attributes of our products, including the applicable colors;
however, the actual color you see will depend on your computer system, and we cannot
guarantee that your computer will accurately display such colors. The inclusion
of any products or services on this Web Site at a particular time does not imply
or warrant that these products or services will be available at any time. It is
your responsibility to ascertain and obey all applicable local, state, federal and
international laws (including minimum age requirements) in regard to the possession,
use and sale of any item purchased from this Web Site. By placing an order, you
represent that the products ordered will be used only in a lawful manner. All videocassettes,
DVDs and similar products sold are for private, home use (where no admission fee
is charged), non-public performance and may not be duplicated.
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Shipping Limitations.
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When an order is placed, it will be shipping to an address designated by the purchaser
as long as that shipping address is compliant with the shipping restrictions contained
on this Web Site. All purchases from this Web Site are made pursuant to a shipment
contract. As a result, risk of loss and title for items purchased from this Web
Site pass to you upon delivery of the items to the carrier. You are responsible
for filing any claims with carriers for damaged and/or lost shipments.
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Accuracy of Information.
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We attempt to ensure that information on this Web Site is complete, accurate and
current. Despite our efforts, the information on this Web Site may occasionally
be inaccurate, incomplete or out of date. We make no representation as to the completeness,
accuracy or currentness of any information on this Web Site. For example, products
included on this Web Site may be unavailable, may have different attributes than
those listed, or may actually carry a different price than that stated on this Web
Site. In addition, we may make changes in information about price and availability
without notice. While it is our practice to confirm orders by email, the receipt
of an email order confirmation does not constitute our acceptance of an order or
our confirmation of an offer to sell a product or service. We reserve the right,
without prior notice, to limit the order quantity on any product or service and/or
to refuse service to any customer. We also may require verification of information
prior to the acceptance and/or shipment of any order.
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Use of this Web Site.
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The design of this Web Site and all text, graphics, information, content, and other
material displayed on or that can be downloaded from this Web Site are protected
by copyright, trademark and other laws and may not be used except as permitted in
these Terms and Conditions or with prior written permission of the owner of such
material. The software and other technology components of this Web Site are © 2006-2008,
Toyking Inc. or its affiliates and suppliers. The contents of this Web Site are
© 2006, Toyking Inc. or their respective affiliates and suppliers. All rights reserved.
Toyking also owns a copyright in this Web Site as a compilation. You may not modify
the information or materials displayed on or that can be downloaded from this Web
Site in any way or reproduce or publicly display, perform, or distribute or otherwise
use any such information or materials for any public or commercial purpose. Any
unauthorized use of any such information or materials may violate copyright laws,
trademark laws, laws of privacy and publicity, and other laws and regulations.
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Trademarks.
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Certain trademarks, trade names, service marks and logos used or displayed on this
Web Site are registered and unregistered trademarks, trade names and service marks
of Toyking or its affiliates. Other trademarks, trade names and service marks used
or displayed on this Web Site are the registered and unregistered trademarks, trade
names and service marks of their respective owners, including Toyking and its affiliates.
Nothing contained on this Web Site grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any trademarks,
trade names, service marks or logos displayed on this Web Site without the written
permission of Toyking or such other owner.
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Linking to this Web Site.
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Creating or maintaining any link from another Web site to any page on this Web Site
without our prior written permission is prohibited. Running or displaying this Web
Site or any information or material displayed on this Web Site in frames or through
similar means on another Web site without our prior written permission is prohibited.
Any permitted links to this Web Site must comply will all applicable laws, rule
and regulations.
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Third Party Links.
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From time to time, this Web Site may contain links to Web sites that are not owned,
operated or controlled by Toyking or their respective affiliates. All such links
are provided solely as a convenience to you. If you use these links, you will leave
this Web Site. Neither we nor any of our respective affiliates are responsible for
any content, materials or other information located on or accessible from any other
Web site. Neither we nor any of our respective affiliates endorse, guarantee, or
make any representations or warranties regarding any other Web sites, or any content,
materials or other information located or accessible from any other Web sites, or
the results that you may obtain from using any other Web sites. If you decide to
access any other Web sites linked to or from this Web Site, you do so entirely at
your own risk.
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Inappropriate Material.
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You are prohibited from posting or transmitting any unlawful, threatening, defamatory,
libelous, obscene, pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense or give rise to
civil liability, or otherwise violate any law. In addition to any remedies that
we may have at law or in equity, if we determine, in our sole discretion, that you
have violated or are likely to violate the foregoing prohibitions, we may take any
action we deem necessary to cure or prevent the violation, including without limitation,
the immediate removal of the related materials from this Web Site. We will fully
cooperate with any law enforcement authorities or court order or subpoena requesting
or directing us to disclose the identity of anyone posting such materials.
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User Information.
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Other than personally identifiable information, which is subject to this Web Site's
Privacy Policy, any material, information, suggestions, ideas, concepts, know-how,
techniques, questions, comments or other communication you transmit or post to this
Web Site in any manner ("User Communications") is and will be considered non-confidential
and non-proprietary. We and our respective affiliates and our or their designees
may use any or all User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication, broadcast, development,
manufacturing and/or marketing in any manner whatsoever for any or all commercial
or non-commercial purposes. We may, but are not obligated to, monitor or review
any User Communications. We will have no obligation to use, return, review, or respond
to any User Communications. We will have no liability related to the content of
any such User Communications, whether or not arising under the laws of copyright,
libel, privacy, obscenity, or otherwise. We retain the right to remove any or all
User Communications that includes any material we deem inappropriate or unacceptable.
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DISCLAIMERS.
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YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED
ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY. NEITHER TOYKING NOR ANY OF THEIR RESPECTIVE AFFILIATES
WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED
ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON
OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER TOYKING NOR ANY OF THEIR
RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION,
MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY
TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND
SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH
THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY
DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS"
IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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LIMITATIONS OF LIABILITY.
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Toyking not assumes any responsibility, or will be liable, for any damages to, or
any viruses that may infect, your computer, telecommunication equipment, or other
property caused by or arising from your access to, use of, or browsing this Web
Site, or your downloading of any information or materials from this Web Site. IN
NO EVENT WILL TOYKING, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED
IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE
PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE
THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER
OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY,
OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE
RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
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Revisions to these Terms and Conditions.
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These Terms and Conditions may be revised at any time and from time to time by updating
this posting. You should visit this page from time to time to review the then current
Terms and Conditions because they are binding on you. Certain provisions of these
Terms and Conditions may be superseded by legal notices or terms located on particular
pages of this Web Site.
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Choice of Law; Jurisdiction.
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These Terms and Conditions supersede any other agreement between you and Toyking
to the extent necessary to resolve any inconsistency or ambiguity between them.
These Terms and Conditions will be governed by and construed in accordance with
the laws of the State of New Jersey, without giving effect to any principles of
conflicts of laws. Any action seeking legal or equitable relief arising out of or
relating to this Web Site will be brought only in the courts of the State of New
Jersey or the United States District Court for the District of New Jersey. A printed
version of these Terms and Conditions will be admissible in judicial and administrative
proceedings based upon or relating to these Terms and Conditions to the same extent
and subject to the same conditions as other business documents and records originally
generated and maintained in printed form.
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Termination.
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You or we may suspend or terminate your account or your use of this Web Site at
any time, for any reason or for no reason. You are personally liable for any orders
placed or charges incurred through your account prior to termination. We reserve
the right to change, suspend, or discontinue all or any aspect of this Web Site
at any time without notice.
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Additional Assistance.
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If you do not understand any of the foregoing Terms and Conditions or if you have
any questions or comments, we invite you to
Contact Us
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