White
Shopping cart
PRODUCT: 0
TOTAL: $ 0,00
Close_button

Terms of Use as of March 23, 2011


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

GENERAL

YOUR REPRESENTATIONS AND WARRANTIES

MONITORING OF WEB SITE

THIRD-PARTY CONTENT

RESTRICTIONS ON USE

CONFIDENTIALITY

DISCLAIMER

INDEMNIFICATION

LIMITATION OF LIABILITY

JURISDICTIONAL ISSUES

TERMINATION AND SUSPENSION

ADDITIONAL TERMS REAGARDING PURCHASES

NOTICES AND ELECTRONIC COMMUNICATIONS

MISCELLANEOUS

GENERAL

These Terms of Use apply to any website operated by or on behalf of FUN FACTORY USA, Inc. and any other sites at which this Policy appears. Any such site is referred to in this Policy as the “Site.” This Site is operated by, or on behalf of, FUN FACTORY USA, Inc. or its affiliates or agents (“FUN FACTORY” or “we”). By using this Site, you signify your agreement to these Terms of Use) as well as the terms of our Privacy Policy which is hereby incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add to, or remove portions of these Terms of Use at any time without notice. We suggest that you review these Terms of Use periodically for changes. Your use of this Site after the posting of changes to these Terms of Use will mean you accept the changes. FUN FACTORY may also offer other services from time to time that are governed by different terms and conditions of use.

YOUR REPRESENTATIONS AND WARRANTIES

With respect to these Terms of Use and any other agreement that you seek to conclude through use of this Site, you represent, warrant and covenant that:

  • You are at least 18 years old (or the applicable age of majority in your jurisdiction if such age of majority is greater than 18).

  • You have the legal capacity and authority, as well as any necessary consents and permissions, to enter into such agreement.

  • You are not aware of any reason why such agreement would be unenforceable by FUN FACTORY.

MONITORING OF WEB SITE

We reserve the right to monitor any and all use of this Site. We are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so. We may monitor use of this Site to evaluate quality of service, compliance with these Terms of Use, the security of the Site, or for other lawful reasons. FUN FACTORY reserves the right to cooperate fully with law enforcement authorities or court orders directing or requesting us to disclose the identity of anyone who may use this Site for an improper purpose. We may also disclose such information if we have a good faith belief that such disclosure is reasonably necessary to protect the rights, property or personal safety of FUN FACTORY, our third party licensors, customers or the public. You agree that you will not be entitled to any cause of action or other right with respect to us concerning such monitoring activities.

THIRD-PARTY CONTENT

Please exercise discretion while browsing the Internet or using this Site. You should be aware that while using this Site you could be directed to other web sites by links and other features found on this Site. If you click on those links or other features, you may be visiting a web site that is not owned or operated by FUN FACTORY and over which FUN FACTORY has no control. For example, if you click on a banner advertisement, the click may take you to the web site of a company that is not related to FUN FACTORY and over which FUN FACTORY has no control. This includes links from advertisers, sponsors, content partners and other users that may use our logo(s) as part of a co-branding or affiliate agreement.

FUN FACTORY is in no way responsible for the content or availability of information found on any web site owned by a third party that may be linked to this Site by a hyperlink, whether such hyperlink is provided by FUN FACTORY or by a third party. By providing access to third party web sites or advertisements, FUN FACTORY is not endorsing the products or services provided by the owner or operator of such web sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party web sites linked to this Site. We cannot ensure that you will be satisfied with any products or services you purchase from a third party web site that links to or from this Site or that you purchase through third party advertising or content on this Site. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third party web sites, including third party web sites accessible by links from this Site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.

RESTRICTIONS ON USE

You may not do any of the following directly or indirectly:

  • Use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction conducted on this Site.

  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

  • Use devices (including software) that are designed to probe, scan, or test the vulnerability of any system or network related in any way to this Site.

  • Transmit to this Site, or use this Site, to transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of telecommunications equipment.

  • Redeliver any of the pages, text, images, or other content of this Site using "framing" technology.

  • Collect or store personal data about other visitors to this Site.

  • Create a link from a web site to any page of this Site unless the user or the operator of the other web site has executed our then standard agreement for the granting of permission to establish such a link.

CONFIDENTIALITY

To the extent we have assigned to you an account through this Site, you are entirely responsible for maintaining the confidentiality of your account and for all activities that occur under your account.



DISCLAIMER

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS ON THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

We make every effort to ensure that the information on this website is accurate. However, we do not take responsibility or guarantee the accurateness, completeness or timeliness of the data and facts found here. FUN FACTORY is not liable for any inaccuracies and visitors should treat all information on an 'As-Is' basis without any representation or warranty.

INDEMNIFICATION

You are to indemnify, defend and hold FUN FACTORY and our affiliates, officers, directors, owners, agents, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use (or claims arising from your account). You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of FUN FACTORY without our prior written approval.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, OR FROM ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO FUNFACTORY, IF ANY, FOR ACCESSING THIS WEB SITE.

Liability for links:

The external links connect to outside providers. The individual providers are responsible for their content. We have not adopted their content as our own. We have no control over the content of the links referred to on our website. We have not adopted them as our own, expressly distant ourselves from their content, and refuse any responsibility for their content.

The outside sites have been checked so far as it is possible for criminal content or other legal violations.

Should any legal violations become apparent, the links will be removed immediately.

Copyright:  

All contents and designs of the Web site are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of FUN FACTORY. The data and information included here, as well as images, may not be used without prior written consent of FUN FACTORY. Images of people or places displayed on the Web site are either the property of, or used with permission by, FUN FACTORY. 

The use of these images by you is prohibited unless specifically permitted by the Terms and Conditions or by specific permission provided elsewhere on the Web site. Unauthorized use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.

JURISDICTIONAL ISSUES

This Site is controlled and operated by or on behalf of FUN FACTORY and its affiliates. We make no representation that materials or products offered on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with all applicable national and local laws.

TERMINATION AND SUSPENSION

We may terminate or suspend your access to all or any part of this Site immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on this Site, including the infringement of our intellectual property rights as set forth in our Intellectual Property Notice or the intellectual property rights of third parties.

ADDITIONAL TERMS REAGARDING PURCHASES

The following terms apply to all purchases from FUN FACTORY made through this Site unless superseded by inconsistent terms in a purchase order form:

1. By placing an order, you certify that you are able to pay for the item(s) in your order.

2. By placing an order though this Site you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address).

3. You are responsible for the accuracy of the information provided on your purchase order.

4. We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.

5. Due to some country, state and county laws, we may not be able to ship certain merchandise to your address.

6. We reserve the right to add and/or remove items from the Site, for any reason, at any time.

7. We reserve the right to limit quantities of items sold.

8. Unless otherwise stated, all prices are quoted in U.S. Dollars.

9. In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.

10. We use our best efforts to ensure that the correct price is posted for each item on the Site. If, however, an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

11. Products available from the Site may be advertised on third party shopping websites. We are not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on this Site. In the event that a difference exists, information found on this Site governs your purchase from this Site.

12. All purchases from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.

13. No product purchased from this Site may be returned except in certain limited cases that may be specified in the purchase order.

14. Attempts to stop payment on non-returnable items will be vigorously opposed by FUN FACTORY to the fullest extent of the law. In the event that any such action results in a judgment in our favor, we retain the right to recover, and you will be responsible for paying our reasonable attorneys' fees.

NOTICES AND ELECTRONIC COMMUNICATIONS

You agree to be bound by any affirmation, assent or agreement you transmit to this Site, including any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field on this Site with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

FUN FACTORY will provide notices to you with respect to these Terms of Use by sending a letter, facsimile transmission or e-mail using the latest information we have retained in our business records. You may send notice to FUN FACTORY by letter, facsimile or e-mail to:

Fun Factory USA, Inc.

3611 W. Pacific Ave.

Burbank, CA 91505

Tel: (800) 730-6016

E-Mail: contact@funfactory.com

Either of us may change the address to which notice is to be sent by written notice to the other pursuant to the provisions of this section. Please be aware that e-mails may be blocked by spam filters and similar software and that it may be necessary to confirm delivery by other means.

MISCELLANEOUS

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and are subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

These Terms of Use, the Privacy Policy and any other terms referenced in these Terms of Use constitute the entire agreement between us with respect to your access and use of this Site and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between us with respect to this Site. If any of the provisions of these Terms of Use are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, our original intentions, and the remaining provisions shall remain in full force and effect.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All agreements, notices, disclosures and other communications between us that are electronic in form satisfy any legal requirement that such communications be in writing.

FUN FACTORY may assign these Terms of Use (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of FUN FACTORY or (iii) in connection with the sale of this Site or the business unit associated with this Site.

Responsible for content of domain: www.funfactoryusa.com

Fun Factory USA, Inc.

3611 W Pacific Ave
Burbank, CA 91505

Tel.: (800) 730-6016

E-Mail: contact@funfactory.com
Chief Executive Officer: Torsten Bieker



Responsible owner of domain www.funfactoryusa.com:

Fun Factory GmbH

Am Hohentorshafen 17-19

Bremen, Germany

E-Mail: info@funfactory.com

Chief Executive Officer: Dirk Bauer



Design and technical implementation: FUN FACTORY GmbH

E-Mail: admin@funfactory.com

Spinner Spinner