Terms of Use


Please read these Terms Of Use carefully before using this site. These Terms of Use apply throughout this website and all related sites owned by JAKKS Pacific, Inc., Play Along Toys, Inc., Go Fly a Kite, Inc., and any of their subsidiaries or affiliates (collectively, “JAKKS”) including jakkspacific.com, tollytots.com, jakkstvgames.com, gamekey.com, goflyakite.com, playalongtoys.com, and all other JAKKS websites. By using this site, you acknowledge your agreement with these Terms Of Use. If you do not agree with any of the below Terms Of Use do not use this site. This Terms of Use Agreement creates a legally binding agreement between the user of this website and JAKKS. JAKKS reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time, and your continued use of the JAKKS site following the posting of changes to these terms will mean you accept those changes.


EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, MATERIAL FROM THE JAKKS SITE MAY NOT BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY. Modification of the materials or use of the materials for any other purpose, without express written permission of JAKKS, is a violation of copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other website or networked computer environment is prohibited.


JAKKS hereby grants you a personal, non-exclusive, non-assignable and non-transferable limited license to use and display, for home, noncommercial and personal use only, one copy of any material and/or software that you may download from this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material") provided, however, that you must maintain all copyright and other notices (including urls) contained in such Downloaded Material. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from JAKKS or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material. All material found on the website is copyrighted or trademarked by JAKKS or a third party and used by JAKKS with permission. Nothing in this agreement shall be construed as granting permission to any right in the copyright or trademark of a third party. Unauthorized use of the website and material therein may result in your liability for violations of copyright, trademark, and other laws.


Users of this website shall not use this website: 1) for commercial or political purposes; 2) for collection of information or content by technological devices such as robots, spiders, spyware, software extraction tools, etc.; 3) for collection of meta tags or hidden text utilizing trademarks; 4) in an illegal manner; or 5) in a way that interferes with enjoyment of this website by others.



LINKED SITES
JAKKS, whether or not affiliated with sites that may be linked to this site (“Linked Sites”), is not responsible for their content. The Linked Sites are for your convenience only and you access them at your own risk. JAKKS disclaims any liability resulting from the posting of banners, advertisements and promotions of third parties on this website. The interaction and use of these postings shall be solely between you and the third party.


You may create a link to the homepage of this website as long as the link does not make use of any of the JAKKS logos, create confusion among consumers, or place the products or services provided by JAKKS in a false or misleading manner.



PRIVACY


Users of this website agree to the terms set forth in the Privacy Policy found on the homepage of this website. JAKKS has adopted reasonable security measures to protect against the misuse of information gathered on this website, but JAKKS cannot guarantee the absolute security of your information.



DISCLAIMERS AND LIMITATIONS OF LIABILITY; FORWARD LOOKING STATEMENTS


The materials in this website are provided “as is” and without warranties of any kind either express or implied. Your use of this website is at your own risk. To the fullest extent permissible pursuant to applicable law, JAKKS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. JAKKS does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components. JAKKS does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not JAKKS) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you depending on your state of residence.


All materials, including without limitation, annual reports to shareholders, press releases and JAKKS filings with the Securities and Exchange Commission (the “SEC”) reproduced on this site are as of the original date of filing. The fact that a document is available on this site does not mean that the information contained in the document is current. Any forward-looking statement reproduced on this site should be read in connection with other factors that could cause actual future events or results to differ materially from anticipated events or results that are mentioned in JAKKS Annual Report on Form 10-K under the heading “Forward-Looking Statements”, JAKKS Quarterly Reports on Form 10-Q under the heading “Other Information” and in other filings made by JAKKS available on this site or the SEC’s Edgar Database (http://www.sec.gov/edgar.shtml). JAKKS has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site.


The information and opinions expressed in any Message Boards, Chat Rooms or any other discussion area located on this website (“Forums”) are not necessarily those of JAKKS or its affiliated or related entities or content providers, and JAKKS makes no representations or warranties regarding that information or those opinions. Furthermore, neither JAKKS nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the JAKKS site. You shall not upload, transmit, distribute or otherwise publish through such Forums any content which:


  1. libels, defames, invades privacy or is obscene, pornographic, abusive, or threatening;
  2. infringes any intellectual property right or any other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks;
  3. violates any law;
  4. advocates illegal activity; or
  5. advertises or otherwise solicits funds or is a solicitation for goods or services. (collectively "Non-Approved Material").

You agree to indemnify JAKKS for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of Non-Approved Material or your failure to comply with these Terms Of Use. While JAKKS does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, JAKKS reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. JAKKS will fully cooperate with any law enforcement authorities or court order requesting or directing JAKKS to disclose the identity of anyone posting any such e-mails or materials.



SUBMISSIONS


Although we welcome your comments, JAKKS does not accept unsolicited submissions or ideas for its toys, websites and other products. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by JAKKS might seem to others to be similar to their own creative ideas, suggestions or materials. Therefore, please do not make any such unsolicited submissions or ideas to JAKKS through this website or otherwise. We will not review any such submissions, and we cannot guarantee that we will respond to your comments or messages. If at our request you send a submission (for example, requested personal opinions), or if despite our request that you not send unsolicited submissions you send such submission, or if you transmit to the website by e-mail or otherwise, communications including any data, questions, comments, suggestions, or the like, such submission will not be treated as confidential. Subject only to our Privacy Policy, none of the information you submit to the website shall be subject to any obligation of confidence on the part of JAKKS and we will not be liable for any use or disclosure. Thus, you give up any claim that any use of such material violates any of your rights, including, but not limited to, moral rights, privacy rights, proprietary or other property rights, publicity rights, and right to credit for the material or ideas contained therein. JAKKS shall have the right, throughout the universe, in perpetuity, without any compensation or credit to you, to use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute the submission or incorporate the submission into any form, medium or technology now known or later developed. By submitting materials to the website or to JAKKS, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy. You agree and understand that JAKKS is not obligated to use your submission and you have no rights to compel such use.



JURISDICTIONAL AND RELATED ISSUES


Unless otherwise specified, the materials and images located on JAKKS websites are presented solely for the purpose of providing services or other products available in the United States , its territories, possessions, and protectorates. This site is controlled and operated by JAKKS from its offices within the State of California , United States of America . JAKKS makes no representation that materials on the JAKKS site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from this site may be downloaded, exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.


These Terms Of Use shall be governed by, construed and enforced in accordance with the laws of the State of California , as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or JAKKS bring to enforce these Terms of Use or in connection with any matters related to this site shall be brought only in either the State or Federal Courts located in the County of Los Angeles, California, and you expressly consent to the jurisdiction of said courts. By communicating with JAKKS through electronic means, you consent to receive further communication electronically. Additionally, you agree that such electronic communication will satisfy the legal requirement for written notice. If any provision of these Terms of Use shall be deemed by a court of law to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms Of Use constitute the entire agreement between the parties relating to the matters contained herein and shall not be modified except in a writing signed by JAKKS.


JAKKS, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the JAKKS site (a “Denial”). The sending of an e-mail notice by JAKKS to any e-mail address used by the person who is the subject of a Denial shall constitute complete and sufficient notice of the Denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access any part of the JAKKS site upon issuance to you of a Denial. If you do not so cease and desist, you hereby consent to an injunction, to be entered against you by a court of competent jurisdiction as provided in these Terms Of Use, permanently restraining you from attempting to access the JAKKS website. JAKKS will prosecute, to the full extent allowed by law, users who misuse this website or violate this Terms of Use Agreement.


You agree to indemnify JAKKS and its affiliates for any investigation, defense, settlement, or legal proceeding arising from your illegal or improper use of this website.


The Online Copyright Infringement Liability Limitation Act, 17 U.S.C. § 512 (a part of the Digital Millennium Copyright Act), permits a service provider to designate an agent to receive notification of certain claimed infringements of copyright. JAKKS has accordingly designated such an agent and, in doing so, provided the following information to the United States Copyright Office. If you believe that you have a claim for copyright infringement, please send written notification to the agent specified below. The written information must include: a description of the work that you claim has been infringed; a URL and description of the location of the infringement; your contact information; a statement that you believe in good faith that JAKKS does not have authorization to use the material and that you have authority to act on the alleged infringement, and your signature.


The United States Copyright Office’s Directory of Service Provider Agents for Notification of Claims of Infringement may be consulted at: www.copyright.gov or by calling (202) 707-3000.


 


TERMINATION


You may terminate this agreement at any time by no longer using this website; however, prior use of the website shall be governed by this Terms of Use Agreement. JAKKS may terminate or modify this agreement at any time.