Terms of ServiceAgreement between user and www.popupplaytoy.com
Welcome to www.popupplaytoy.com. The www.popupplaytoy.com and www.popupplay.com website (the “Site”) is comprised of various web pages operated by PopUp Play, Inc. (“PopUp Play”). www.popupplaytoy.com and www.popupplay.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.popupplaytoy.com and www.popupplay.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting www.popupplaytoy.com www.popupplay.com or sending emails to PopUp Play constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
PopUp Play does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.popupplaytoy.com and www.popupplay.com only with permission of a parent or guardian.
We expect our customers to be 100% satisfied with the products that we provide through the Website. However, if you are not 100% satisfied, we will gladly refund your purchase price.
Links to Third Party Sites/Third Party Services
www.popupplaytoy.com and www.popupplay.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PopUp Play and PopUp Play is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PopUp Play is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PopUp Play of the site or any association with its operators.
Certain services made available via www.popupplaytoy.com and www.popupplay.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.popupplaytoy.com and www.popupplay.com domain, you hereby acknowledge and consent that PopUp Play may share such information and data with any third party with whom PopUp Play has a contractual relationship to provide the requested product, service or functionality on behalf of www.popupplaytoy.com and www.popupplay.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PopUp Play or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PopUp Play content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PopUp Play and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PopUp Play or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by PopUp Play from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PopUp Play Content accessed through www.popupplaytoy.com and www.popupplay.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Playscape Product and Car Product
WARNING: CHOKING HAZARD – small parts. Assemble the playscape product (“Playscape”) with adult supervision. The PopUp Play Car Playscape includes small parts and is not suitable for children under 3 years old. Keep Playscape away from wet or moist conditions as it will affect the structural integrity of the product. The PopUp Play Car Playscape is manufactured and sold by PopUp Play Inc. — PopUp Play Inc. is using “Mercedes-Benz Financial Services”, “Mercedes-Benz”, the Mercedes-Benz star logo with the permission of Mercedes-Benz Financial Services USA LLC. Mercedes-Benz Financial Services USA LLC is not affiliated with PopUp Play Inc.
You agree to indemnify, defend and hold harmless PopUp Play, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PopUp Play reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PopUp Play in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POPUP PLAY, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
POPUP PLAY, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. POPUP PLAY, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PopUp Play reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PopUp Play as a result of this agreement or use of the Site. PopUp Play’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PopUp Play’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PopUp Play with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PopUp Play with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PopUp Play with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
PopUp Play reserves the right, in its sole discretion, to change the Terms under which www.popupplaytoy.com and www.popupplay.com is offered. The most current version of the Terms will supersede all previous versions. PopUp Play encourages you to periodically review the Terms to stay informed of our updates.
PopUp Play welcomes your questions or comments regarding the Terms:
PopUp Play, Inc.
701 Brazos Street, Suite 1626
Austin, Texas 78701
Effective as of July 08, 2017