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Terms & Conditions

TERMSOF USE AGREEMENT

ThisTerms of Use Agreement ("Agreement") constitutes a legallybinding agreement made between you, whether personally or on behalfof an entity ("user" or "you") and E RetailingAssociates, LLC and its affiliated companies (collectively, "Company"or "we" or "us" or "our"), concerningyour access to and use of the www.gfytoy.com website as well as anyother media form or media channel related or connected thereto(collectively, the "Website"). The Website allows users to(i) design and upload graphics, (ii) purchase a variety of items onwhich to print graphics, and (iii) utilize other related servicesthat may be offered from time to time by Company ("CompanyServices"). The Company Services are hosted in the UnitedStates.

Allusers who are minors in the jurisdiction in which they reside (underthe age of 18) do not have the permission to registerfor the Website or use the Website Services

YOUACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCHACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSOBY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BYTHIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THISAGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE ORACCESS THE COMPANY SERVICES OR THE WEBSITE.

 

USERREPRESENTATIONS

RegardingYour Registration

Byusing the Company Services, you represent and warrant that:

 

  1. all registration information yousubmit is truthful and accurate;

  2. you will maintain the accuracy ofsuch information;

  3. you will keep your passwordconfidential and will be responsible for all use of your passwordand account;

  4. you are not a minor in thejurisdiction in which you reside, or if a minor, you have receivedparental permission to use this Website; and

  5. your use of the Company Servicesdoes not violate any applicable law or regulation.

Youalso agree to: (a) provide true, accurate, current and completeinformation about yourself as prompted by the Website's registrationform and (b) maintain and promptly update registration data to keepit true, accurate, current and complete. If you provide anyinformation that is untrue, inaccurate, not current or incomplete, orCompany has reasonable grounds to suspect that such information isuntrue, inaccurate, not current or incomplete, Company has the rightto suspend or terminate your account and refuse any and all currentor future use of the Website (or any portion thereof).

RegardingContent You Provide

Youare entirely responsible for the content of, and any harm resultingfrom, content that you transfer or post to the Website("Contributions"). If you are creating or uploadingContributions for your own personal use and/or retaining suchContributions in a private area of the Website, then the followingterms will apply. When you create or make available a Contribution,you thereby represent and warrant that:

 

  1. the creation, distribution,transmission, public display and performance, accessing, downloadingand copying of your Contribution does not and will not infringe theproprietary rights, including but not limited to the copyright,patent, trademark, trade secret or moral rights of any third party;

  2. you are the creator and owner of orhave the necessary licenses, rights, consents, releases andpermissions to use and to authorize Company and the Website users touse your Contributions as necessary to exercise the licenses grantedby you under this Agreement;

  3. your Contribution does not containany viruses, worms, Trojan horses, malicious code or other harmfulor destructive content;

  4. your Contribution is not obscene,lewd, lascivious, filthy, violent, harassing or otherwiseobjectionable (as determined by Company), libelous or slanderous,does not advocate the violent overthrow of the government of theUnited States, does not incite, encourage or threaten immediatephysical harm against another, does not violate any applicable law,regulation, or rule, and does not violate the privacy or publicityrights of any third party;

  5. your Contribution does not containmaterial that solicits personal information from anyone under 18 orexploit people under the age of 18 in a sexual or violent manner,and does not violate any federal or state law concerning childpornography or otherwise intended to protect the health or wellbeingof minors;

  6. if your employer has rights tointellectual property you create, you have either (i) receivedpermission from your employer to make available the Contribution, or(ii) secured from your employer a waiver as to all rights in or toyour Contribution;

  7. your Contribution does not violateany state or federal law designed to regulate electronicadvertising;

  8. your Contribution does not amount totrolling, or the making of controversial statements for the solepurpose of generating responses by others;

  9. your Contribution does notconstitute, contain, install or attempt to install or promotespyware, malware or other computer code, whether on Company's orothers' computers or equipment, designed to enable you or others togather information about or monitor the online or other activitiesof another party;

  10. your Contribution does not inundatethe Website with communications or other traffic suggesting noserious intent to use the Website for its stated purpose;

  11. your Contribution does not otherwiseviolate, or link to material that violates, any provision of thisAgreement or any applicable law or regulation; and

  12. your Contribution does not containpictures, data, audio or visual files, or any other content that isexcessive in size, as determined by Company in its sole discretion.

 

CONTRIBUTIONLICENSE

Ifyou are creating or uploading Contributions for your own personal useand/or retaining such Contributions in a private area of the Website,then the following terms will apply.

Byposting Contributions to the Website, you automatically grant, andyou represent and warrant that you have the right to grant, to theCompany an non-exclusive, transferable, royalty-free, fully-paid,worldwide license to use, copy, duplicate, print or otherwise imprinton media, publicly perform, publicly display, reformat, translate,excerpt (in whole or in part) and distribute such Contributions forany purpose relating to the performance of the Company Services, andto grant and authorize sublicenses of the foregoing. The use anddistribution may occur in any media formats and through any mediachannels for the purpose of performing the Company Services. Byuploading your Contributions, you hereby warrant that yourContributions are free of any digital rights management, includingany software designed to limit the number of times the Contributionsmay be copied or played. You may remove Contributions from theWebsite at any time through your account settings. However, Companymay retain archived copies of your Contributions. Company does notassert any ownership over your Contributions; rather, as between usand you, subject to the rights granted to us in this Agreement, youretain full ownership of all of your Contributions and anyintellectual property rights or other proprietary rights associatedwith your Contributions.

 

SUBMISSIONS

Youacknowledge and agree that any questions, comments, suggestions,ideas, feedback or other information about the Website or the CompanyServices ("Submissions") provided by you to Company arenon-confidential and Company (as well as any designee of Company)shall be entitled to the unrestricted use and dissemination of theseSubmissions for any purpose, commercial or otherwise, withoutacknowledgment or compensation to you.

 

PURCHASES

Companybills you through an online billing account for purchases ofproducts. You agree to pay Company all charges at the prices then ineffect for the products you or other persons using your billingaccount may purchase, and you authorize Company to charge your chosenpayment provider for any such purchases. You agree to make paymentusing that selected payment method. Company reserves the right tocorrect any errors or mistakes in pricing that it makes even if ithas already requested or received payment.

Youacknowledge that Company does not pre-screen submitted Contributions,but that Company and its designees shall have the right (but not theobligation) in their sole discretion to reject or remove anyContributions that are available via the Website. Upon placing yourorder, you acknowledge that Company may review your order, and theContribution it contains, for adherence to our guidelines andcompliance with the terms and conditions set forth in this Agreement.Without limiting the foregoing, Company and its designees shall havethe right to remove any Contribution that violates this Agreement oris otherwise objectionable to Company, and as a consequence, notfulfill your order. In such case, Company will notify you that theorder cannot be processed. If the product has already been all or inpart produced, then you will be charged and you agree to pay the costassociated with such production.

 

REFUNDPOLICY

Toview the Company's refund policy, please see the ReturnsFAQ page.

Companyis not responsible for any problems with orders that have been openedor left unattended after they are delivered. Please contact thecarrier for delivery problems.

 

PROHIBITEDACTIVITIES

Youmay not access or use the Website for any other purpose other thanthat for which Company makes it available. The Website is for thepersonal use of users only and may not be used in connection with anycommercial endeavors except those that are specifically endorsed orapproved by Company. Prohibited activity includes, but is not limitedto:

 

  1. criminal or tortious activity,including child pornography, fraud, trafficking in obscene material,drug dealing, gambling, harassment, stalking, spamming, copyrightinfringement, patent infringement, or theft of trade secrets;

  2. advertising to, or solicitation of,any user to buy or sell any products or services, unless authorizedby Company;

  3. systematic retrieval of data orother content from the Website to create or compile, directly orindirectly, a collection, compilation, database or directory withoutwritten permission from Company;

  4. making any unauthorized use of theCompany Services, including collecting usernames and/or emailaddresses of users by electronic or other means for the purpose ofsending unsolicited email;

  5. engaging in unauthorized framing ofor linking to the Website;

  6. transmitting chain letters or junkemail to other users;

  7. using any information obtained fromthe Website in order to contact, advertise to, solicit, or sell toany user without their prior explicit consent;

  8. engaging in any automated use of thesystem, such as using scripts to add friends or send comments ormessages, or using any data mining, robots or similar data gatheringand extraction tools;

  9. interfering with, disrupting, orcreating an undue burden on the Website or the networks or servicesconnected to the Website;

  10. attempting to impersonate anotheruser or person;

  11. using the username of another user;

  12. selling or otherwise transferringyour profile;

  13. using any information obtained fromthe Website in order to harass, abuse, or harm another person;

  14. using the Company Service as part ofany effort to compete with Company or to provide services as aservice bureau;

  15. deciphering, decompiling,disassembling or reverse engineering any of the software comprisingor in any way making up a part of the Website;

  16. attempting to bypass any measures ofthe Website designed to prevent or restrict access to the Website,or any portion of the Website;

  17. harassing, annoying, intimidating orthreatening any Company employees or agents engaged in providing anyportion of the Company Services to you;

  18. displaying an advertisement, oraccepting payment or anything of value from a third person inexchange for your performing any commercial activity on or throughthe Website on behalf of that person, such as posting blogs orbulletins with a commercial purpose;

  19. deleting the copyright or otherproprietary rights notice from any Contribution or Company Content;and

  20. using the Website in a mannerinconsistent with any and all applicable laws and regulations.

  21.  internaluse of purchased product is strictly prohibited  

Non-commercialUse by Users

TheWebsite is for the personal use of individual users only and may notbe used in connection with any commercial endeavors, unless expresslyauthorized by Company. Illegal and/or unauthorized uses of theWebsite, including collecting usernames and/or email addresses ofusers by electronic or other means for the purpose of sendingunsolicited email and unauthorized framing of or linking to theWebsite may be investigated, and appropriate legal action may betaken, including without limitation, civil, criminal, and injunctiveredress, in Company's discretion.

Ifyou intend to resell our goods, we will not sell you unless their isconsent from our employees: 

 

INTELLECTUALPROPERTY RIGHTS

Thecontent on the Website ("Company Content") and thetrademarks, service marks and logos contained therein ("Marks")are owned by or licensed to Company, and are subject to copyright andother intellectual property rights under United States and foreignlaws and international conventions. Company Content, includes,without limitation, all source code, databases, functionality,software, website designs, audio, video, text, photographs andgraphics. All Company graphics, logos, designs, page headers, buttonicons, scripts and service names are registered trademarks, commonlaw trademarks or trade dress of Company in the U.S. and/or othercountries. Company's trademarks and trade dress may not be used,including as part of trademarks and/or as part of domain names, inconnection with any product or service in any manner that is likelyto cause confusion and may not be copied, imitated, or used, in wholeor in part, without the prior written permission of the Company.Company Content on the Website is provided to you "AS IS"for your information and personal use only and may not be used,copied, reproduced, distributed, transmitted, broadcast, displayed,sold, licensed, or otherwise exploited for any other purposeswhatsoever without the prior written consent of the respectiveowners. Systematic retrieval of data or other content from theWebsite to create or compile, directly or indirectly, a collection,compilation, database or directory without written permission fromCompany is prohibited. Provided that you are eligible to use theWebsite, you are granted a limited license to access and use theWebsite and the Company Content and to download or print a copy ofany portion of the Company Content to which you have properly gainedaccess solely for your personal, non-commercial use. Company reservesall rights not expressly granted to you in and to the Website andCompany Content and Marks. If you download or print a copy of theCompany Content for personal use, you must retain all copyright andother proprietary notices contained therein. You agree not tocircumvent, disable or otherwise interfere with security relatedfeatures of the Website or features that prevent or restrict use orcopying of any Company Content or enforce limitations on use of theWebsite or the Company Content therein.

 

THIRDPARTY WEBSITES AND CONTENT

TheWebsite contains (or you may be sent through the Website or theCompany Service) links to other websites ("Third PartyWebsites") as well as articles, photographs, text, graphics,pictures, designs, music, sound, video, information, applications,software and other content or items belonging to or originating fromthird parties (the "Third Party Content"). Such Third PartyWebsites and Third Party Content are not investigated, monitored orchecked for accuracy, appropriateness, or completeness by us, and weare not responsible for any Third Party Websites accessed through theWebsite or any Third Party Content posted on, available through orinstalled from the Website, including the content, accuracy,offensiveness, opinions, reliability, privacy practices or otherpolicies of or contained in the Third Party Websites or the ThirdParty Content. Inclusion of, linking to or permitting the use orinstallation of any Third Party Website or any Third Party Contentdoes not imply approval or endorsement thereof by us. If you decideto leave the Website and access the Third Party Websites or to use orinstall any Third Party Content, you do so at your own risk and youshould be aware that our terms and policies no longer govern. Youshould review the applicable terms and policies, including privacyand data gathering practices, of any website to which you navigatefrom the Website or relating to any applications you use or installfrom the Website. Any purchases you make through Third Party Websiteswill be through other websites and from other companies, and Companytakes no responsibility whatsoever in relation to such purchaseswhich are exclusively between you and the applicable third party.

 

DIGITALMILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

Ifyou believe that content available on or through the Websiteinfringes one or more of your copyrights, please immediately notifyour Copyright Agent by mail or email or fax notice ("Notification")providing the information described below, which Notification ispursuant to DMCA 17 U.S.C. 512(c)(3). A copy of your Notificationwill be sent to the person who posted or stored the materialaddressed in the Notification. Please be advised that pursuant tofederal law you may be held liable for damages if you make materialmisrepresentations in a Notification. Thus, if you are not sure thatcontent located on or linked to by the Website infringes yourcopyright, you should consider first contacting an attorney. Companyhas a policy of terminating repeat infringers in appropriatecircumstances.

AllNotifications should include the following:

 

  1. A physical or electronic signatureof a person authorized to act on behalf of the owner of an exclusiveright that is allegedly infringed.

  2. Identification of the copyrightedwork claimed to have been infringed, or, if multiple copyrightedworks at a single online website are covered by a singlenotification, a representative list of such works at that website.

  3. Identification of the material thatis claimed to be infringing or to be the subject of infringingactivity and that is to be removed or access to which is to bedisabled, and information reasonably sufficient to permit Company tolocate the material.

  4. Information reasonably sufficient topermit the Company to contact the complaining party, such as anaddress, telephone number, and, if available, an electronic mailaddress at which the complaining party may be contacted.

  5. A statement that the complainingparty has a good faith belief that use of the material in the mannercomplained of is not authorized by the copyright owner, its agent,or the law.

  6. A statement that the information inthe notification is accurate, and under penalty of perjury, that thecomplaining party is authorized to act on behalf of the owner of anexclusive right that is allegedly infringed.

Notificationsshould be sent to our Copyright Agent as follows:

CopyrightAgent

Email: admin@gfytoy.com

 

Wealso will advise the alleged infringer of the DMCA statutory CounterNotification procedure described below by which the alleged infringermay respond to your claim and request that we restore this material.

CounterNotification

Ifyou believe your own copyrighted material has been removed from theWebsite and/or Company Service as a result of mistake ormisidentification, you may submit a written counter notification("Counter Notification") to our Designated Copyright Agentpursuant to DMCA 17 U.S.C. 512(g)(2) and (3). To be an effectiveCounter Notification under the DMCA, your Counter Notification mustinclude substantially the following:

 

  1. Identification of the material thathas been removed or disabled and the location at which the materialappeared before it was removed or disabled.

  2. A statement that you consent to thejurisdiction of the Federal District Court in which your address islocated, or if your address is outside the United States, for anyjudicial district in which the Company is located.

  3. A statement that you will acceptservice of process from the party that filed the Notification or theparty's agent.

  4. Your name, address and telephonenumber.

  5. A statement under penalty of perjurythat you have a good faith belief that the material in question wasremoved or disabled as a result of mistake or misidentification ofthe material to be removed or disabled.

  6. Your physical or electronicsignature.

Youmay submit your Counter Notification to our Copyright Agent by fax,mail, or email as set forth above.

Ifyou send us a valid, written Counter Notification meeting therequirements described above, we will restore your removed ordisabled material after 10 business days but no later than 14business days from the date we receive your Counter Notification,unless our Copyright Agent first receives notice from the partyfiling the original Notification informing us that such party hasfiled a court action to restrain you from engaging in infringingactivity related to the material in question. Please note that if youmaterially misrepresent that the disabled or removed content wasremoved by mistake or misidentification, you may be liable fordamages, including costs and attorney's fees. Filing a false CounterNotification constitutes perjury.

 

SITEMANAGEMENT

Companyreserves the right but does not have the obligation to:

 

  1. monitor the Website for violationsof this Agreement;

  2. take appropriate legal actionagainst anyone who, in Company's sole discretion, violates thisAgreement, including without limitation, reporting such user to lawenforcement authorities;

  3. in Company's sole discretion andwithout limitation, refuse, restrict access to or availability of,or disable (to the extent technologically feasible) any user'sContribution or any portion thereof that may violate this Agreementor any Company policy;

  4. in Company's sole discretion andwithout limitation, notice or liability to remove from the Websiteor otherwise disable all files and content that are excessive insize or are in any way burdensome to Company's systems;

  5. terminate the accounts of repeatinfringers; and

  6. otherwise manage the Website in amanner designed to protect the rights and property of Company andothers and to facilitate the proper functioning of the Website.

 

PRIVACY

Wecare about the privacy of our users. Please review the CompanyPrivacy Policy.By using the Website or the Company Services, you are consenting tohave your personal data transferred to and processed in the UnitedStates. By using the Website or the Company Services, you areconsenting to the terms of Privacy Policy.

 

 

PROVISIONSFOR ADVERTISERS

Youcan target specific audiences by buying ads on the Website. Theseadditional terms apply to you if you place an order for ads on theWebsite ("Order"). When you place an Order, you will tellus the type of advertising you want to buy, the amount you want tospend, and your bid, if applicable. If we accept your Order, we willdeliver your ads as inventory becomes available. You will pay foryour Orders in accordance with our payment terms in effect at thetime of your Order. The amount you owe will be calculated based onour tracking mechanisms. Your ads must comply with our advertisementguidelines in effect at the time of your Order. Unless otherwiseagreed with us, we will determine the size, placement, andpositioning of your ads. We do not guarantee the activity that yourads will receive, such as the number of clicks you will get. Wecannot control how people interact with your ads, and are notresponsible for click fraud or other improper actions that affect thecost of running ads. You will not offer any contest or sweepstakeswithout our prior written consent. If we consent, you take fullresponsibility for the contest or sweepstakes, and will follow ourapplicable guidelines in effect at the time of the Order and allapplicable laws. You can cancel your Order at any time through ouronline portal, but it may take several days before the ad stopsrunning, during which period the applicable charges will continue toaccrue. Please contact us for information on the current expected lagtime from early termination to cessation of an ad running. Ourlicense to run your ad will end when we have completed your Order.You understand, however, that if users have interacted with your ads,your ads may remain until the users delete it. We can use your adsand related information for marketing or promotional purposes. Youwill not issue any press release or make public statements about yourrelationship with Company without written permission. We may rejector remove any ad for any reason. If you are placing ads on someoneelse's behalf, you warrant that you have permission to place the adsand you will be primarily responsible for the payment due for suchads. Additionally, if you fail to make any such payments, we may seekpayment directly from the advertiser. You and the advertiser, jointlyand severally, agree to defend, indemnify and hold harmless Companyfrom and against any claims, actions, proceedings, liabilities,costs, expenses (including attorneys' fees) and damages arising fromor relating to any ads you place on the Website. You warrant that youhave the legal authority to bind the advertiser to this provision.You agree that if the advertiser you represent violates thisprovision, we may hold you responsible for that violation.

 

TERMAND TERMINATION

ThisAgreement shall remain in full force and effect while you use theWebsite or are otherwise a user or member of the Website, asapplicable. You may terminate your use or participation at any time,for any reason, by following the instructions for terminating useraccounts in your account settings.

WITHOUTLIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THERIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE TO AND THE COMPANYSERVICES, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANYAPPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE ORPARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOURPROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANYTIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION.

Inorder to protect the integrity of the Website and Company Services,Company reserves the right at any time in its sole discretion toblock certain IP addresses from accessing the Website CompanyServices.

Anyprovisions of this Agreement that, in order to fulfill the purposesof such provisions, need to survive the termination or expiration ofthis Agreement, shall be deemed to survive for as long as necessaryto fulfill such purposes.

 

MODIFICATIONS

ToAgreement

Companymay modify this Agreement from time to time. Any and all changes tothis Agreement will be reflected on the Website and revisions will beindicated by date. You agree to be bound to any changes to thisAgreement when you use the Company Services after any suchmodification is posted on the Website. Company may also, in itsdiscretion, choose to alert all users with whom it maintains emailinformation of such modifications by means of an email to their mostrecently provided email address. It is therefore important that youregularly review this Agreement and keep your contact informationcurrent in your account settings to ensure you are informed ofchanges. Modifications to this Agreement shall be effective whenposted but shall not apply retroactively. Additionally, modificationsmade to this Agreement applicable to dispute resolution shall notapply to disputes arising prior to the effective date of themodification.

ToServices

Companyreserves the right at any time to modify or discontinue, temporarilyor permanently, the Company Services (or any part thereof) with orwithout notice. You agree that Company shall not be liable to you orto any third party for any modification, suspension or discontinuanceof the Company Services.

 

DISPUTES

BetweenUsers

Ifthere is a dispute between users of the Website, or between users andany third party, you understand and agree that Company is under noobligation to become involved. In the event that you have a disputewith one or more other users, you hereby release Company, itsofficers, employees, agents and successors in rights from claims,demands and damages (actual and consequential) of every kind ornature, known or unknown, suspected and unsuspected, disclosed andundisclosed, arising out of or in any way related to such disputesand/or the Company Services.

WithCompany

Allquestions of law, rights, and remedies regarding any act, event oroccurrence undertaken pursuant or relating to this Website or theCompany Services shall be governed and construed by the law of theState of Ohio, excluding such state's conflicts of law rules. Anylegal action of whatever nature by or against Company arising out ofor related in any respect to this Website and the Company Servicesshall be brought solely in either the applicable federal or statecourts located in or with jurisdiction over Franklin County, Ohio;subject, however, to the right of Company, at the Company's solediscretion, to bring an action to seek injunctive relief to enforcethis Agreement or to stop or prevent an infringement of proprietaryor other third party rights (or any similar cause of action) in anyapplicable court in any jurisdiction where jurisdiction exists withregard to a user. You hereby consent to (and waive any challenge orobjection to) personal jurisdiction and venue in the above-referencedcourts. Application of the United Nations Convention on Contracts forthe International Sale of Goods is excluded from this Agreement.Additionally, application of the Uniform Computer InformationTransaction Act (UCITA) is excluded from this Agreement. In no eventshall any claim, action or proceeding by you related in any way tothe Website and/or the Company Service (including your visit to oruse of the Website and/or the Company Service) be instituted morethan two (2) years after the cause of action arose.

 

CORRECTIONS

Occasionallythere may be information on the Website that contains typographicalerrors, inaccuracies or omissions that may relate to servicedescriptions, pricing, availability, and various other information.Company reserves the right to correct any errors, inaccuracies oromissions and to change or update the information at any time,without prior notice.

 

DISCLAIMERS

Companycannot control the nature of all of the content available on theWebsite. By operating the Website, Company does not represent orimply that Company endorses any blogs, Contributions or other contentavailable on or linked to by the Website, including withoutlimitation content hosted on third party websites, or that Companybelieves Contributions, blogs or other content to be accurate, usefulor non-harmful. We do not control and are not responsible forunlawful or otherwise objectionable content you may encounter on theWebsite or in connection with any Contributions. The Company is notresponsible for the conduct, whether online or offline, of any userof the Website or Company Services.

Youagree that you must evaluate, and bear all risks associated with, theuse of any Contribution, including any reliance on the accuracy,completeness, or usefulness of such Contribution. You acknowledge andagree that you are responsible for the creation and compilation ofyour Contributions, and that neither Company nor any other partyinvolved with the production of any product incorporating suchContribution assumes that responsibility. Company's production of anyproduct incorporating a Contribution does not indicate that Companyapproves of the Contribution, that the Contribution complies with allapplicable laws, or that you are absolved of any liability or harmarising from the use of the Contribution.

YOUAGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE ATYOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITSOFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, PRODUCTS SOLDTHROUGH THE WEBSITE, AND THE COMPANY SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONSABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THECONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NOLIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESSTO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OROMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANYDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FORANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGHTHE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OROTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAYBE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU ANDTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASEOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOUSHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TheCompany reserves the right to change any and all content, softwareand other items used or contained in the Website and any CompanyServices offered through the Website at any time without notice.

 

LIMITATIONSOF LIABILITY

INNO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSTPROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, PRODUCTSPURCHASED THROUGH THE WEBSITE, OR COMPANY SERVICES, EVEN IF COMPANYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDINGANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TOCOMPANY FOR THE COMPANY SERVICES AND PRODUCTS PURCHASED THROUGH THEWEBSITE DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTIONARISING, BUT IN NO EVENT SHALL SUCH AMOUNT BE LESS THAN $100.

CERTAINSTATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TOYOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOTAPPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IFYOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODESECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TOCLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HISFAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIMMUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

 

INDEMNITY

Youagree to defend, indemnify and hold Company, its subsidiaries, andaffiliates, and their respective officers, agents, partners andemployees, harmless from and against, any loss, damage, liability,claim, or demand, including reasonable attorneys' fees and expenses,made by any third party due to or arising out of your Contributionsor any other user's Contributions that you have printed on media foryour purchase of such media, use of the Company Services in violationof this Agreement and/or arising from a breach of this Agreementand/or any breach of your representations and warranties set forthabove. Notwithstanding the foregoing, Company reserves the right, atyour expense, to assume the exclusive defense and control of anymatter for which you are required to indemnify Company, and you agreeto cooperate, at your expense, with Company's defense of such claims.Company will use reasonable efforts to notify you of any such claim,action, or proceeding which is subject to this indemnification uponbecoming aware of it.

 

SWEEPSTAKES

From time to time, Company mayconduct sweepstakes that entitle the winners to prizes. Eachsweepstakes has its own terms and conditions, set forth in theofficial rules for that sweepstakes.

 

NOTICES

Exceptas explicitly stated otherwise, any notices given to Company shall begiven by email to Admin@gfytoy.com.Any notices given to you shall be given to the email address youprovided during the registration process, or such other address aseach party may specify. Notice shall be deemed to be given 24 hoursafter the email is sent, unless the sending party is notified thatthe email address is invalid. We may also choose to send notices byregular mail or discussion forum postings.

 

U.S.EXPORT CONTROLS

Softwarefrom this Website is further subject to United States exportcontrols. No software may be downloaded from the Website or otherwiseexported or re-exported (i) into (or to a national or resident of)Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country towhich the U.S. has embargoed goods; or (ii) to anyone on the U.S.Treasury Department's list of Specially Designated Nationals or theU.S. Commerce Department's Table of Deny Orders. By downloading orusing software, you represent and warrant that you are not locatedin, under the control of, or a national or resident of any suchcountry or on any such list.

 

MISCELLANEOUS

ThisAgreement constitutes the entire agreement between you and Companyregarding the use of the Company Services. The failure of Company toexercise or enforce any right or provision of this Agreement shallnot operate as a waiver of such right or provision. The sectiontitles in this Agreement are for convenience only and have no legalor contractual effect. This Agreement operates to the fullest extentpermissible by law. This Agreement may not be assigned by you withoutour express written consent. Company may assign any or all of itsrights and obligations to others at any time. Company shall not beresponsible or liable for any loss, damage, delay or failure to actcaused by any cause beyond Company's reasonable control. If anyprovision or part of a provision of this Agreement is unlawful, voidor unenforceable, that provision or part of the provision is deemedseverable from this Agreement and does not affect the validity andenforceability of any remaining provisions.


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