The Terms and Conditions apply both to us, Smart Toys and Games, Inc., as to you, the User. By using our website, you expressly acknowledge and accept the exclusive application of our Terms and Conditions.
We may deviate from these Terms and Conditions in some exceptional situations, but only to the extent that the deviations are accepted by each party and stated explicitly in writing. These deviations only replace or supplement the clauses to which they relate. They shall not affect the application of any other provisions of these Terms and Conditions.
1. WHO WE ARE
This web shop is provided by:
Smart Toys and Games, Inc.
480 Second Street #203
San Francisco, CA 94107
Telephone: (415) 931-5600
Please contact us if you have any questions or comments; we promise you a prompt reply!
2. OUR WEBSITE
2.1 Proper operation, safety and accessibility
You can rest assured; we offer a user-friendly website that is safe for every User. We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our website. Yet we cannot give you an absolute guarantee on this matter. We are bound by an obligation of means only.
Any use of the website is entirely at your own risk. We are not liable for damages resulting from malfunctions, interruptions, defects, harmful elements or other problems on or within our website, regardless of the existence of force majeure or other extraneous events.
We have the right to restrict and/or interrupt fully or partially the access to our website, at any time and without prior warning. We will only take such measures if this is justified by the circumstances, without this being in any way a condition to be covered.
2.2 Content on our website
We largely determine which content is available on our website. We apply great care in this respect and make every effort to provide high quality information. We therefore take all necessary steps to keep our website as complete, accurate and current as possible, even when the information is provided by third parties. We are always permitted to change, add or delete the content on our website.
Despite our considerable attention, we are not able to guarantee the quality of the information available on our website. It is possible that the information is not correct, not sufficiently accurate and/or not useful. We are not liable for (direct and indirect) damages which the User may suffer as a result of the information on our website.
We ask you to notify us as soon as possible if you notice the content on our website violates applicable laws and/or third party rights or is simply not acceptable. We will then take all the appropriate measures, which can include the partial or total removal of the information.
Our website contains content that can be downloaded. You understand and agree that every download from our website is at your own risk and that damages resulting from loss of data or damage to the computer system are entirely and solely your responsibility.
2.3 What we expect from you as a User
The User bears some responsibility for the way we offer our website. This means that you should refrain from acts that have a deleterious impact on the proper operation and security of the site or on its use. For example, the website cannot be used to circumvent our business model and/or to gather information from other users.
It is therefore forbidden to distribute content via our website that (may) damage(s) other Users of the website. We may think at the spread of malicious software, computer viruses, malware, worms, trojans and cancelbots. The proliferation of unsolicited and/or commercial messages via the website, such as junk mail, spam and chain letters, is also targeted.
We reserve the right to take all necessary (judicial and extrajudicial) actions that may offer appropriate emedies to the affected parties. The User is solely responsible for all actions exerted on the website that cause damage to the website and/or to other Users. If this occurs, the User has the obligation to keep Smart Toys and Games, Inc. harmless and indemnified from all claims that may arise.
3. LINKS TO OTHER WEBSITES
Our website may contain or provide hyperlinks or point to other websites and/or electronic communication portals maintained by third parties or may provide third party content on our website by framing or other methods. Such a reference being made on our website does not mean that there is any connection between our website and these third-‐party websites nor that we (implicitly) agree with the content of those sites.
We do not guarantee or assume any liability for the accuracy, legality, completeness or quality of the content of external websites linked to our website or of other electronic communications portals that are not under our actual control. These references are therefore to click at your own risk and responsibility. We are not liable for any damage resulting therefrom.
These external websites do not offer the same guarantees as we do. We therefor recommend you to carefully read the Terms and Conditions and Privacy Statement of these other websites.
4. INTELLECTUAL PROPERTY RIGHTS
Creativity deserves protection; so does our website and its content. Such protection is provided by intellectual property rights and is entitled to all parties, i.e. Smart Toys and Games, Inc., its subsidiaries and third parties. Content means the very broad category of photos, video, audio, text, ideas, notes, drawings, images, logos, articles, et cetera. This content is protected by copyright, software rights, database rights, designs and models rights, and other applicable (intellectual property) rights. The technical nature of our website itself is protected by copyright and by the rights on software and databases. Each trade name that we use on our websites is protected by trademark law.
Each User receives a limited right to access, use and display our website and its content. This right is granted in a non-‐ exclusive and non-‐transferable manner and can only be used within a personal, non-‐commercial context. We ask our users not to create nor to bring changes to the intellectual property rights as described in this article without the consent of the owner. Smart Toys and Games, Inc. attaches great importance to its intellectual property rights and has taken every possible measure to ensure its protection. Every infringement on these intellectual property rights shall be persecuted.
5. PROCESSING PERSONAL DATA
6. GENERAL PROVISIONS
We reserve the right to change, limit or discontinue our website and related services at any time and to any extent. We may do so without notifying the User. This does not give rise to any form of compensation.
When the User is found to have violated our terms and conditions, we have the right to undertake all possible measures to penalize and remedy this violation. We can always remove or modify your content (in whole or in part) and/or deny you access to our website. These measures can be taken without giving prior notice. Such measures shall not give rise to our liability nor to any entitlement to compensation.
These Terms and Conditions (including the General Terms and Conditions of Sale) shall be exclusively governed by and interpreted in accordance with Belgian law. Any dispute arising under or relating to Smart Toys and Games, Inc.’s offers or concluded agreements shall come under the jurisdiction of the competent court of the judicial district where Smart Toys and Games, Inc. has its registered office, Antwerp.
If any provision of these Terms and conditions is deemed invalid by a court of competent jurisdiction, the validity of such provision shall not affect the validity and enforceability of the remaining provisions of these Terms and conditions, which shall remain in full force and effect. We retain the right to propose a valid modification of the disputed clause(s).
The titles we use in our legal documents are always of mere illustrative character; they have no legal value.
7. HELP US IMPROVE OUR WEBSITE!
It should be clear that our website aims at being as user-‐friendly as possible. We appreciate any help that may improve our website and gladly receive your questions, comments and tips by email. We expect your input at.