Updated: November 2020
1. JURISDICTION & CHILDREN
What Information is required to create an Account with us?
During the registration process we may collect your date of birth, email addresses, username, password, and gender and where you permit your children to use the Site or the Services, their username and password.
Your information may be used by us:
• to verify your eligibility to create and to maintain your Account;
• to ensure that your Account, including your username, is unique;
• to enable us to provide certain security and privacy safeguards;
• to deal with security, debugging and technical support issues;
• for special promotions and mailings
• to protect ourselves and others from abuse.
Where a child under thirteen years of age seeks to create an Account, they will be required to provide their parent/guardian’s email address so that we can contact them to verify their consent, including in some cases by sending a “Notice to Parents and Guardians of Informational Practices with Regard to Children” email. Children under thirteen are not permitted to use certain features of this Site or the Services until certain steps are taken by their parent/guardian.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify us immediately or any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
USE OF COMMUNITY BOARDS
The Account created may be used to participate in community boards or other online communities (collectively, the “Community”). While participating in such Community, in addition to adhering to the rules of conduct set out below in Section 5, you agree not to:
a. disrupt the normal course and pace of postings or chat, including through: (i) excessive shouting through the use of the “all caps” key; (ii) posting “Spam” messages; and
b. harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any other member.
4. PERSONAL USE ONLY
This Site and the Services are only for personal use. You may not use this Site or the Services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
5. CODE OF CONDUCT
You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Site or the Services. Circular Toys does not condone or allow spam. You agree that you will not use this Site or the Services to send unsolicited commercial or other e-mails or messages.
While using this Site or the Services you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site and the Services. In addition, and without limiting the foregoing, you agree not to:
While we endeavor to keep downtime to a minimum, we can’t promise that this Site or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site or the Services.
7. ACCESS TO THE SITE AND SERVICES
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Site and the Services and that you shall be solely responsible for all charges and fee related thereto.
8. LINKED WEBSITES
This Site or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Circular Toys monitors or endorses these websites. Circular Toys does not accept any responsibility for such websites. Circular Toys shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
9. SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability, in some cases, to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services.
Circular Toys shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or the Services or your downloading of any of User Materials or other content from this Site. Circular Toys recommends that you install appropriate anti-virus or other protective software as applicable.
10. SWEEPSTAKES, CONTESTS AND GAMES
11. FEES FOR RELATED SERVICES
12. OUR MATERIALS
This Site and the Services may be owned and operated by Circular Toys in conjunction with others pursuant to contractual arrangements.
Circular Toys may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “SMS Materials”) available to you from this Site or the Services, from time to time. If you download or use SMS Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Circular Toys’ prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. Circular Toys does not transfer either the title or the intellectual property rights to the SMS Materials, and retains full and complete title to the SMS Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the SMS Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any SMS Materials into a human-perceivable form. Circular Toys or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This Site, (including its organization and presentation and SMS Materials) is the property of Circular Toys and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
13. YOUR MATERIALS
By any posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Materials”) to this Site or the Services by you or at your direction, you are granting Circular Toys, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use such User Materials in connection with the operation of this Site and the Services, including, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such User Materials. You will not be compensated for any User Materials. You agree that, unless you advise otherwise, Circular Toys may publish or otherwise disclose your username in connection with your User Materials. By posting User Materials on this Site or the Services, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.
You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. Circular Toys shall not be responsible or liable for the deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of this Site or the Services.
You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Site or the Services and agree to obtain and maintain all such consents or permissions throughout the term of this agreement.
14. CLAIMS OF COPYRIGHT INFRINGEMENT
Circular Toys asks you to respect the intellectual property of others. In order to protect the intellectual property of others from misuse we ask you to help us. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe, in good faith, that materials hosted on the Site infringe your copyright, please provide Circular Toys’ Copyright Agent with a notice of infringement (“Notice”) containing the following information:
Circular Toys Inc..
334 Marlowe Dr. Waterloo, ON.
If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Circular Toys a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed under the DMCA. We suggest that you consult a legal advisor before filing a Notice or counter-notice. Also be aware that there can be penalties for false claims under the DMCA. Circular Toys will terminate membership privileges and access to the Site for those who engage in acts of infringement.
15. SITE, SERVICES AND MATERIALS PROVIDED “AS IS”
THIS SITE, THE SERVICES AND THE CONTENT AND OTHER MATERIALS AVAILABLE THEREIN (“MATERIALS”) ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CIRCULAR TOYS DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
16. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, THE SERVICES AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR CIRCULAR TOYS TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY CIRCULAR TOYS, CIRCULAR TOYS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. TERM & TERMINATION
20. YOUR COMMENTS
Feel free to email your comments, suggestions and feedback (“Comments”) to Circular Toys at the e-mail addresses provided in this Site or the Services. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Circular Toys has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Circular Toys may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you; and (iv) such Comments are truthful and do not violate the legal rights of others.
21. ACCESS RELATED TO ALLEGED VIOLATIONS
To ensure that Circular Toys provides a high quality experience for you and for other users of this Site and the Services, you agree that Circular Toys or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site or the Services, and you agree to give Circular Toys full access to your account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such account and related information and records.
22. PROTECTION OF MINORS
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation.
23. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
24. EXPORT CONTROL AND JURISDICTION
This Site, the Services and the Materials are subject to United States export controls. No Materials or any other materials may be downloaded or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We make no representation that materials in this Site or the Services are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site and/or the provision of any of the Services, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Services, materials, or other product provided.