Be sure to read these Terms of Service before accessing this website. Foozzilla.com web site (the “Site”). When you visit the Foozzilla.com website you consent to being bound to these Terms of Use.
The Terms of Service may be amended from time the date. Therefore, it is recommended to be sure to check the date of this terms of Use (which is at the end of the document) and then review any changes made since the previous version. If you are not in agreement with these Terms of Service Please do not access this Site.
Access to the site
You’ll be able to use our Website without needing to sign up with us.
Website Uptime
We make every effort to ensure that our website is available 24 hours a day, all year. However, sites do occasionally have downtime due to server issues and other technical issues. We will therefore not be held responsible if the Site is not available at any point.
The Site could temporarily unavailable due to problems like malfunctioning systems, maintenance or repair, or due to factors beyond our reach. If we can, we’ll attempt to provide our users with advance notice of any maintenance issues but aren’t legally required to provide this information.
Transactions
We have the right to at any point after the receipt of your order to either accept or deny your order or any part of it, regardless of acceptance of an order confirmation. We are entitled at our discretion to limit the amount of items you purchase and/or stop the sale of items to dealers. If an item is listed with an untrue price we’ll be entitled to refuse or cancel orders on behalf of the product that is that is listed at an incorrect price regardless of whether or not the purchase has been confirmed or your credit card has been charged. When your card’s credit has been debited for the purchase and your order is cancelled and we give you a credit on the credit card on which you have it for the incorrect price.
When you submit a address to Foozzilla you agree that a representative from Foozzilla can contact you via the contact number you supply, possibly by using automated technology (including SMS messages or texts) or by recording a message. The consent you give us is not an obligation to buy the products we offer.
Copyright
The content on the Site including text graphics buttons, logos, icons and audio clips including video and software, is the sole property of Ninety-Five, LLC and Foozzilla.com or its content providers and is protected by U.S. and international copyright laws. A compilation (meaning the gathering, arrangement, and the assembly) of the content available on the Site is the sole ownership of Ninety-Five, LLC and Foozzilla.com and is protected by U.S. and international copyright laws. All software used on the Site is the property of Ninety-Five, LLC and Foozzilla.com or its software suppliers and protected by U.S. and international copyright laws. The Site permits users to duplicate and print hardcopy sections of this Site only for the reason for placing orders via this site or using it to shop. Other uses, which includes reproduction or distribution, modification or transmission, as well as the display, or performance of the information on the Site is strictly forbidden.
When submitting text or copy for personalization the buyer warrants that the use of it by the factory for the items purchased is not in violation of any laws or regulations. Foozzilla hereby disclaims any responsibility to comply with these laws through the use of the customer’s text or any other materials.
Trademarks
The trademarks and logos, services trademarks and trade names belong and belong to Ninety-Five, LLC, Foozzilla.com, or other owners who have granted Foozzilla.com Site rights and permission to use their intellectual property.
Disclaimer
The products, information, and services that are available for purchase and the materials that are advertised or included on the Site as well as, without the limitation of graphic and text are offered on an “As is” basis without warranties of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ninety-Five, LLC, Foozzilla.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Additionally, Ninety-Five, LLC, Foozzilla.com and its suppliers do not warrant or guarantee that the information that is available through the Website is correct, up-to-date or up-to-date. We cannot be held responsible for typographical mistakes. Information on availability and prices is subject to alter without notice.
Description of the Product
Most of the products featured on the Site can be purchased at Foozzilla.com and in retail stores across the United States while supplies last. In certain instances, the products available for purchase on the Site might not be available in stores, and the reverse is also true. Prices displayed at the Site are listed as U.S. dollars and are valid only within the United States. Prices, images, and descriptions of this site are subject to alteration. We are not responsible for inadvertent mistakes. Contact Us within 30 days of receiving a notice regarding the price or promotions that are not in line. When you place an online order, you consent to the terms and prices that are displayed on our website. Price variations relating to prices that are either in the future or previously published in our store or in any other store’s prices aren’t refundable. Specific technical specifications and settings on your device or computer and its display can influence the accuracy of its display of colors for products on our website.
Users Conduct
If you use our website, you are required to not transmit or post messages either to or from the Site:
- A) content that you haven’t obtained all the necessary consents;
2.) information that’s discriminatory, offensive pornographic, defamatory or discriminatory. that could incite hatred of racial origins or violate privacy or confidentiality, that can cause irritation or discomfort to other users, and which promotes or encourages conduct that could be considered to be a crime or result in civil liability or violates the law of any area where our Website is utilized;
- C) information that can be harmful to the environment, including without limitation, Trojan horses, computer viruses corrupted data, other software that could be harmful or data.
We will be fully cooperative with law enforcement officials or court order that requires us to release the identity of the person or other information or the identity of any person who posts material on our website in violation in this section.
We ask you not to use our Website when you are distracted or preoccupied like when driving in a motor vehicle. It is recommended that you access our site only in a manner that is considerate of your safety as well as the safety of those around you.
Links to third-party websites
The Site may include hyperlinks to websites of third parties other that ours. Ninety-Five, LLC and Foozzilla.com are not assuming any responsibility for these websites and provide those links only to make it easier for our users.
Ninety-Five, LLC and Foozzilla.com does not have any control over the content on these websites and does not assume any liability for the content of their websites. Nor does it mean the fact that Ninety-Five, LLC or Foozzilla.com endorses or in any way recommends the websites or products or services that are offered.
Limitation of Liability
In no case shall NINETY-FIVE LLC FOOZZILLA.COM and any its affiliated entities or their suppliers be held liable for any direct, indirect or consequential, special INCIDENTAL, EXEMPLARY, OR consequential damages, even if NINETY-FIVE, LLC, and FOOZZILLA.COM were previously advised of the possibility of such damages, irrespective of whether in an lawsuit, under contract or negligence, or under any other theory, arising out of or in connection with the use, inability to use or PERFORMANCE of the information Products, Services, and Materials available through the Site. These limitations will apply regardless of any failure to fulfill the essential reason as well as the availability of a restricted remedy. Since certain jurisdictions do not permit the limitation of time for which an implied warranty will last or the limitation or exclusion of the liability for incidental or consequential damages, the limitations above might not apply to you.
Indemnification
The Site is your responsibility to protect, defend and indemnify you and hold us and our directors, officers as well as our employees, volunteers agents, licensors, as well as suppliers in the event of any claims, actions , demands, liabilities or settlements, including but not limited to reasonable accounting and legal costs that arise from, or are believed to arise out of your use of or access to the Site, or your violation of these Terms, or your infringing any third-party right, which includes without limitation any trademark, copyright , or other privacy or proprietary right.
Assignment
These Terms, as well as any rights or licenses conferred hereunder, are not be assigned or transferred by you.
The Limits on Responsibility
We are not responsible for damage caused by the user or the loss of components incurred through the use or operation of our products.
Applicable law
It is the law of the State of Connecticut will govern these Terms of Service without affecting any principle of conflict of law.
We do not warrant that our content, or that of the Site is appropriate or could be downloaded or used outside of the United States. The Site’s access and/or the content might not be legal in some countries other than those of the United States. In the event that you visit this Site from outside of the United States, you do it entirely at risk. You are accountable to comply with the laws in the country where you access the Site.
Our Site is subject to the United States export control laws and regulations, and could be subject to import or export regulations from other countries. You agree to abide with these laws and regulations. You acknowledge that it is your obligation to obtain permission to export, reexport, or import any information that we collect on our site in accordance with the requirements.
Note: The Terms and Conditions below are for users who send us content we’re interested in using.
General Terms and Conditions
#ToysThatInspire; #Foozzilla
Thanks for sharing the images that are a source of inspiration for to play! You’ve given us permission to publish the images on the Countless Ways to Play Gallery your images along with your handle and the caption you’ve put on your picture (“User generated content” also known as “UGC”). By sharing your UGC, you are agreeing to these Terms and Conditions, the Terms of Use for our Site (above) and our Privacy Policy (foozzilla.com/privacy-policy).
You own the content that you offer.
By sharing your UGC with us You do not grant any ownership rights to the UGC and you warrant as a matter of fact that you own all rights to title and interest in the UGC you share, which includes all copyright. You also warrant and represent that sharing and the publication of your UGC does not infringe the rights of another person such as the intellectual property rights.
You are entitled to distribute the contents of your UGC.
By sharing your UGC you warrant and represent that you are 18 or older and are the legal guardian or parent of every child featured in the photographs you submit. Also, you represent and warrant that any adult that appears in your photographs is you.
You give us an License to make use of the content of your UGC.
By sharing your UGC by sharing it, you grant Ninety-Five, LLC and its successors and assigns Ninety-Five, LLC as well as the successors to it and its assigns the perpetual all-inclusive, worldwide, non-exclusive and fully paid-up license to make use of your UGC as well as the copyright in any form and medium. This means that we are granted the rights to copy and display, as well as publish, modify and archive your UCG in any and all methods, and that our rights will not end. Also, you won’t receive any cash in compensation for granting these rights.
How we will utilize the UGC.
We have no obligation to utilize every UGC that you submit and we reserve the right to choose at our discretion whether images will be released. The UGC provided to us can be displayed on our website as well as the social media sites. We may also publish the data within our publications, catalogs e-mail marketing materials, points of sale store materials and in various other marketing and promotional documents.
Release.
By sharing your UGC you release Ninety-Five, LLC from any liability that arises due to our usage of your UGC.
Non-Confidentiality.
By sharing your UGC with us, it will be available to the public. Take care when deciding on what personal information you share. If you wish to remove you UGC from our site, simply send us an e-mail at support@foozzilla.com. Even if we delete your UGC the consent to the waiver will be applicable to any UCG that we have previously utilized.
Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (“DMCA”) offers the right to copyright owners who feel that content posted on the Internet violates their rights as a result of law. U.S. copyright law. If you believe that the content we have posted on the Take Back Childhood Gallery is infringing your copyright, then you may request us to remove this content by sending us an DMCA Notice. If you feel that a DMCA Notice has not properly made in your favor, you can make Counter-Notice. Notices and Counter-Notices must comply with the DMCA specifications and we recommend you seek legal advice before submitting an Notice or Counter-Notice. We will refuse to accept UGC from those are believed to be repeat violators, and could impose significant penalties for false claims. Notices and Counter-Notices may be delivered to us via any of the following ways:
By e-mail: support@foozzilla.com
General
These Terms, in conjunction and the Privacy Policy, any other legal or other terms published on the Site along with any other applicable agreements will constitute the complete agreement between us regarding our use and access to the Site. If any of the provisions in these Terms is found to be unenforceable by a court with jurisdiction, the invalidity of that clause will not impact the validity of the remaining terms that are contained in the Terms and will remain in full effect and force. A waiver of any term will be considered to be a continuation or continuous waiver of the phrase or any other or other term. Our inability to declare the right, provision or rights of these Terms does not mean that we have waived such right or clause. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. Otherwise, the cause of action is permanently barred.
Last updated on January 05, 2022.