User Agreement
Effective Date: November 4, 2013
READ BEFORE USING THE SERVICE
Introduction
Welcome to the Webkinz Jr™ site (the “Website”). This Website is owned and operated by Ganz, an Ontario partnership, located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. Unless otherwise stated, “Ganz”, “we” or “our” refers to Ganz, an Ontario partnership, and its successors and assigns. If you (“You” or “you”) have any questions relating to this Website, please direct them to the attention of our Customer Service Representative at the above address or email us at webkinzjrsupport@ganz.com.
On this Website, you may: set up a free user account (“Parent’s Account”), register and personalize one or more Webkinz Jr pet(s), configure a play area for a child over which you have legal custody (“Child’s Account”), subscribe for fee-based services, and, in a specified area (“Parent Area”), track Your Child’s progress in completing tasks, and developing educational skills and knowledge. We hope you and Your Child will enjoy our Website and will visit us often to play and learn on it!
Accepting the Terms
Before you or a child authorized by you (for whom you are a parent or legal custodian) (“Your Child”) may access and use any of the features, services, software, and products offered on this Website (“Services”), you must first agree to the terms and conditions set forth in this agreement or any other messages posted by us on this Website and our Privacy Policy, each of which may be amended by Ganz, at its sole discretion, from time to time (collectively, the “User Agreement”).
PLEASE READ THIS USER AGREEMENT CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. WHEN WE MAKE CHANGES TO THIS USER AGREEMENT, WE WILL NOTIFY YOU OF THE CHANGES BY POSTING THE REVISED VERSION ON OUR WEBSITE AND SENDING YOU AN EMAIL NOTIFICATION TO THE EMAIL ADDRESS YOU PROVIDE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT OR ANY AMENDMENTS THERETO, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.
Parents Only
To ensure a safe play area for young children, Parent’s Accounts are only available to individuals who: (i) are over the age of 18; and (ii) are setting up a Webkinz Jr play area for a child over which he/she has legal custody. If you have purchased a Webkinz Jr pet for a child over whom you do not have legal custody, please arrange for that child’s legal custodian (parent/guardian) to set up a Parent’s Account and agree to this User Agreement.
Registration and Your Account
Before you can create a Child’s Account and register Your Child’s first Webkinz Jr pet on this Website, you must have a Parent’s Account. When you set up a Parent’s Account, you will be prompted to create a unique username and password for yourself. Also, to facilitate communication with you about your Parent’s Account, for security purposes, and to enable us to help you if you forget your username and/or password, you will be asked to input your first name, last name, and a contact email address. To protect your privacy, we encourage you to use an email address that does not include your first and last name or place of employment.
Once you have a Parent’s Account, you will be asked to set up a Child’s Account by entering a screen name for Your Child. This can be any name that you wish to use to identify Your Child and which will appear on the screen when you access the Child’s Account. If you have any concerns about disclosing the name of Your Child, we encourage you to select a screen name that does not include the child’s first name. At your option, you may customize the play area by indicating gender, age, developmental level, and/or the child’s date of birth or another special surprise day and month. Gender information is only used to help us understand who is using our site and design a more exciting experience for the kids. The age you select determines the default level of sophistication for the activities. You can always adjust the level whenever you like. The date of birth or special surprise day/month information is only used to deliver a gift to Your Child’s Account on that date.
Once you have set up a Child’s Account, you will have to pick a username and password for Your Child to use when logging into the Website. The registration process is completed by picking a name for the pet.
You may create up to four (4) Child’s Accounts affiliated with your Parent’s Account and associate any number of new Webkinz Jr pets with any of the Child’s Accounts you have set up. If you wish to create more than four (4) Child’s Accounts, you will need to create an additional Parent’s Account.
This Website is designed for you to register all of a child’s Webkinz Jr pets using the Child’s Account original username and password and we strongly recommend that you do so in order that you can take full advantage of all of the features of this Website. If, by mistake, you register a new pet using a different Child’s Account username and password, a new Child’s Account will be created. Child’s Accounts are separate. This means that Your Child can only play with pets, earn and spend KinzCoin™ points, and use other features of this Website on an account-by-account basis. Renewing, extending or resetting one Child’s Account does not renew, extend or reset any other Child’s Account that you may have on this Website.
Parent’s Accounts and Child’s Accounts and the related usernames and passwords are not transferable, even between different Child’s Accounts created under a single Parent’s Account, and similar to digital items and KinzCoins, have no retail value and are not redeemable for cash.
You confirm/agree that: (i) you have legal custody over each child associated with each Child’s Account you create, (ii) you will keep your Parent’s Account and Child’s Account usernames and passwords confidential and not transfer them or make them available to others, and (iii) all information you provide to us is complete, accurate and up to date.
Access Period and Renewals
You can access to the Website free of charge for 15 days (“Trial Period”). Once the Trial Period expires, in order to have your child continue playing on the Website, you will be prompted to subscribe to the service under one of the available subscription plans (“Subscription Service”). When you set up the Account or renew Subscription Services , Your Child will be entitled to access the Child’s Account for:
(i) twelve (12) months from the date the account was set up (“Registration Period”), or
(ii) in the case of Subscription Services or renewal thereof, the period of time specified by us in the related offer upon payment of the then-current and applicable fee,
unless the associated Parent’s Account or Child’s Account has been suspended or terminated early in accordance with this User Agreement (the “Access Period”).
Also, the Access Period relating to one Child’s Account will not impact the Access Period of another Child’s Account.
Each new Renewal Period will commence upon the expiration of the Registration Period or current Renewal Period, as applicable. Renewal Periods and renewal fees may be set by Ganz in its discretion and are subject to change.
Further details regarding Renewal Periods, fees and methods of payment will be provided as those features become available on this Website.
Once you are registered for Subscription Services, Ganz will send you an email reminder thirty (30) days prior to the end of the Registration Period and each Renewal Period related to your membership. If the terms and conditions applicable to Subscription Services have changed and/or Ganz has increased the Subscription Fee, you will be provided with the details of available renewal options. If you have configured your Parent’s Account profile to not renew your membership you may change your mind and select automatic renewal at any time prior to the expiration of the Subscription Services
Subscription Services
Some Services provided through this Website require a fee-based subscription (all fee-based services are referred to as “Subscription Services”). If you elect to purchase Subscription Services offered on this Website, you understand that: (i) your subscription is personal to you and is not transferable, (ii) the Subscription Services may change from time to time and (iii) you will be notified of such changes via a message on this Website or by email.
Prices for all Subscription Services are exclusive of all applicable taxes and charges, if any. You may purchase Subscription Services by using an approved and valid credit card (or other form of payment that we may accept from time to time) and paying the applicable subscription fees (“Subscription Fees”) and taxes (if any) set forth on the Website. These Subscription Fees will cover the specified subscription period (“Subscription Period”) and are non-refundable.
Your Subsciption Services will automatically renew for an additional term of equal duration to the Registration Period (each a “Renewal Period”) at the end of the Registration Period and each preceding Renewal Period unless you have configured the Parent’s Account profile to not renew Subscription Services or Ganz changes the terms applicable to Subscription Services and/or increases the Subscription Fee. The cost of renewing your Deluxe Membership will be charged to your credit card on file. If you do not want your Subscription Services to renew automatically, simply go to “Manage My Account” section of Ganz eStore and follow instructions provided on the payment page and/or the order confirmation page,
All authorized charges will be billed to your designated credit card account (or other account, if an alternative payment method is offered) on the terms described in the specific offer. You understand that your right to access Subscription Services is contingent on our successful processing of your payment. If payment cannot be processed for any reason, you will not be able to access the Subscription Services until payment has been confirmed by us.
If you no longer want access to the Subscription Services, please contact a Customer Service representative at webkinzjrsupport@ganz.com. We will attempt to process all requests within 72 hours after we receive your request and will immediately deactivate or delete any information associated with the Subscription Services and/or your Account. Once used, Subscription Services may be cancelled only at the end of the then current Subscription Period.
Pet Codes
You may order through this Website licenses accompanied by codes which when activated on the Website will allow you to use digital images of the selected Webkinz Jr pets (“Digital Items”) solely within the Website. Subject to this User Agreement, you are granted a non-exclusive limited license for you to activate, access, use, view and manipulate the movement of such Digital Items for your personal, non-commercial use only within the Website. Licenses and their corresponding codes for Digital Items shall be referred to herein collectively as the “Pet Codes.”
No property rights of any kind are transferred to you as a result of the transactions described herein, other than the limited use rights set forth above.
All Digital Items and corresponding Pet Codes are the property of Ganz and are protected by Canadian and foreign intellectual property laws, including, without limitation, copyright, trademark and patent laws. Reproduction, duplication, or distribution of any Digital Items except as permitted pursuant to this User Agreement is a violation of this User Agreement and applicable intellectual property laws.
Ordering Pet Codes
All information on this Website about Digital Items is purely an invitation for you to order Pet Codes from Ganz as set forth herein and does not constitute an offer to sell or license such Digital Items by Ganz. Your correctly completed order form, which must include your contact and credit card information, when delivered by pressing the “Submit” button on the order page, forms your order to purchase Pet Codes from Ganz. Your order will be deemed to be accepted once Ganz has received confirmation of payment in full from the payment processor of your credit card and Ganz sends to you a code to activate the Digital Item on the Website.
With respect to Pet Codes that you order through this Website, you acknowledge and agree that upon making a valid code to such Digital Item available to you, Ganz will have fully satisfied its obligation under this User Agreement, regardless of any failure or inability of you or your intended authorized recipients to use such Pet Codes.
Ganz will not be responsible for lost, stolen, delayed or diverted orders due to factors beyond Ganz’s control.
We rely on the ordering information that you provide to us through this Website as being true, accurate, current and complete. You shall be responsible for any and all losses, damages, and additional costs and expenses that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update such information in a timely manner. Any personal information you provide in connection with your order will be collected, used and/or disclosed in accordance with our Privacy Policy.
All Orders Final
All orders are subject to acceptance by Ganz. Upon acceptance of your order by Ganz, a code will be provided to you at the confirmation stage of the order process. To the fullest extent permitted by law, once an order has been accepted and your code has been issued, no returns, refunds, exchanges, substitutions or cancellations are permitted.
Pricing and Availability
Ganz reserves the right to change the prices of Pet Codes described on this Website at any time and for any reason.
All prices quoted are payable in U.S. dollars. Canadian orders may be subject to the applicable provincial sales taxes. Ganz does not charge for transmitting the Pet Codes to you.
Ganz reserves the right to: limit quantities available to be ordered of Pet Codes (both on a daily basis and on the basis of overall available inventory); discontinue Digital Images (regardless of posted stock levels); and reject, correct, cancel or refuse orders. Ganz may revise or modify Digital Images at any time including prior to Ganz’s acceptance of your order, without prior notice to you.
While every effort is made to ensure that descriptions of Digital Images and prices are accurate, occasionally errors do occur. Ganz reserves the right to correct errors in Digital Images’ descriptions and/or pricing at any time, prior to accepting an order already placed.
Terms and Method of Payment
Payment for all Pet Codes must be made by a valid credit card which can be selected from among the accepted credit cards identified on the Website. No order will be processed unless Ganz receives confirmation of payment in full from your credit card processor.
Restrictions
To place an order on this Website, you must have a valid Account and comply with this User Agreement and our Privacy Policy.
You acknowledge that you are responsible for maintaining the security of, and restricting access to, your Account, including without limitation your password, and you agree to accept responsibility for all orders and other activities that occur under your Account. You must be of the Age of Majority in the jurisdiction where you are placing orders through this Website.
Transfers
You may transfer Pet Codes that you order through this Website only once as a gift to another individual. This User Agreement shall inure to the benefit of and bind your permitted transferees. Once the code is used by one Account holder, it cannot be transferred or used by another party.
Security of Your Account
IT IS IMPORTANT THAT YOU REMEMBER THE USERNAME AND PASSWORD FOR EACH OF YOUR PARENT’S ACCOUNT(S) AND CHILD’S ACCOUNT(S) AND KEEP THEM AND EACH PET PET CODE CONFIDENTIAL AND IN A SAFE PLACE OFFLINE.
We will use your Parent’s Account username and password information to identify you and each child you associate with a Child’s Account when you return to our Website. If you forget a username or password, please follow steps outlined in the “Forgot Password” section of the Parent’s Area.
You are responsible for maintaining the confidentiality of your Account information, and for all activities that occur through the use of these accounts. You agree to: (i) immediately notify Ganz of any unauthorized use of your accounts or any other breach of security, and (ii) ensure that you and Your Child exit from the accounts at the end of each session. Ganz will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.
In accordance with our Privacy Policy, we have put physical, organizational and technological procedures into place to help safeguard and prevent unauthorized access, use and/or disclosure of any personal information you may provide to us. Nevertheless, transmissions made on or through the Internet and stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. For these reasons, we encourage you to limit the amount of personal information you provide to us. To the extent permitted under applicable law, we disclaim responsibility for all negligent acts or omissions that may result in unintentional disclosure of such personal information.
Suspension or Termination of Account
Ganz reserves the right to suspend any Child’s Account that has been inactive for six (6) months or more, or sooner in the case of the trial Child’s Account. If one of Your Child’s Accounts has been suspended for inactivity, you may reactivate it, as long as your Access Period has not expired. Reactivation may take up to 24 hours to complete.
In addition, Ganz may terminate or suspend a Parent’s Account, Child’s Account, and/or access to all or part of this Website and/or any Services, including Subscription Services, available through this Website in the event (i) we determine after reasonable investigation that you or a child authorized by you to access a Child’s Account has breached any provision of this User Agreement or that your or Your Child’s conduct violates applicable law or is otherwise harmful to the legitimate business interests of Ganz or other third parties, or (ii) Ganz determines to cease its operations and/or its provision of any applicable Services.
Your right to access, use, view or manipulate the movement of the Digital Items and use will terminate upon expiration or termination of your Account, or in the event that the Website permanently ceases operation.
Communications
You acknowledge and agree that all communications and documents between you and Ganz with respect to your or Your Child’s use of this Website may take place electronically and that all such electronic notices, agreements, and other communications from Ganz shall be the legal equivalent of written communications. To the extent permitted by applicable law, the parties have requested that the Agreement and all communications and documents relating hereto be expressed in the English language. Dans la mesure où la loi est applicable, les parties ont demandé à ce que ces présentes Conditions d’Utilisation ainsi que toutes les communications et documents s’y rattachant soient exprimés en langue anglaise. If we provide you with a translation of the English language version of the User Agreement, our Privacy Policy or any other documents related to this Website (collectively, “Ganz Policies”), then you agree that the translation is provided for information purposes only, may be updated with delay and does not modify the English version of the Ganz Policies. In the event of a conflict between a translation of the Ganz Policies and the English version, the English version of the Ganz Policies will control.
You are responsible for ensuring that the email address you submit to the Website as part of registration of a Parent’s Account and during the course of any active Access Period is valid and that the services, software or systems you use to access your email (“email Systems“) do not block or filter our communications. Please note that your work email may be subject to additional limitations placed on its use by your employer. We ask that you use a personal email address when registering on this Website. If you choose to register with your work email, or use an email System that interferes with the delivery of our communications, we may not be able to provide you with certain Services and you agree that you will not claim that we failed to provide you with proper notice in relation to the circumstances contemplated under this User Agreement.
Please note that any number of issues may interfere with your receipt of such communications, including, without limit, some types of email Systems that may use filtering or blocking techniques that are intended to block email. We are not responsible for the actual delivery or your actual receipt of these communications.
Links to Other Websites
While Ganz may provide links to other websites owned and/or operated by Ganz or unaffiliated third parties, these sites are not part of this Website, and each has a different user agreement. In addition, to the extent such linked websites are not owned or operated by affiliates of Ganz, these sites also have different policies with respect to the collection, use and disclosure of personal information. From time to time, we may use third-party advertising companies to serve ads when you visit our Website. These companies may use cookie-based ad serving technology for the purposes of (i) ad delivery and reporting; and (ii) re-targeting and/or online advanced targeting. Furthermore, to monitor usage or transfer of content to another site or location and to collect advertising metrics, such third parties may include in the content web beacons or clear GIFs. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small and the same colour as the background of the web page, document or e-mail message. Because your web browser must request such content from the third parties’ servers, such third parties can track your usage, or set their own cookies, just as if you had requested a web page from their site.
Please be sure to review the applicable agreements and policies carefully when visiting these other websites. Ganz is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Ganz of the linked website. GANZ ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Unless otherwise expressly indicated by us, we are not sponsored by or affiliated with the linked third party websites and we do not control the information and materials accessed from such websites. Furthermore, the trademarks used in connection with such third party websites are not trademarks of Ganz.
Although the third party advertising service providers may not have access to tracking technologies set by Ganz, or any of your personal information collected on the Website, they may themselves set and access their own tracking technologies and/or they may otherwise have access to information about you. The use of such technology by these third parties is within their control and not ours. Even if Ganz has a relationship with the third parties, it does not control their sites or policies and practices regarding your information.
We encourage you to investigate and ask questions directly of them in this regard. If you would like more information about the practices used by third party advertising service providers and advertisers and to know your choices about not having the information gathered used by these companies, visit http://networkadvertising.org. Please note that Flash cookies operate differently than browser cookies and cookie management tools available in a web browser will not remove Flash cookies. To learn more about and manage Flash cookies, visit www.adobe.com and make changes at the privacy setting panel. You are always free to decline our cookies if your browser permits, but some parts of the Service may not work properly if you do.
Ganz’s disclosure of information for third party advertising is addressed in the Privacy Policy. Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers, whether or not found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Ganz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on the Site.
Ownership of Intellectual Property and Restrictions on Use of Ganz Materials
Certain products, services, information and materials provided by Ganz through this Website may be accessed and/or used by you without requiring registration or login to this Website (collectively, “Public Materials”). Other products, services, information and materials provided by Ganz through this Website, require registration and/or subscription in order to be accessed and/or used by you (collectively, “Member Materials”). This User Agreement applies equally to the use and access of Public Materials and Member Materials.
All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Public Materials, Member Materials, Pet Codes together with all Digital Images activated by such codes, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Ganz Materials”) are the property of Ganz, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the “Ganz Group”), and are protected, without limitation, by Canadian and foreign copyright, trademark and patent laws. Without limiting the generality of other provisions in this User Agreement, the use of any Ganz Materials on any other website or networked computer environment is prohibited.
This User Agreement grants to you and Your Child a limited license to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use, provided that this license is limited to the display of the Ganz Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the Ganz Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you or Your Child for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Ganz Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Ganz Materials other than as expressly permitted by us.
Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Ganz Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Ganz or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Ganz or its licensors.
If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. Ganz keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
Ganz has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or this entire Website, including hours of availability; and (iii) to restrict access to parts or this entire Website from time to time with or without notice to you. Ganz may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on this Website more enjoyable, you will need, at a minimum, a high speed Internet service, monitor resolution of 1024X768, and the latest released version of one of the following supported browsers: Windows: Internet Explorer, Firefox, Chrome or Macintosh: Safari, Firefox. These requirements may change and such changes will be posted on this Website.
User Code of Conduct
The Website is provided by Ganz and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you or Your Child enters on this Website. Users of this Website must not:
- Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;
- Sell, trade or barter any items earned through this Website;
- Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;
- Ever reveal personal information to other users online. The best way to stay safe online is to NEVER share your real name, phone number, address, email or passwords with other users;
- Attempt to circumvent the security systems of this Website;
- Attempt to gain access to this Website in a fraudulent manner, including but not limited to using fraudulent pet codes;
- Attempt to use this Website in a fraudulent manner, including but not limited to, using cheat codes, exploits or similar measures to gain, or attempt to gain, unearned KinzCoin points, items, pets, access to this Website or information or images that have not yet been officially announced or incorporated into this Website’s functionality.
- Attempt to gain access to any other user’s Accounts;
- Attempt to ascertain any other user’s password, Pet Codes and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication;
- Attempt to harvest or otherwise collect information about other users without their consent;
- Attempt to use this Website for any purposes other than those intended by Ganz; or
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Spam
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
Disclaimers
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE GANZ MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GANZ GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
THE GANZ GROUP DOES NOT WARRANT THAT THIS WEBSITE, THE GANZ MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH GANZ’S CUSTOMER SERVICE DEPARTMENT OR A GANZ REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINALLY, THE GANZ GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR THE GANZ MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY GANZ MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THIS WEBSITE. IF YOUR USE OF THIS WEBSITE OR THE GANZ MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE GANZ GROUP ARE RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GANZ GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE GANZ MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, GANZ IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GANZ GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE GANZ MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.
NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, GANZ DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY GANZ’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF GANZ.
Indemnity
YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE GANZ GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER(S) OF THE GANZ GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OR YOUR CHILD OF THIS USER AGREEMENT; (II) YOUR OR YOUR CHILD’S USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR OR YOUR CHILD’S SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH GANZ IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Jurisdictional Issues and Dispute Resolution
This Website is controlled, operated, hosted and served by Ganz in Ontario, Canada. Ganz’s offices are located in Ontario, Canada. If you choose to access and use this Website from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable. This User Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. To the extent permitted by law, the language of any proceedings arising under this User Agreement shall be English. This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws. Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement should you have any queries about it.
Dispute Resolution:
This Website is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. If you have any questions or concerns relating to this Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Ganz by email at webkinzjrsupport@ganz.com. Should Ganz be unable to resolve the issue, the following rules may apply to the dispute.
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS USER AGREEMENT.
Mandatory Arbitration — YOU AND GANZ AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS USER AGREEMENT, EXCEPT THAT YOU OR GANZ MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR GANZ MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT (“NOTICE TO ARBITRATE”). SEND NOTICE TO ARBITRATE TO: GANZ, ATTN: GENERAL COUNSEL, One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS USER AGREEMENT WILL BE ADMINISTERED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE, IN ACCORDANCE WITH THE NATIONAL ARBITRATION RULES OR THE INTERNATIONAL ARBITRATION RULES, AS APPLICABLE, AS SUCH RULES MAY BE MODIFIED BY THIS AGREEMENT. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE TORONTO, ONTARIO, CANADA.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL MUTUALLY AGREED UPON BY BOTH PARTIES ARBITRATOR OR, OTHERWISE, ARBITRATOR SELECTED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE. YOU AND GANZ FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS USER AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS USER AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.
Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS USER AGREEMENT, YOU AND GANZ ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND GANZ BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND GANZ BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Final Note to Parents
The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. If you are resident in the United States, we encourage you to visit The Direct Marketing Association’s Web site (http://www.the-dma.org) and explore the Get CyberSavvy! program at http://www.cybersavvy.org/cybersavvy/index.html. Get CyberSavvy! helps families learn how information flows online so they can use the Internet in ways that protect their privacy and well-being. It also contains a number of valuable resources to help parents and children be aware of and express their preferences about information that is collected online and how it is used. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.
General Provisions
This User Agreement and our Privacy Policy contain the entire understanding between you and Ganz in connection with your and Your Child’s access and use of this Website and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written between you and Ganz with respect to your and Your Child’s access and use of this Website. If any provision of this User Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this User Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this User Agreement. Your use of this Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Ganz other than that of independent contractors. This User Agreement may not be assigned by you.
The parties residing in Canada have requested that this User Agreement and all communications and documents relating hereto be expressed in the English language. Les parties aux présentes qui sont résidents au Canada ont exigé que ce contrat d’utilisation ainsi que tous les communications et documents s’y rattachant soient exprimés dans la langue anglaise.
