Terms of Use

Effective Date: April 13, 2011

This website (the “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 relating to the Website, they can be sent to the attention of our Customer Service Representative at this address, or by email at ganzworldsupport@ganz.com.

Through the Website, you may get the latest updates on the virtual playspace featured on the Website and participate in cool contests and surveys. We hope you will enjoy the Website and will visit us often. So that you may fully enjoy the Website, we would like you to be aware of the rules that will govern your use of the Website.

The Terms of Use is a contract between you and Ganz and applies to all users of the Website. In the Terms of Use “you” or “your” means any person or entity using the Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), it also includes such person’s parent or legal guardian. Unless otherwise stated, “Ganz”, “we” or “our” refers to Ganz, an Ontario partnership, and its successors and assigns. Any other posted guidelines or rules applicable to any individual use of the Website will form part of the Terms of Use.

PLEASE READ THE TERMS OF USE CAREFULLY, AND IF YOU ARE UNDER THE AGE OF MAJORITY (AS DEFINED HEREIN) IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES TO THE TERMS OF USE ON YOUR BEHALF. BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEBSITE. PLEASE PRINT A COPY OF THE TERMS OF USE FOR YOUR RECORDS.

Amendments

We may amend or supplement the Terms of Use at any time. Please check the Terms of Use each time you access and use the Website so that you will understand the terms applicable to your access and use of the Website. When we make changes to the Terms of Use, we will notify you of the changes by posting the revised version on the Website. If you do not agree to the amended Terms of Use, you may not continue to access or use the Website. However, note that no changes to the Terms of Use that we may make in the future will shorten the balance of your Registration Period if applicable (as hereafter defined) at the time of amendment.

Ganz has the right to vary, modify, change or discontinue: (i) any feature or function offered on the Website; (ii) any part or all of the Website, including hours of availability; and (iii) to restrict access to parts or all of the Website from time to time with or without notice to you. Ganz may make available and upgrade the Website on the same terms and conditions as the Terms of Use and any such upgrades will form part of the Website. In order to obtain and access parts of the Website, including upgrades, you may be required, at your own cost, to install specific software on your computer.

Privacy Policy

Our general Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into the Terms of Use by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version on the Website. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website.

Links to Other Websites

While Ganz may provide links to the Website and other websites owned and/or operated by Ganz or unaffiliated third parties, these websites are not part of the Website, and each is governed by a different set of rules. In addition, to the extent such linked websites are not owned or operated by Ganz or its affiliates, these websites also have different policies with respect to the collection, use and disclosure of your personal information.

Please be sure to review the applicable terms of use and policies carefully when visiting our other websites or any third party websites to whom we provide links. Ganz is providing these links to you only as a convenience. GANZ ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE WEBSITE WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Unless otherwise expressly indicated by us, we are not sponsored by or affiliated with the linked websites and we do not control the information and materials accessed from such third party websites. Furthermore, the trademarks used in connection with such third party websites are not trademarks of Ganz.

Certain products, services, information and materials provided by Ganz through the Website may be accessed and/or used by you without requiring registration or login to the Website (collectively, “Public Materials”). Other products, services, information and materials provided by Ganz through the Website, may require registration in order to be accessed and/or used by you (collectively, “Member Materials”). The Terms of Use applies equally to the use of and access to Public Materials and Member Materials.

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we may 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. We disclaim responsibility for all negligent acts that may result in disclosure of your personal information.

Communications

The parties have requested that the Terms of Use and all communications and documents relating hereto be expressed in the English language. You further acknowledge and agree that all communications and documents between you and Ganz with respect to your use of the 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.

Ownership of Intellectual Property and Restrictions on Use of Ganz Materials

Unless marked otherwise, all products, services, content, information displayed, performed or otherwise accessible through the Website, including, without limitation, eStore items, Public Materials, Member Materials, feature codes and access 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 other foreign copyright, trademark and patent laws. Without limiting the generality of the foregoing, use of the Ganz Materials on any other website or networked computer environment is prohibited.

The Terms of Use grants to you a limited license to access and use the 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 attempt 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 the Website pages only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of the Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you 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 the 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 Website pages 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 the Website or the Ganz Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the 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 the 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 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.

User Content

Certain areas of the Website will permit you to send to Ganz materials, information and other submissions. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to Ganz or otherwise posted on the Website shall be deemed to be, and shall remain, the property of Ganz. You shall be deemed to have irrevocably assigned in perpetuity to Ganz free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights of attribution therein completely and irrevocably. Without limiting the foregoing, Ganz shall exclusively own all now known or hereafter existing rights in the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Ganz, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you. None of the User Content shall be subject to any obligation of confidence on the part of Ganz, and Ganz shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, Ganz may, but is not obligated to, use and publish the User Content on the Website or elsewhere for purposes that include without limitation contest announcements, new or enhanced products or services, marketing and public relations.

You are responsible for all User Content posted by you. GANZ HAS NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. Ganz does not and cannot review every submission by users and is not responsible for, nor does it endorse the content of such submissions. However, Ganz retains the right, but not the obligation, to review, edit or delete any User Content which Ganz deems to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.

Contests

From time to time you may have the opportunity to participate in a contest. We will provide the rules for such contests on the Website before the contests begin. You may also win virtual prizes through playing games of skill in the Website’s Arcade, or through trivia contests. With respect to the Arcade games and trivia contests, the following minimum rules shall apply:

  1. We will tell you the number and type of prizes to be won;
  2. Your chances of winning depend on your skill; your chances of winning also depend on the number of contest participants and their skill;
  3. For some contests, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);
  4. Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
  5. Some games have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;
  6. We will clearly advise you of the start and stop times applicable to the contest selected;
  7. There may be limits on the number of times you may participate in the contest, so read the Official Rules carefully; and
  8. Prizes will be awarded without undue delay.

User Code of Conduct

The Website is provided by Ganz and is intended to be used in a safe and enjoyable fashion. Users of the Website must not:

  1. Use the Website in such a way as to offend or interfere with the use by anyone else of the Website;
  2. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the 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;
  3. Attempt to circumvent the security systems of the Website;
  4. Attempt to gain access to or use the Website in a fraudulent manner, including but not limited to, through the use of cheat codes, exploits or similar means to gain or attempt to gain unearned prizes and awards, items, pets, access to the Website or information or images that have not yet been officially announced or incorporated into the Website’s functionality;
  5. Attempt to use the Website for purposes other than those intended by Ganz; or
  6. 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 the Website is to facilitate communications relating to the functions of the Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND THE GANZ MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, FOR USE AT YOUR OWN RISK. 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 THE WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, OR ASSOCIATED WITH THE USE OF THE WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. THE GANZ GROUP DOES NOT WARRANT THAT THE WEBSITE, THE GANZ MATERIALS, OR ANY WEBSITE TO WHICH THE 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 THE 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 THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THE TERMS OF USE AND THIS DISCLAIMER AND THE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS THAT MAKE THE 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 THE 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 THE 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 THE WEBSITE. IF YOUR USE OF THE 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, THE 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 THE 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, THE WEBSITE, ESTORE ITEMS OR ANY OF THE GANZ MATERIALS OR FUNCTIONS ON THE WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THE 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 OF THE TERMS OF USE; (II) YOUR USE OF THE WEBSITE AND/OR YOUR 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

The 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 the Website from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms of Use 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 the Terms of Use are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to the Terms of Use 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. The language of any proceedings arising under the Terms of Use shall be English. Nothing in the Terms of Use 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 the Terms of Use. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of the Terms of Use should you have any queries about it.

Dispute Resolution:

The 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 the Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Ganz by email at ganzworldsupport@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 THE TERMS OF USE.

Mandatory Arbitration – YOU AND GANZ AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THE TERMS OF USE, 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 THE TERMS OF USE 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 THE TERMS OF USE. 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 THE TERMS OF USE, 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 THE TERMS OF USE 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 ACCEPTING THE TERMS OF USE, 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 THE TERMS OF USE 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. 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

The Terms of Use and our Privacy Policy contain the entire understanding between you and Ganz in connection with your access and use of the Website and supersede all prior agreements, understandings, negotiations or discussions, whether verbal or written between you and Ganz with respect to your access and use of the Website. If any provision of the Terms of Use 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 the Terms of Use will remain in full force and effect. Notwithstanding the foregoing, if any provision of the Terms of Use 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 the Terms of Use. If you have purchased any licenses to eStore Items from ganzestore.com for use on the Website, use of such items on the Website shall be governed by the Terms of Use and the User Agreement for Ganz eStore. Your use of the 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. The Terms of Use may not be assigned by you.

Last Updated: April 13, 2011

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