The trademarks, logos and service marks displayed on the Site/App (collectively the “Trademarks”) are the registered and unregistered trademarks of ToyMakerz, its licensors and vendors and other third parties. The Trademarks owned by ToyMakerz and its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not ToyMakerz’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages ToyMakerz. Nothing contained on the Site/App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of ToyMakerz or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and ToyMakerz will aggressively enforce its intellectual property rights in such Trademarks, including through civil and criminal proceedings.
THE SITE/APP AND ALL CONTENT IS PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. You may not circumvent or disable any content protection features and must retain all copyright and other proprietary notices on authorized copies of the Content.
- INTERACTIVE FEATURES AND USER SUBMISSIONS. The Site/App may provide you and other users with features that allow you to submit, post, comment, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, ratings or material to the Site/App (“Submissions”). Submissions do not reflect the views of ToyMakerz and ToyMakerz has no obligation to monitor, edit, or review any Submissions on the Site/App. ToyMakerz assumes no responsibility or liability arising from the content of any such Submissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Submissions on the Site/App. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ToyMakerz will fully cooperate with any law enforcement authorities or court order requesting or directing ToyMakerz to disclose the identity of anyone posting any such information or materials.
By sending, posting or transmitting to ToyMakerz Submissions in any manner or by posting such Submissions to any area of the Site/App, you hereby grant ToyMakerz and our designees a universal, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, exhibit, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You must not transmit any Submission to or through the Site/App or to ToyMakerz that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
Each time you attempt to interact with Toymakerz, such as when you interact with the synchronization aspects of the application or transact within the app or website for example, you will send data for which your network operator will charge at your usual data rates.
- NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ToyMakerz infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or that access to it be blocked.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to ToyMakerz’s Designated Agent. The Name and Address of Agent Designated to Receive Notification of Claimed Infringement: ToyMakerz, LLC, firstname.lastname@example.org (e-mail).
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- DISCLAIMERS. THE SITE/APP, THE CONTENT AND ANY AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE/APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOYMAKERZ AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TOYMAKERZ AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE/APP OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE/APP (OR ANY PART THEREOF INCLUDING THE CONTENT AND SUBMISSIONS), THE SERVER(S) ON WHICH THE SITE/APP IS HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF TOYMAKERZ OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE/APP, IN THE CONTENT OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE/APP AND ANY CONTENT AND SERVICES PROVIDED THROUGH THE SITE/APP ARE ENTIRELY AT YOUR OWN RISK.
- NOTICES AND CONTACT INFORMATION. All notices required or permitted to be given under these must be in writing and shall be given by personal delivery, registered or certified mail, or nationally recognized courier service which regularly tracks its packages, to ToyMakerz, LLC, 2906 Ellington Court, Jamestown, North Carolina 27282, Attention: Managing Member. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by courier, on the second business day after deposit with the service.
If you have any questions, comments or complaints regarding the Site/App, feel free to contact us at: ToyMakerz, LLC, email@example.com, Attn: Webmaster (with the subject line “Website/Application Questions, Comments or Complaints”).