These Terms of Service below are applicable to all websites published by PLAY MKJOYTOYS, S.L. and its affiliates (collectively "MKJOYTOYS" or "we", "us", or "our"); the MKJOYTOYS websites, including the websites located at www.mkjoytoys.com (including any versions optimized for viewing on a wireless or tablet device); all e-mail newsletters published or distributed by MKJOYTOYS; all other interactive features and communications provided by MKJOYTOYS, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by MKJOYTOYS (collectively the "website") and all services provided by MKJOYTOYS through or in relation to the website (the "Services").
This is a legal agreement between you ("you" or "user") and MKJOYTOYS that states the material terms and conditions that govern your use of the website. This agreement, together with all updates, supplements, additional terms, and all of MKJOYTOYS’s rules and policies collectively constitute this "Agreement" between you and MKJOYTOYS. BY ACCESSING THE APP, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE DO NOT USE THE APP AND DELETE THE APP FROM YOUR DEVICE.
1. website and Website Access License.MKJOYTOYS grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the website or its content. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The website and/or any portion of the website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without MKJOYTOYS’s express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the website or any activities conducted as part of the website; or (iii) bypass any measures we may use to prevent or restrict access to the website. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
2. Copyright and Ownership. All of the content featured or displayed on the website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by MKJOYTOYS, its licensors, vendors, agents and/or its Content providers. All elements of the website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The website may only be used for the intended purpose for which such website is being made available. Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website. The website, its Content and all related rights shall remain the exclusive property of MKJOYTOYS or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the website.
3. Trademarks/No Endorsement. All trademarks, service marks and trade names of MKJOYTOYS used herein (including but not limited to: MKJOYTOYS name, MKJOYTOYS corporate logo, the website name, the website design, and any logos) (collectively "Marks") are trademarks or registered trademarks of MKJOYTOYS or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify MKJOYTOYS trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without MKJOYTOYS's prior written consent. You shall not use MKJOYTOYS’s name or any language, pictures or symbols which could, in MKJOYTOYS’s judgment, imply MKJOYTOYS’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
4. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the website. In order to use those restricted portions of the website, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the website's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MKJOYTOYS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MKJOYTOYS has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the website using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
5. Solicited Submission Policy. Where MKJOYTOYS has specifically invited or requested submissions or comments, MKJOYTOYS encourages users to submit content (e.g. comments to blog posts, participation in communities, tips, etc.) to MKJOYTOYS that they have created for consideration in connection with the website ("User Submissions"). User Submissions remains the intellectual property of the individual user. By posting content on the website, you expressly grant MKJOYTOYS a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and MKJOYTOYS shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
7. Inappropriate Material. You are prohibited from using the website or the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited advertisements or "spam" to any user of the Services is expressly prohibited by this Agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in this Agreement, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from participating in our Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
8. User Published Content. User published Content and User Submissions do not represent the views of MKJOYTOYS or any individual associated with MKJOYTOYS, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, MKJOYTOYS’s endorsement of user published Content. MKJOYTOYS does not vouch for the accuracy or credibility of any user published Content on our website or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission. Through your use of the website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our website and Services, you assume all associated risks.
9. Contests, Sweepstakes and Games. From time to time MKJOYTOYS may offer contests, sweepstakes and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.
10. Advertising Rights. MKJOYTOYS reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and MKJOYTOYS and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate MKJOYTOYS to sell, license or offer to sell or license any advertising, promotion or distribution rights.
11. Third Party Links. From time to time, the website may contain links to web sites that are not owned, operated or controlled by MKJOYTOYS or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the website, you do so entirely at your own risk.
12. Transactional Partners. In some cases we partner with another company to co-promote their services within our website. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible. When using these partner’s services, you are bound by such partner’s terms of service. We recommend you read their terms of service carefully.
13. Accuracy of Information. We attempt to ensure that information on the website is complete, accurate and current. Despite our efforts, the information on the website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the website. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
14. Fees. For all charges or deposits for any events, products and services sold on or through the website, MKJOYTOYS or its vendors or agents will bill your bank card or alternative payment method offered by MKJOYTOYS. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card or account of alternative payment method that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse MKJOYTOYS and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the website. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
15. Eligibility to Subscribe to Services. You may subscribe to the Services offered on the website in any location worldwide. MKJOYTOYS makes no promise, however, that the Services available on the website are appropriate or available for use in locations outside the territory designated by MKJOYTOYS for the website, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If You choose to access the website from locations outside the designated territory, You do so at your own risk. It is your responsibility to ascertain and obey all applicable local and international laws (including minimum age requirements) in regard to Services you subscribe to through the website.
17. Termination. You or we may suspend or terminate your account or your use of the website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
18. Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the website is and will be in compliance with all applicable laws. You have read, understood, agree with, and will abide by these Terms of Services. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with the User Submissions, you affirm, represent and warrant the following: (i) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license under this Agreement; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the website and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) you have read, understood, agree with, and will abide by the terms of this Agreement; (iv) You are not, and have not been an agent of MKJOYTOYS and were not and are not acting on behalf of, or as a representative of, MKJOYTOYS or any other party in connection with the User Submission; (v) the User Submission and MKJOYTOYS’s use thereof as contemplated by this Agreement and MKJOYTOYS website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vi) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (vii) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm MKJOYTOYS or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
19. DISCLAIMERS. YOUR USE OF THE APP IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APP ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER MOBVOI, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE APP. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APP MAY BE OUT OF DATE, AND NEITHER MOBVOI, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOBVOI OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
20. LIMITATIONS OF LIABILITY. MOBVOI DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE APP AND/OR THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE APP. IN NO EVENT WILL MOBVOI, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE APP, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE APP AND/OR THE SERVICES OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APP, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP. IN NO EVENT SHALL MOBVOI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR THE EQUIVALENT LOCAL CURRENCY, OR (B) THE VALUE OF THE SERVICES PURCHASED OR SUBSCRIBED BY YOU ON THE APP.
21. Indemnity. You agree to defend, indemnify and hold MKJOYTOYS and any affiliated MKJOYTOYS or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the website or the Internet or your placement or transmission of any message or information on the website by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation of the People’s Republic of China or any other jurisdictions; (v) any claim or damages that arise as a result of any User Submission that you provide to MKJOYTOYS; or (vi) any other party’s access and use of the website with your unique username, password or other appropriate security code.
22. Release. In the event that you have a dispute with one or more other users of the website, you release MKJOYTOYS (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
23. Force Majeure. Neither MKJOYTOYS nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
25. General. Any claim relating to, and the use of, the website and the materials contained herein is governed by the laws of the People's Republic of China. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All disputes arising from or in relation to these Terms of Service shall be submitted to the exclusive jurisdiction of the Beijing Haidian District People’s Court for litigation.
We do not guarantee continuous, uninterrupted or secure access to the website, and operation of the website may be interfered with by numerous factors outside of our control.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that these Terms of Service and all incorporated agreements may be automatically assigned by MKJOYTOYS in our sole discretion.
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. All sections which by their context ought to survive this Agreement shall survive any termination or expiration of this Agreement.
26. Additional Assistance. If you do not understand any of the foregoing Terms of Services or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com.
27. Copyright Notice. All design, graphics, text selections, arrangements, and all software are the Copyright © 2018 of PLAY MKJOYTOYS, S.L. and its affiliates or its licensors. ALL RIGHTS RESERVED
28. Online Transaction. For products and services sold online [www.mkjoytoys.com], the parties to the purchase agreement underlying such online transaction are [MKJOYTOYS Hong Kong Limited] and the user who places the purchase order. These Terms of Service will not apply to such online transaction and a separate Terms of Service (Online Transaction) will apply.