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Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ACCESS TO OR USE OF THE SITE (AS DEFINED BELOW) CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF USE THEN IN EFFECT.
We reserve the right to cooperate with law enforcement authorities or court orders seeking disclosure of identity and other personal information of anyone posting or transmitting any of the information or materials described above.
When accessing or using any Services or Software, you agree that you are subject to any additional guidelines, rules, terms and conditions posted by us and applicable to such Services or Software, which rules, terms and conditions are hereby incorporated by reference into these Terms. In addition, you agree that you are subject to any third party’s guidelines, rules, terms and conditions applicable to the posting of Off-Site Submissions and Off-Site Creations (each as defined below).
On-Site Submissions and Off-Site Submissions shall, collectively, be referred to herein as ‘Submissions’; On-Site Creations and Off-Site Creations shall, collectively, be referred to herein as ‘Creations.’
You grant to Company and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, any Submission and/or Creation (including without limitation your voice, image or likeness as embodied in such Submission or Creation), in any media now known or hereafter developed, for Company’s and the Affiliated Entities’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms for any reason. For each Submission and each Creation, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any Submission or Creation), and that such Submission or Creation (as applicable), and your provision or creation thereof through the Site, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any ‘moral rights’ or other rights with respect to attribution of authorship or integrity of materials regarding each Submission and Creation that you may have under any applicable law under any legal theory.
You acknowledge and agree that you are responsible for any Submission or Creation you provide, and for any consequences thereof, including the use of any Submission or Creation by third parties. You understand that your Submissions and Creations may be accessible to other parties, who may be able to share your Submissions and Creations with others and to make them available elsewhere, including on other sites and platforms.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission and each Creation before allowing it to be posted on the Site or otherwise stored in connection with the Site; and (b) we may do any of the following, at our sole discretion and for any reason whatsoever: (i) monitor Submissions and Creations; (ii) alter, remove, or refuse to post or allow to be posted or stored any Submission or Creation; (iii) monitor, filter, alter and/or block any of your communications through or in connection with the Site (including without limitation by means of blocking or replacing expletives or other language that we may deem to be harmful, offensive, threatening, abusive, harassing, hateful or intimidating in our sole discretion); and/or (iv) disclose any Submissions or Creations or any communication through or in connection with the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site; to protect Company, the Affiliated Entities, and their respective sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Submissions and Creations will be provided by many parties. Please note that Submissions and Creations provided by others may include opinions, advice, statements, information, or other materials that are inaccurate, misleading, deceptive, or offensive. Company and the Affiliated Entities neither endorse nor are responsible for any opinions, advice, statements, information, or other materials associated with any third-party Submissions or Creations. Without limitation, Company and the Affiliated Entities are not responsible for any opinions, advice, statements, information, or other materials made available in any Submission or Creation (including without limitation errors or omissions in any Submission or Creation or links or images embedded in any Submission or Creation) or results obtained by using any such Submission or Creation. Under no circumstances will Company, the Affiliated Entities, or their respective employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on any Submission or Creation. The opinions expressed in any Submission or Creation reflect solely the opinions of the individual(s) responsible for such Submission or Creation, and may not reflect the opinions of Company or any Affiliated Entity.
In addition, Company has no control over, and Company and the Affiliated Entities shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through or in connection with any Submission or Creation or any other part of the Site. If you choose to make any of your personally-identifiable or other information publicly available in a Submission or Creation, you do so at your own risk.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Company shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice
While Company tries to maintain the integrity and security of the Site and the servers from which the Site is operated, Company does not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, it may be possible for third parties to make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at TMP International, P.O. Box 12230, Tempe, AZ 85284-0038. with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
Jen Cassidy
McFarlane Toys
P.O. Box 12230
Tempe, AZ 85284-0038
Phone: (866) 501-9312.
Email: licensing@mcfarlane.com
We suggest that you consult your legal advisor before filing a notice or counter notice. Please be aware that there are penalties for false claims under the DMCA.
Site ©2017 McFarlane Toys unless otherwise noted. All rights reserved.