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Effective Date: 03/2021
Bradykin welcomes you to its sites and services and truly appreciate your interest in knowing more about the Company's terms and policies. The Company, its affiliates and all entities and brands under its control including all trademarks owned or controlled by such entities, are collectively referred to herein as "we," "us" or "our".
2. USE OF CONTENT
All information, materials, features, activities, functions and other content (including Submissions, as defined in the Section titled "SUBMISSIONS") ("Content") contained on Sites and Services are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Sites and Services or delete Content or features at any time, in any way, for any or no reason at all
Except as we specifically agree in writing, no Content from any Site or Service may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of an Site or Service, except that where an Site or Service is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of Sites and Services is prohibited.
In the event that we offer downloads of software on an Site or Service and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on an Site or Service for our review or display and possible specifically-defined consideration or compensation (e.g., prizes or other value in games, sweepstakes, contests and promotions); (collectively, "Consideration") and (b) that you Distribute on or through any Site or Service for which you do not seek Consideration (e.g., in our Guest Services and in Public Forums (as defined below in Section 5, titled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
We do not accept or consider Unsolicited Submissions so please do not distribute Unsolicited Submissions on or through any Sites and Services. We make no contract implied, or otherwise, with respect to unsolicited submissions, and it is our specific interest to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. Accordingly, do not Distribute any Unsolicited Submission. You agree that any Submissions you Distribute are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type, other than which is stated herein.
4. LICENSES AND REPRESENTATIONS
Regarding your submissions, you hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Sites and Services, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
To the extent that we solicit Submissions through features or activities on or through the Sites and Services (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 5, titled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements, and assignments whether or not your Submissions are used by us.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives, and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments, and waivers made by you with respect to Submissions submitted by you to us.
Some function on the Sites and Services permit or require you to create an account to participate or to secure additional materials. You agree to provide, maintain, and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site or Service. In addition, you agree to exit from your account at the end of each session.
6. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site function or feature offered as part of any Site or Service that offers the opportunity for users to distribute Submissions for viewing by one or more Site or Service users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, chat-bot, and e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through any Site or Service under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute.
7. RULES OF CONDUCT
The following Rules of Conduct apply to our Sites and Services. By using the Sites and Services, you agree that you will not distribute any Submission that:
a. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
b. is bigoted, hateful, racially or otherwise offensive;
c. is violent, vulgar, obscene, pornographic or otherwise sexually explicit;
d. otherwise harms or can reasonably be expected to harm any person or entity;
e. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
f. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
g. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
h. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites and Services or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Sites and Services;
i. does not generally pertain to the designated topic or theme of the relevant Public Forum;
j. violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
8. COOPERATION AND REMOVAL OF SUBMISSIONS
9. CONTENT ACCESSIBLE THROUGH LINKS FROM SITES AND SERVICES AND SEARCH RESULTS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO SITES AND SERVICES OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO OR FROM ANY SITE OR SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR SERVICE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Sites and Services may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
12. LIMITATION OF LIABILITY
13. JURISDICTIONAL AND VENUE ISSUES
15. GENERAL PROVISIONS
Supply of goods, services and software through Sites and Services is subject to United States export control and economic sanctions requirements. By acquiring any such items through Sites and Services, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through Sites and Services if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List ; or (2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
16. CLAIMS OF COPYRIGHT INFRINGEMENT
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any Content hosted on any Site or Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that website.
c. 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. 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.
f. 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.
g. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
h. You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below.
The Company's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follow:
For clarity, only DMCA notices should go to the Company's Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to customer service through the firstname.lastname@example.org. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
17. PRODUCT SAFETY
The Company's product safety very seriously, and we recognize the great responsibility we have to provide you with products that are of the highest quality. Many of our products, are for Ornamental Use Only. However, because quality and product safety are of a primary focus, we often test these products to higher toy safety standards to ensure safety and quality that exceeds the expectations of our consumers. Our products are tested and comply with applicable ASTM (American Society for Testing and Materials), EN71 (European standards), and Canadian Toy safety standards as well as any specific standards applicable where our products are intended to be distributed and sold. Our products also meet or exceed the applicable CPSC (Consumer Product Safety Commission) guidelines. Furthermore, we use independent laboratories to perform our testing evaluations. We believe independent laboratories bring both testing expertise and impartiality to the product evaluation process. Bradykin plush and books are suitable for ages 5 years and up. If you have any questions regarding the product safety, please email me at email@example.com