brandlogos

 

 

Terms And Conditions of Use

Last Updated: November 3, 2016

This Web site is owned and operated by ME, LLC, a California corporation which does business as MEG ("this Web site" or "this Site").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MEG. BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEB SITE.

If you are under the age of 18, please discuss your use of this Web site and our Terms of Use with your parent or guardian.


PRIVACY

By using this Web site, you consent to the terms of MEG's Privacy Policy, which you understand may be modified from time to time. The Privacy Policy, found at www.megtoys.com/legal/privacy, is incorporated into these Terms of Use by reference. You consent to MEG's use of cookies and similar devices as further described in the Privacy Policy and for the purposes set forth in the Privacy Policy. You further understand and agree that, to the extent that information is collected about you, it will be stored on servers in the United States.


OWNERSHIP OF INTELLECTUAL PROPERTY

You should assume that everything you see or read on this Web site, receive through related services, or download from our servers, is protected by copyright and other applicable laws unless otherwise stated and may only be used according to these Terms of Use. Puppy In My Pocket®, Kitty In My Pocket®, Monster In My Pocket®, Jungle In My Pocket,® Baby In My Pocket®, Pony In My Pocket®, Ocean In My Pocket®, Forest In My Pocket®, Farm In My Pocket®, Snow Pets In My Pocket®, Rainforest In My Pocket®, Zoo In My Pocket®, Woodlands In My Pocket®, Fairy In My Pocket®, Princess In My Pocket®, Pocketville®, Stink Blasters®, Scent Stars®, Perfumistas® and D-D-D-Dudes™ and all character names and likenesses and all site design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks and trade names (the "Material") are the property of MEG and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. The use of the Materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.

MEG hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of MEG. Use of the Material is only permitted with MEG's express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.


PRODUCT CONCEPTS / UNSOLICITED SUBMISSIONS / FAN FEEDBACK

MEG does not accept unsolicited ideas, concepts, proposals or other submissions with respect to its existing or any new products. By submitting any ideas, concepts, proposals or other submissions with respect to MEG’s existing products or any new product, even if done in response to a request for feedback on a product from fans, you automatically grant (or warrant that the owner of such rights has expressly granted) to MEG a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your submission or incorporate your submission into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in your submission have been waived and that MEG has the unrestricted right to modify, edit, alter and change your submission without your or any other person’s consent. There is no contract, implied or otherwise, that MEG will compensate you for the use of your submission and, pursuant to the foregoing, MEG will not compensate you for any such use.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MEG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEG, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THIS WEB SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEB SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MEG, YOU OR ANY THIRD PARTY AND REGARDLESS OF WHETHER MEG IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL MEG HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

LINKS TO THIRD PARTY SITES AND “LIKING”

This Web site may contain links to other web sites operated by third parties, including buttons which allow you to like or dislike a particular image, site or feature. The linked sites are not under the control of MEG, and MEG is not responsible for the content available on any other web sites linked to this Web site. Such links do not imply MEG's endorsement of material on any other web site and MEG disclaims all liability with regard to your access to such linked web sites. MEG provides links to other web sites as a convenience to users and access to any other web sites linked to this Web site is at your own risk and is subject to that web site’s terms of use and privacy policy.

EMAILS

You agree that these Terms of Use, including but not limited to the Disclaimers and Limitations of Liability, apply to all emails and other electronic communications which you receive from MEG as though such email or other electronic communication and all of its content were a page of this Web site.

SECURITY OF INFORMATION

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 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 the unauthorized use and/or disclosure of your personal information.

ADS AND MALWARE

We take great care and pride in creating this Web site. We are always on the lookout for technical glitches that affect how the Web site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Web site and that is beyond our control. If you experience any unusual behavior, content or ads on the Web site, it may be the result of Malware on your computer. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Web site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Web site and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system.

DENIAL OF ACCESS

MEG, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Web site. The sending of an email notice by MEG to any email address associated with the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Web site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Web site, without MEG having to post any bond or surety therefor.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, MEG, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. MEG reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with MEG in asserting any available defenses.

MODIFICATION OF TERMS

MEG may at any time revise these Terms of Use by updating the same at this Web site without prior notice. Your continued use of this Web site after such changes are posted will constitute your acceptance of such changes.

MISCELLANEOUS

MEG operates and controls this Site from its offices at 111 Penn Street in El Segundo, CA 90245, United States of America. This Site is intended for residents of the United States only. If you use this Web site from other locations you are responsible for compliance with local laws and regulations. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the County of Los Angeles.