|
Introduction
This Web Site is provided to you under these "Terms of Use" and any amendments or supplements to them that may be posted by Snigglezoo Entertainment ("Snigglezoo") from time to time (collectively referred to as this "Agreement"). Your use of this Web Site shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the Web Site or order any items from it.
Ownership
This Web site ("Web Site") is owned by Snigglezoo Entertainment ("Snigglezoo"). All right to, title to, and interest in the content displayed on the Web Site, including but not limited to the Web Site's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Snigglezoo or its respective partners, agents, or third parties.
Modifications to the Agreement
Snigglezoo may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the Web Site. Your continued use of the Web Site or placement of orders following the posting of changes constitutes your acceptance of any such changes.
Web Site Intended Audience
This Web Site is intended for and directed to adults in the United States & Canada only. This Web Site is not intended for any children under the age of 13, except to use the Kids section and to watch the videos. No information of any kind is currently collected for children under the age of 13. If our policies change, The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our Web sites.
Privacy
The information that we obtain through your use of the Web Site, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Web Site or order any items from it.
Electronic Communications
The information communicated on the Web Site constitutes an electronic communication. When you communicate with us through the Web Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Compliance With Laws
You agree to comply with all applicable local laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Protection of Intellectual Rights and License
You acknowledge that content available through the Web Site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Snigglezoo herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including, without limitation, any software) available through the Web Site.
You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Web Site for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other Web sites, regardless of whether you receive compensation, without the prior written permission of Snigglezoo. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of Snigglezoo. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Snigglezoo's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
User Content and Correspondence
Snigglezoo reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. You understand that the technical processing and transmission of the Web Site may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.
Any comments, materials, or letters sent by you to Snigglezoo regarding the Web Site, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Received Materials") shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. Snigglezoo will have no obligation of any kind with respect to Received Materials that you do not restrict and Snigglezoo will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. Furthermore, Snigglezoo is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Snigglezoo, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
Purchasing Items on Snigglezoo
Product Descriptions
Snigglezoo attempts to describe the items available on the Web Site as accurately as possible. Snigglezoo does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product described on the Web Site is not as described when you receive it, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Return Policy, which is described below.
Order Acceptance and Shipment
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly place them in line for shipment. If, for some reason, we determine that we cannot ship your product within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action.
Return Policy
Within thirty (30) days following your receipt of items purchased from Snigglezoo, you may return the items to Snigglezoo, for any reason, for a full refund, so long as they are returned in the original packaging with full contents and in the condition in which it was sent. We will process your return promptly and will remit your refund in the same form of payment originally used for purchase within thirty (30) business days of our receiving your return. If your return is not due to our error, we will deduct the shipping costs from your refund.
Other Web Sites
Links to other web sites, or third parties on the Web Site, may provide links to other sites and/or resources, over which Snigglezoo has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Snigglezoo of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. Snigglezoo makes no representations or warranties with respect to the Content, ownership, or legality of any such linked Web sites. You agree that Snigglezoo has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.
Linking to Snigglezoo
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Snigglezoo so long as the link does not portray Snigglezoo, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any Snigglezoo logo or graphic or trademark as part of the link without the express written permission of Snigglezoo.
Information Disclaimer
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEB SITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NOT FINANCIAL ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR FINANCIAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED FINANCIAL SERVICES PROVIDER OR ACCOUNTANT FAMILIAR WITH YOUR UNIQUE FACTS. SNIGGLEZOO NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING FINANCIAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE. SNIGGLEZOO AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE SNIGGLEZOO STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, SNIGGLEZOO AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
Disclaimer of Warranties With Respect to Use of Web Site
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SNIGGLEZOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
SNIGGLEZOO DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SNIGGLEZOO MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNIGGLEZOO OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SNIGGLEZOO BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SNIGGLEZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Idemnification
You agree to indemnify and hold harmless Snigglezoo, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.
Trademark Notices
Snigglezoo is a trademark of Snigglezoo Entertainment. The Snigglezoo logo and design, TheMoneyMammals.com, and other marks are trademarks or servicemarks of Snigglezoo Entertainment. All other trademarks and servicemarks are the property of their respective owners. You may not use or display any trademarks or service marks owned by Snigglezoo without our prior written consent. You may not use or display any other trademarks or service marks displayed on this site without the permission of their owners.
Modification or Suspension of the Web Site
You agree that Snigglezoo may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Snigglezoo will not be liable for the consequences of doing so.
Termination
You agree that Snigglezoo may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that Snigglezoo, in its sole discretion, deems appropriate. You further agree that Snigglezoo will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Limitations of Actions Brought Against Snigglezoo
You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Applicable Law
The Agreement and the resolution of any dispute related to the Agreement, the Web Site, or items you purchase through the Web Site shall be governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Snigglezoo and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York or County of New York and you agree to submit to the personal and exclusive jurisdiction of such courts.
Contact Information
If you have any questions or concerns with respect to the Agreement or the Web Site you may contact a representative of Snigglezoo by e-mail at info@snigglezoo.com
|
