Effective Date: November 26, 2018.
The Internet is a tool, and your involvement in your child’s use of the Internet can make a major difference. We encourage all parents to actively participate in their children’s Internet usage by providing them with guidance to help ensure that they have a safe and rewarding online experience. We encourage parents and children to visit and review the Federal Trade Commission website: www.OnGuardOnline.gov for tips on protecting children’s privacy online. Internet safety should be important to everyone, and we hope you take it as seriously as we do.
B. Registration on our Website
You must be at least the age of Majority (18 in the United States; older in some jurisdictions) to register with us. Please do not provide any of your information to us if you are under the age of 13. We do not knowingly collect or maintain any PII about anyone under age of 13, nor is this information knowingly used by us for any marketing or promotional purposes. Though we intentionally avoid collecting PII from a child, Non PII may be collected from a child (e.g., a child’s list of things she/he “loves”).
If we become aware that you are under the age of Majority and are attempting to or have submitted personal information via the Website, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.
1. What information we collect about you and why;
2. How we use information about you;
3. How your information may be shared;
4. How we store and process information about you;
5. When and how we communicate with you;
6. How long we may keep personal information about you;
7. How you can opt-out from receiving communications from us;
9. Information over the Internet and other websites;
10. Offensive or inappropriate content;
11. Legal disclaimer; and
12. How to contact us.
1. What information we collect about you and why:
We may collect two types of information: personally identifiable information (“PII”) and information that is not personally identifiable (“Non PII”).
A. What PII Do We Collect?
• When you register with us, we ask for information such as your name, email address, postal address, contact details or notes of interest related to our Website. E-mail addresses will only be accepted from people who are of sufficient age to submit this information. For more information about parental involvement, please see Section A above titled, “Children.”
• We may capture user information when users send us questions or comments via e-mail. Information collected in this manner will only be used to contact the user and/or respond to the user’s inquiry/issue. Sending us an e-mail will not enroll you on our e-mail list unless you specifically request it.
• For purchases made on the Website, a third-party payment processor may collect your name, email address, postal address, contact details and credit card information. By making a purchase, you agree that these third-parties may access and use your PII. You also agree that the access and use of your PII is governed by their privacy policies. We are not responsible or liable for the content, activities or privacy policies of any third-party website. Accordingly, please refer to their respective privacy policies (see further below under “How we use information about you” and “How we store and process information about you”).
• For credit card transactions, Battat adds security by using Secure Sockets Layer (SSL) technology. This means that the credit card information you send is encrypted by your computer, and then decrypted again on our side, preventing others from accessing your private information in between.
• At certain points where personal information is collected on our Website, there may be a box where you may indicate you would like to be on a mailing list to receive information about other Battat products and services and about ways to support Battat. This election box only appears in places where the department collecting personal information maintains such lists. At any time you can add or remove your name from a Battat list by contacting us at OGDolls@battatco.com.
• We may capture certain information automatically on our Website, including the user’s Internet protocol address, mobile device identification number, browser type, page access history, linking information, click stream data, page visits, page views, and/or website log files.
• We may also obtain your personal information through your use of social media such as Facebook, Twitter, YouTube or Flickr, depending on your settings or the privacy policies of these social media services. To change your settings on these services, please refer to their respective privacy notices.
B. What Non PII Do We Collect?
For some of our online activities – such as polls, surveys, games or contests – We may ask users to provide information that is not personally identifiable, such as a first name (without a last name), a country of residence or a user’s favorite things. In addition, we may offer blogs or other features in which you may provide us with user-generated submissions (such as our “Wall of Hearts”). Collectively, the ways in which we collect Non PII are referred to as “Public Features.” Although we take measures to guard against users communicating personal information through the Public Features, such disclosure may occur depending upon how our users make use of the Public Features. If you use a Public Feature on this Website, and disclose PII, you should be aware that such information could be read, collected or used by other users. We are not responsible for the personally identifiable information you choose to submit in these Public Features.
2. How we use information about you:
A. We may use the PII we collect in the following ways:
• to contact users with updates and relevant information about our products and services because they have signed up to do so through subscribing to OG Mail. If you would no longer like to receive promotional e-mails or other communications from us, please refer to the “How you can opt-out from receiving communications from us” Section below;
• to provide users with personalized offers, promotions, news, events and other information relevant to them because they have signed up to do so through subscribing to OG Mail;
• to quickly process user requests for information and to allow us to respond efficiently to user questions;
• to monitor Website statistics;
• to respond to or satisfy legal requirements, such as a court order, a subpoena, or a law enforcement agency’s or other public agency’s (including schools or children services) request;
• to help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Website, to help protect the security or integrity of our Website, or to enable us to take precautions against liability;
• to provide information to service providers or such companies who provide support for the operations of our Website and who do not use or disclose the information for any other purpose;
• to administer a contest, promotion, survey, or other feature; and
• to allow us to disclose your information to the extent permitted by law, as described more fully below.
B. We may use Non PII in any of the ways identified above, as well as a variety of commercial and non-commercial ways in which we would never use PII.
For example, one Public Feature is our Wall of Hearts. Because Our Generation embodies the spirit, vision and aspirations of this generation of girls, we have created the Wall of Hearts to collect and share hearts that are created by the very same girls. Each heart is as unique and beautiful as the girl who creates it. If you create a heart on the Website, you are using a Public Feature. That means that the heart may be shared with others in ways that PII is not.
We may, for example, use the heart on our packages and the Website, or share the heart through one of our social media portals (including, but not limited to, Facebook, Twitter, YouTube and Flickr). It may be used in screensavers, contests, promotions and other promotional activities. In other words, if you don’t want to give your heart to the world, please don’t submit it. In any case, the person who created the heart will only be identified by first name and what they love. No heart can be submitted for any use other than on our Website without additional consent of the user (or the user’s parent or legal guardian, if applicable).
Rest assured that as much as we enjoy sharing our dolls, their stories and the occasional cup of imaginary tea, we are very, very against sharing personal information without consent. If you give us your email address to get information from Our Generation about Our Generation, then that is exactly what you will get. We will not share your email address with anyone. Pinky swear.
3. How your information may be shared:
Except as set forth below, we do not sell, trade, or otherwise transfer to third parties our users’ PII unless we receive their consent. That being said, in the following situations, we may share PII with outside parties:
• Subsidiaries and Affiliates. We may transfer personally identifiable information to our subsidiaries and corporate affiliates;
• Website Consultants and Service Providers. We may disclose personal information to third party consultants and service providers (such as providers of hosting, support, maintenance; third party payment processing agencies; and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases, to service us and the Website;
• Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity;
• To Help Protect Minor Users of Our Website. In the event that the safety of our users is threatened, and we are able to do something about that by sharing PII with third parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Website, to help protect the security or integrity of our Website, or to enable us to take precautions against liability;
• As Otherwise Allowed by Law. We may transfer personal information to third parties where we are expressly authorized by applicable law to do so;
• Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third parties;
• We may make available services such as blogs, message boards and chat functionality to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Website becomes public information, and may be available to visitors to the Website and to the general public. In addition, when you choose to make a posting on such services certain personal information will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose personal information about you, or any other information, on the Website. WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE WEBSITE; and
• With your express consent.
4. How we store and process information about you:
In order to communicate with you about local events, offers and opportunities and other news, the information that we collect from you may be transferred to, stored, used and processed by Battat or one of our service providers based in the United States, Canada or in other jurisdictions. Such entities may be engaged in, among other things: (i) preparing and sending newsletters to which you subscribe; (ii) the processing of payment details; and (iii) the provision of support services.
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
5. When and how we communicate with you:
We may use the information we collect to contact you by mail, email and telephone (including automated calls, and by SMS text messages and other multimedia electronic messages such as picture messaging).
We will not send you unsolicited premium rate SMS messages (which are SMS messages you pay to receive), although your service provider may impose a charge on any messages that you receive. Please check with your service provider for details.
You can unsubscribe from promotional emails and other commercial communications by following the instructions contained within the communication. Please note that due to marketing production schedules you may receive any messages already in production.
6. How long we will hold personal information about you
We will hold personal information about you on our systems for as long as is necessary for the relevant service, or as long as is set out in any relevant contract you hold with Battat, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration as a member of the Website once an account is deleted, people cannot use the personal information about you other than for administrative purposes, but it stays on the system for a period of one year for administration purposes before being deleted.
Where you contribute to the Website, we will generally only keep your content for as long as is reasonably required for the purpose(s) for which it was submitted.
7. How you can opt-out from receiving communications from us:
At any time you can add or remove your name from a Battat list by contacting us at OGDolls@battatco.com.
We will endeavor to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from this Website, we will continue to send you transactional messages and important account-related information regarding this Website or products or services offered through this Website.
9. Information over the Internet and other websites
The Internet is a global network and, therefore, there are times when information about you travels globally and may not always be completely secure. If you provide us with information over the Internet, this will be at your own risk. By using the Website, you agree and authorize us to process information in this way. However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorized access to information about you.
10. Offensive or inappropriate content
If you post or send offensive, inappropriate or objectionable content anywhere on or to the Website, or otherwise engage in any disruptive behavior on the Website, we may use the personal information we hold about you to stop such behavior. Where we reasonably believe that you are or may be in breach of any applicable laws (for example, but without limitation, content you have posted may be defamatory), we may use the personal information we hold to inform relevant third parties such as your email/Internet provider or law enforcement agencies about the content and your behavior.
11. Legal disclaimer
We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your personal information.
Notice to California Residents – Your California Privacy Rights:
A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes.
If you are a California resident and would like to make such a request, please submit your request in writing to:
c/o Battat Incorporated
1560 Military Turnpike
Plattsburgh, NY 12901
Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.
12. How to contact us
We welcome your questions, comments and concerns about privacy. Please contact us at OGDolls@battatco.com with any questions or comments you may have regarding the privacy of your information.
Thank you for visiting us! Now let’s play!
Copyright © 2018 Battat Incorporated. All rights reserved.
Effective Date: November 26, 2018.
While there are no limits to what our generation of girls can achieve, there are some boundaries we believe everyone should respect.
A. Age Requirement. You must be 18 years of age or older to become a member of the Website. While individuals under the age of 18 may utilize the Website, they must do so only with the involvement of a parent or legal guardian, under such persons account and otherwise subject to these Terms. In accordance with the terms of the Children’s Online Privacy Protection Rule (“COPPA”), Company does not seek through this Website to gather personal information from or about persons under the age of 13. For more information about COPPA, please visit: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.
C. Modification of the Terms. Battat reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Effective Date” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check these Terms periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
D. Website Access, Linking. Battat grants you permission to use the Battat Website as set forth in these Terms, provided that and for so long as (i) you use the Website solely for your personal, non-commercial use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Website in any medium without Battat’s prior written authorization; (iii) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; (iv) you do not engage in any of the prohibited uses described in Section IV below; and (v) you otherwise fully comply with these Terms. The Website is offered by Battat from its facilities in the United States. Battat makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Battat Website from other jurisdictions, you do so at your risk, and you are responsible for compliance with local laws.
II. Ownership; Proprietary Rights.
A. General. This Website contains materials and other items relating to Battat, its products and services, and similar items from our partners, friends and other third parties. These materials may be in the form of any or all of the following : (i) information, text, data, images, graphics, illustrations, photographs, audio clips, music, sounds, pictures, videos, information, files, scripts, designs, button icons, instructions, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website, and the compilation, assembly, and arrangement of the materials of the Website, and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Battat; and (iii) other forms of intellectual property (“Battat Materials”). The Battat Materials are owned and/or licensed by Battat and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Battat Materials do not include Non-Battat Content (as defined below). Except as expressly authorized by Battat, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Website or the Battat Materials. Battat reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Battat Materials, except for the limited rights expressly set forth in these Terms.
B. Apps and Other Downloadable Software. If any of the Battat Materials that we make available to you is software capable of being downloaded, then the software and all files, images and data relating to the software will be licensed to you by us. This license is a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Upon receiving notice of revocation, you must destroy all copies of the software in your possession and/or residing on systems under your control. You do not own the downloaded software, and we do not transfer ownership of the software to you. We retain full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Software that is downloaded from the Website is subject to U.S. export control laws. If you download software from the Website, you represent and warrant to us that you are not acting in violation of those laws.
III. Content You Submit
A. General. The Website may now or in the future permit you and other Users to post or link media, text, audio and video recordings, photos, graphics, commentary or other information or content (“User-Generated Content”), and to host and/or share such User-Generated Content. Battat may do this through blogs, Internet-based creation tools, social networking environments, email, and other forms of communications and/or interactive functionality. User-Generated Content is controlled by Battat. Battat makes no representations that your User-Generated Content will remain available via the Website in any way. We may remove your User-Generated Content at our sole discretion. YOU UNDERSTAND THAT ANY USER-GENERATED CONTENT THAT YOU POST FOR VIEWING ON THE WEBSITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE WEBSITE, AND BATTAT DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER-GENERATED CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER-GENERATED CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
If you are a minor, you must have your parent/legal guardian’s permission to submit User-Generated Content. We reserve the right to request at any time proof of the permissions referred to in this Section III in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Website.
B. Grant of Rights. By submitting User-Generated Content to Battat, you hereby grant Battat a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User-Generated Content in connection with the Website and Battat’s (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant Battat, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User-Generated Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User-Generated Content. You also hereby grant to each User of the Website a non-exclusive license to access your User-Generated Content through the Website, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User-Generated Content as permitted by the functionality of the Website and these Terms. The above licenses granted by you in User-Generated Content you submit to the Website shall be perpetual and irrevocable, except that with respect to any User-Generated Content that you have removed or deleted while maintaining your Website user account, or any User-Generated Content following any deactivation or deletion of your Website user account, you may specifically notify Battat regarding the termination of the foregoing license from you to Battat, specifically identifying the item(s) of User-Generated Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to Battat. You understand and agree, however, that even following such termination, Battat may retain, but not display or perform, server copies of such User-Generated Content. Notwithstanding anything to the contrary herein, the above licenses granted by you in user comments you submit are perpetual and irrevocable.
C. Your Representations and Warranties Regarding User-Generated Content. You shall be solely responsible for your own User-Generated Content and the consequences of posting such User-Generated Content. In connection with User-Generated Content, you affirm, represent, and/or warrant that: (i) you are at least the age of majority, or you are the parent/legal guardian of a minor who has created certain User-Generated Content that you wish to submit to the Website; (ii) your User-Generated Content is not confidential or secret; (iii) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Battat to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User-Generated Content to enable inclusion and use of User-Generated Content in the manner contemplated by Battat and these Terms, and to grant the rights and license set forth in this Section, and (iv) your User-Generated Content, Battat’s use of such User-Generated Content pursuant to these Terms, and Battat’s exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation, (iv) you have no expectation of compensation or confidentiality of any nature with respect to your User-Generated Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your User-Generated Content; and (v) you shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Website, your User-Generated Content or its posting on, or submission to, the Website, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any mater subject to indemnification by you.
D. Prohibited Uses of User-Generated Content. Except as otherwise permitted by these Terms, in connection with your User-Generated Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Website: (i) any falsehoods or misrepresentations that could damage Battat or any third party; (iii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) advertisements or solicitations of business, products, or services; or (v) any material that would be harmful to minors in any manner.
E. No Responsibility for User-Generated Content. With the exception of the limited license granted above, we do not obtain or control any rights in and do not exert editorial control over User-Generated Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User-Generated Content. You acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content.
F. Non-Battat Content Disclaimer. You understand that when using the Website you will be exposed to User-Generated Content, advertising and other third party content (together, the “Non-Battat Content”) from a variety of sources and that you may be exposed to Non-Battat Content that is inaccurate, offensive, indecent, or otherwise objectionable. Battat does not endorse any Non-Battat Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Battat be liable in any way for or in connection with the Non-Battat Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Battat Content, any intellectual property infringement or misappropriation with regard to any Non-Battat Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Battat Content posted, emailed or otherwise displayed or transmitted through the Website.
G. Non-Monitoring of Users and Non-Battat Content. You understand that you, and not Battat, are entirely responsible for all User-Generated Content that you upload, post, e-mail, transmit or otherwise make available through the Website. Battat does not control Non-Battat Content posted by Users or otherwise made available by other persons or entities and does not have any obligation to monitor such Non-Battat Content for any purpose. If at any time Battat chooses, in its sole discretion, to monitor the Non-Battat Content, Battat nonetheless assumes no responsibility for the Non-Battat Content, no obligation to modify or remove any inappropriate Non-Battat Content, no obligation to continue to monitor the Non-Battat Content and no responsibility for the conduct of the User or other person or entity submitting any such Non-Battat Content. You agree that you must evaluate, and bear all risks associated with the use of any User-Generated Content or other Non-Battat Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such User-Generated Content or other Non-Battat Content.
H. Removal of Non-Battat Content. Battat and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-Battat Content that is available on the Website in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
I. Unsolicited Ideas and Materials Prohibited. Battat does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, or designs for toys, games, dolls, videogames, books, scripts, screenplays, motion pictures, television shows, theatrical productions, music productions, or webisodes (collectively, “Unsolicited Ideas and Materials”). Therefore, you must not send to Battat (even within any of your User-Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Website are deemed User-Generated Content and licensed to us as set forth above. If you send us any of your Unsolicited Ideas and Materials despite our request that you not do so, it’s likely they’re identical or substantially similar to ideas, concepts, and materials that, in the past, were developed by our staff or submitted to us by others. Likewise, in the future we may, without any reference to any of your Unsolicited Ideas and Materials, develop or receive from others ideas, concepts, and materials that are identical or substantially similar to your Unsolicited Ideas and Materials. Battat’s receipt of your Unsolicited Ideas and Materials is not an admission by Battat of their novelty, priority, or originality, and it does not impair Battat’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
IV. Community Usage Rules
As a user of the Website, these Community Rules (“Community Rules”) are here to help you understand the conduct that is expected of members of the Website. Your use of the Website, and your submission of User-Generated Content, is subject to the following Community Rules:
A. Any use by you of any of the Battat Materials and Website other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Website, use of the Website, access to the Website, or Non-Battat Content obtained through the Website, for any purpose other than for your personal use;
B. Except as expressly provided in these Terms, you agree not to create derivative works of the Website content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of Battat and any applicable licensors;
C. You agree not to use the Website if you do not meet the eligibility requirements described in the Section I(A) above;
D. You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
E. You agree not to intentionally interfere with or damage, impair or disable the operation of the Website or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Website with the intended result of denying service to other Users;
F. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Website, features that prevent or restrict the use or copying of any part of the Website, or features that enforce limitations on the use of the Website;
G. You agree not to attempt to gain unauthorized access to the Website or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Website or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
H. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form (other than contributing User-Generated Content as enabled by the Website’s functionality and in accordance with these Terms), nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website or for the removal of any proprietary notices or labels on the Website;
I. You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website;
J. You agree not to utilize framing techniques to enclose any trademark, logo or other Battat Materials without our express prior written consent. You agree not to use any Meta tags or any other “hidden text” utilizing Battat’s name or trademarks without Battat’s express prior written consent;
K. You agree not to use any Battat logos, graphics, or trademarks as part of the link without our express prior written consent;
L. You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Website to any third party;
M. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website or to insert your own or a third party’s advertising, branding or other promotional content on the Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
N. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
O. You agree not to use the Website in any manner that could interrupt, damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers;
P. You agree not to modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Q. You agree not impersonate or share personal information, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
R. You agree not to use the Website to “stalk” or otherwise harass or harm another in any way; and
S. You agree not to post, transmit or otherwise disseminate through the Website any User-Generated Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
Unauthorized or prohibited use of the Website or the Battat Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
Privacy Is Important. Please remember that the Website is a public forum and User-Generated Content that you submit on the Website may be accessible and viewable by other users. Do not submit personally identifiable information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) through User-Generated Content and take care when disclosing this type of information to others (whether on the Website or in any other fashion).
V. Account Information, Password and Purchases
B. Password. If you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Battat. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, BATTAT OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
C. Purchases. We may offer products and services for sale on the Website such as dolls, including but not limited to, regular, deluxe, retro and specialty dolls, doll outfits and doll accessories. Please carefully read all pricing terms available in the areas of the Website that allow you to make purchases. Your use of the Website includes the ability to enter into agreements and/or make transactions electronically. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. Battat is not responsible for typographic errors. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through the Website at any time. All currency references will be noted. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, your account may be closed without warning or notice at our sole discretion. EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
VI. Links and Third Party Websites/ Store Locator
A. Linking to the Website. You agree that if you include a link from any other website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted on the Website to be displayed on another website. You agree not to download or use images hosted on the Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time.
B. Reference Websites. Battat, Users and other third parties may provide links on the Website to other sites, including the content therein (“Reference Websites”). Battat has no control over such Reference Websites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Websites or other content linked to by the Website. Battat provides links to you only as a convenience, and the inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked Reference Website or other content or any information therein. If you choose to correspond or engage in transactions with any other person, organization or business found on or through the Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your User-Generated Content, and/or the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on the Website. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Website. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Websites.
C. Purchases on Third Party Websites. In addition to purchases on the Website, the Website may permit you to make purchases of products or services through third party websites. The terms associated with your transactions for these services and/or products are subject to the terms and conditions and privacy policies of the third party websites. If you have problems or questions regarding a transaction with a third party website, please contact the third party website directly.
D. Dealings with Advertisers and other Users. Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the Website are solely between you and such advertiser or User. YOU AGREE THAT BATTAT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE WEBSITE.
E. Store Locator. To the best of our ability we maintain information on retailers who carry our products. Most or all of this information is provided by our retailers, who are responsible for its accuracy. In all cases we recommend that you contact the retailer directly to inquire about the availability of specific products.
VII. Other Tools
A. Service Availability. Battat may make changes to or discontinue any of the media, web communities, products, or services available on the Website at any time, and without notice. The media, products, or services on the Website may be out of date, and Battat makes no commitment to update these materials on the Website.
B. Feedback. You agree that with respect to any feedback, analysis, suggestions and comments to Battat provided by you (collectively, “Feedback”), IN CONSIDERATION OF BATTAT PROVIDING ACCESS TO THE WEBSITE FREE OF CHARGE, USER HEREBY GRANTS TO BATTAT THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing grant to Battat and that any Feedback which is provided by User to Battat does not infringe any third-party intellectual property rights. Notwithstanding the foregoing, Battat grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
You agree that Battat, in its sole discretion, may terminate any account (or any part thereof) you may have through the Website or your use of the Website, and remove and discard all or any part of your account or any User-Generated Content. You agree that your access to the Website or any account you may have or portion thereof may be terminated without prior notice, and you agree that Battat shall not be liable to you or any third-party for any such termination. Battat reserves the right to modify, suspend or discontinue the Website and/or access to it at any time and without notice to you, and Battat will not be liable to you should it exercise such rights, even if your use of the Website is impacted by the change. These remedies are in addition to any other remedies Battat may have at law or in equity.
IX. Indemnification; Liability Limitations; Waiver of Injunctive or Equitable Relief
A. INDEMNIFICATION; HOLD HARMLESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BATTAT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE WEBSITE; (II) YOUR USER CONTENT, INCLUDING BATTAT’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY BATTAT. BATTAT RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF BATTAT. BATTAT WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
B. ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION IX, THE TERM BATTAT INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.
C. NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BATTAT DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BATTAT OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
D. “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, BATTAT MATERIALS, USER CONTENT, NON-BATTAT CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
E. WEBSITE OPERATION AND NON-BATTAT CONTENT. BATTAT DOES NOT WARRANT THAT THE BATTAT MATERIALS, USER CONTENT, NON-BATTAT CONTENT, WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
F. ACCURACY. BATTAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
G. HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.
H. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BATTAT OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE BATTAT MATERIALS AND USER CONTENT ON THE WEBSITE OR ANY REFERENCE SITES, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH BATTAT, EVEN IF BATTAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
I. LIMITATION OF DAMAGES. IN NO EVENT SHALL BATTAT OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE LESSOR OF ONE HUNDRED DOLLARS (USD $100) OR ONE-HALF OF THE ANNUAL FEES PAID BY YOU TO BATTAT (IF APPLICABLE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.
J. THIRD PARTY PRODUCTS AND SERVICES. SOME USERS MAY USE THE WEBSITE TO MARKET PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN BATTAT AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION ANY REFERENCE SITES.
K. LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
L. BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT BATTAT HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BATTAT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BATTAT. YOU ACKNOWLEDGE AND AGREE THAT BATTAT WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
A. Notice. Battat may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Website. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Battat is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Battat with notices only by mail to the address indicated in subsection K below.
B. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
D. Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
E. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Battat to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
F. Severability. If any provision of these Terms and Use is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Use and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Use (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms and Use, the word will be deemed to mean “including, without limitation.”
G. Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Battat without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
H. No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Battat as a result of these Terms or use of the Website. You further acknowledge that by submitting User-Generated Content or other Non-Battat Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Battat other than pursuant to these Terms.
I. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
J. Entire Agreement. This is the entire agreement between you and Battat relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with Battat. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Battat as set forth in Section I(C) above. All rights not expressly granted in these Terms are reserved to us.
K. Disclosures. The services hereunder are offered by Battat Incorporated located at:
1560 Military Turnpike
Plattsburgh, NY 12901
L. Concerns. Please direct any concerns of violations of these Terms to OGDolls@battatco.com. Questions or complaints concerning third party content should be addressed to the applicable content provider.
Still reading? Wow, we won’t be surprised if you become a lawyer when you’re older or someone who is responsible for writing Internet legal copy. But whatever you set your mind to, we’re sure you’ll achieve it. Speaking of which, we thank you for setting your sights on our Website.
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