PURPOSES AND FUNCTIONS
We use the website to promote and provide information on the FurbySD products, collections and initiatives and to help you to gather information on the FurbySD company. Specific sections in our website, may contain and make available additional functionalities. For example, users may be required to register and/or open a personal account by inserting their personal information in order to be granted access to reserved areas and content, added to specific mailing lists and/or receive newsletters relating to the FurbySD products and initiatives, participate in marketing initiatives promoted by the FurbySD, create customized lists of favorite products and purchase products online, if applicable, as well as for further purposes. Where opportune, such sections of the website will be regulated by specific terms and conditions of use, duly made available to users. We thus invite you to review such specific terms and conditions of use, if any, on the occasion of your access to specific sections of our website.
Although the FurbySD makes reasonable efforts to ensure that the information available on the website is accurate and up to date, the FurbySD does not make any representation nor give any warranty as to the correctness, completeness, accuracy or currency of any information on the website, including for example product descriptions, indications on prices and/or availability thereof on the website. The circumstance that certain products or services are included on the website does not imply any representation or warranty that these products or services will be available through the website if you wish to purchase such and/or use the same at any particular time. We have made reasonable efforts to display as accurately as possible the appearance, and particularly the colors, of our products included on the website. However, the actual color you see will depend on your computer settings and we cannot guarantee that your computer will accurately display our colors. From time to time, we may modify or remove, either temporarily or permanently, some of the products and/or services, and related features and specifications, that are displayed on or made available through the website, or make changes to the applicable prices for any such product or services, or to the circumstances in which we can modify and/or withdraw the products that we may be selling through the website, without any notice to you. These modifications and deletions will apply immediately and to all future use of, or access to, the website and future purchases of products or services. We will not provide any notice to you of these modifications unless required by law in which case we will provide you with the required notice under applicable law as set out in the General terms and conditions for the sale of the FurbySD products.
All rights, titles and interests in and to the website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the website’s back-end and front-end components, the website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials and any other materials that form in any way part of the website (collectively, “FurbySD Content”) is owned by the FurbySD and/or its licensors, if any. All the FurbySD Content is protected by national intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights.
YOUR USE OF THE WEBSITE
You acknowledge and agree that you may not and may not permit, assist or allow any third party to:
(a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this website or any the FurbySD Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, website;
(b) access or use this website or any the FurbySD Content for any commercial purposes, including any advertising or advertising revenue generating activity on your own or any third party’s web site, platform or other online space or means;
(c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the website or the FurbySD Content or any part thereof, and/or in any way reproducing the structure or appearance of the website or any the FurbySD Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;
(d) access or attempt to access any portion, section or feature of the website, or any other systems or networks connected to the website or any of the FurbySD servers to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;
(e) probe, scan or test the vulnerability of the website or any other computer or network connected to the website;
(f) breach the protection, security or authentication measures on the website;
(g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the website, or any other customer, or carry out any similar activity;
(i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the website, or any systems or networks connected to the website;
(l) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
Any content, file, document, feedback, comment, suggestion, idea, data, information, image, picture and generally any materials that you submit to the website or to the FurbySD with reference to this website or to the use of this website or any part or section thereof (“User’s Content”) shall be deemed non-confidential and non-proprietary. We reserve the right to use such User’s Content on an unrestricted basis, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. You grant the FurbySD the unlimited, explicit, worldwide, royalty-free right to use any ideas, concepts, know-how, or techniques received by the FurbySD as User’s Content, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based on such information, and without the user who submitted, created and/or realized the relevant User’s Content being entitled to receive any compensation. Do not send the FurbySD any content, item or information through the website that you consider to be confidential or proprietary.
THIRD PARTY CONTENT
The website may contain, use or display content created by third parties, information obtained from public sources and/or links to external web sites or web pages operated by third parties (“Third Party Content”). The FurbySD does not control or monitor such Third Party Content and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and cannot and does not guarantee that such Third Party Content will not contain any virus or any other functionalities suitable to damage the users’ data and/or property. Any link or reference to any Third Party Content connected to the website is not and shall not be construed in any way as an endorsement by the FurbySD of the linked or referenced Third Party Content. Access to any Third Party Content is at your own risk and the FurbySD will have no liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of goods or services available on or through any such Third Party Content. In case you access, in any form or manner, and for any purpose, such Third Party Content, the FurbySD invites you to immediately review the terms and conditions regulating the use of the relevant Third Party Content.