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Terms of Use

We are proud to represent our safe and secure website to you, but first of all, please, carefully review these Terms of Use before continuing to access or use the website. These Terms of Use apply to all visitors and/or users of, the website. By accessing or using the website you confirm your acceptance of these Terms of Use and your agreement to be bound by them. If you do not agree with and/or accept these Terms of Use, you may not use this website and must immediately discontinue your access and/or use.

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.

OUR PRODUCTS

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.

FURBYSD CONTENT

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.

FURBYSD TRADEMARKS

All trademarks, whether registered, unregistered or under registration, trade names, logos, brand names and product names used, displayed or in any way included on the website (“the FurbySD Trademarks”) are the exclusive property of the FurbySD or of its licensors, if any. These Terms of Use do not entitle you in any way to use the FurbySD Trademarks and we remind you that the use by you of the FurbySD Trademarks in any manner is strictly prohibited.

 

YOUR USE OF THE WEBSITE

You are permitted to use the website and the FurbySD Content for your personal and non-commercial use only and always in compliance with these Terms of Use and with all applicable laws and regulations.

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;

(h) exploit or use the website, any the FurbySD Content, or any service or information made available or offered by or through the website for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of the FurbySD  or others;

(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.

The FurbySD reserves the right to discontinue or suspend your access or use of the website, without notice, if (i) we reasonably deem you have violated the Terms of Use, or (ii) we reasonably deem such a measure necessary for security reasons.

USER’S CONTENT

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.

CHANGES TO THE TERMS OF USE

The FurbySD reserves the right to change, modify, revise, add or remove any part of these Terms of Use by updating this document, at any time and without prior notice to you. Changes to these Terms of Use will be communicated by placing a notice on this website. We thus invite you to check these Terms of Use periodically. If you do not agree with any of such changes, you must immediately cease your access or use of the website. By continuing the use of the website following the posting of changes you accept and agree to the changes.

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