Terms & Conditions
This Site is provided by KUMBA Toys LLC. (“KUMBA Toys” and “we” or “us”). Your use of this Site is subject to these Terms of Service (the “TOS”). Please read this TOS and the other information referred or linked to in this TOS carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Site and your permitted use of it. From time to time we may unilaterally modify this TOS, so it is important that you review this TOS every time you use this Site.
PLEASE NOTE: YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS TOS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS TOS, THEN YOU MAY NOT USE THIS SITE.
Right to use the Site
KUMBA Toys grants you a limited, non-exclusive, revocable license for you to use this Site for your personal entertainment, information, education, and communication, upon all of the terms of this TOS. This Site contains materials and other items relating to KUMBA Toys and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Site, you must respect the intellectual property rights of KUMBA Toys and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
All Content is copyrighted, and it is either owned or used with permission by KUMBA Toys. KUMBA Toys disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with KUMBA Toys.
Except as set forth in this TOS or in the text of this Site, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this TOS may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
KUMBA Toys respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Site, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
The trademarks, logos, and service marks displayed on this Site are owned by KUMBA Toys and third parties, and this Site’s trademark is owned by KUMBA Toys (collectively, the “Trademarks”, which also constitute Content). All Trademarks not owned by KUMBA Toys are the property of their respective owners and are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
Communications with KUMBA Toys
KUMBA Toys likes to hear from you. When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This Site offers online capabilities to purchase products (such as toys). You must be 18 years of age or older to make any such purchases. As to products featured on this Site, please note that we make every effort to display as accurately as possible the products and services that appear on this Site. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Site, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this TOS.
No Purchases by Minors
By ordering a product online from KUMBA Toys, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from KUMBA Toys without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from KUMBA Toys.
Shipping and Processing; Insurance
You are also responsible for paying all shipping and processing charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.
Restrictions on your use of the Site
You agree that you will not: (a) use this Site for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Site by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.
Termination; Cooperation with Investigations
KUMBA Toys reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (b) investigate any suspected breaches of this TOS, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this TOS to the full extent of the law, and (e) discontinue this Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
Privacy and Security
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Nevertheless, we cannot guarantee complete security of personal information.
Disclaimers; Limitation of Liability
This Site may include technical inaccuracies or other errors, and your use and browsing of this Site is at your risk. THIS SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KUMBA TOYS DOES NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED ON THIS SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN KUMBA TOYS WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, KUMBA TOYS WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS SITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Links To This Site; Links To and From Third Party Websites
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Site, so long as: (a) the links are only to the home page of this Site, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with KUMBA Toys or cause confusion among consumers, (d) the links and related content on your site do not portray KUMBA Toys or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purpose.
You agree to indemnify, defend, and hold harmless KUMBA Toys and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Site.
Revisions to this Site and this TOS
KUMBA Toys may, in its sole discretion, make changes to any aspect of this Site, including, without limitation, any Content, any activities available on this Site, and any products or services offered through this Site. KUMBA Toys may also, in its sole discretion, revise this TOS by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Site following the effective date of any such changes constitutes your acceptance of those changes.
Operation of Site; Availability of Products
KUMBA Toys controls and operates this Site from its office in Chicago, IL in the United States of America, and KUMBA Toys makes no representation that this Site is appropriate or available for use beyond the United States of America. If you use this Site from other locations, you are responsible for compliance with applicable local laws. Although KUMBA Toys products may be available in many parts of the world, this Site may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
Jurisdiction, Venue, and Alternative Dispute Resolution
Any controversy or claim relating to this Site, the Content, or this TOS not otherwise resolved between you and KUMBA Toys will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), administered in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Chicago, Illinois, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Site, the Content, or this TOS must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by KUMBA Toys relating to your access to, or use of, this Site or any Content in accordance with this paragraph will be instituted in state or federal court in Chicago, Illinois. Accordingly, you consent to the personal jurisdiction of the courts in Chicago, Illinois with respect to all matters relating to your access to or use of this Site and the Content and waive your rights to removal or consent to removal. This TOS will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by KUMBA Toys to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Site, any Content, KUMBA Toys operations, and/or KUMBA Toys products or services caused by your act or failure to act.
If any provision of this TOS is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this TOS and will not affect the validity or enforceability of the remainder of this TOS.