TERMS
AND CONDITIONS
PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE
CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND
CONDITIONS. IF YOU DO NOT ACCEPT THESE
TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Welcome to TheSillyWagon.com
(the “Website”). The Website is owned
and operated by International Children Apparel Online LLC, its affiliates,
agents and/or licensors (collectively, “we”, “us”, “our” or “ICAO”). You understand that your use of the Website
constitutes your consent to, and agreement to, abide by the most current
version of these terms and conditions (these “Terms”). We may at any time, and from time to time, revise
these terms and conditions by updating these Terms. You agree to be bound by subsequent revisions
to these Terms and agree to review these Terms periodically for changes to these
Terms. The most up to date version of
these Terms will be available for your review under the “Terms of Use” link
that appears at the bottom of this Website.
1.
GRANT OF LICENSE. We grant you a single, non-exclusive, limited
personal license to access and use this Website. This license is conditioned on your continued
compliance with the terms and conditions in these Terms. You may not transfer
or share your right to access or use of the Website without our prior written
consent, which may be granted or withheld in our sole discretion.
2.
ACCESSING THE WEBSITE. You hereby agree to only use web browsers, or
other applications approved by us in writing, which approval may be granted or
withheld in our sole and absolute discretion.
You further agree not to use any software, program, application or any
other device to access or log on to our computer systems, this Website or
proprietary software or to automate the process of obtaining, downloading,
transferring or transmitting any content, information or quotes to or from our computer
systems, Website and/or proprietary software.
You agree that you will not: (a) use or cause to be used any
robot, spider, other automatic device or manual process to monitor or copy our
web pages or the content contained in the Website without our prior written consent,
which consent may be granted or withheld in our sole and absolute discretion;
(b) use or cause to be used any device, software or routine to interfere or
attempt to interfere with the proper working order of the Website or any
transaction being conducted; (c) take any action that imposes an unreasonable
or disproportionately large load on our infrastructure; or (d) reverse
engineer, reverse assemble or otherwise attempt to discover any of our source and/or
object code.
You agree that you will not copy, reproduce, alter, modify,
create derivative works, or publicly display any content from the Website
without our prior written consent, which consent may be granted or withheld in
our sole and absolute discretion. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including, without limitation, images, text, page layout, or form) of ICAO and
our affiliates without our prior written consent, which consent may be granted
or withheld in our sole and absolute discretion. You may not use TheSillyWagon.com
or ICAO's name, trademarks, service marks, logos, designs, slogans or any other
words or codes identifying ICAO and/or TheSillyWagon.com in any meta tags,
“hidden text”, information used by search engines or other information tools to
identify and select sites without our written consent, which consent may be
granted or withheld in our sole and absolute discretion.
You are prohibited from posting or transmitting any unlawful,
threatening, defamatory, libelous, obscene, pornographic or profane material or
any material that could constitute or encourage conduct that would be
considered a criminal offense or give rise to civil liability, or otherwise
violate any law. In addition to any
remedies that we may have at law or in equity, if we determine, in our sole
discretion, that you have violated or are likely to violate the foregoing
prohibitions, we may take any action we deem necessary to cure or prevent the
violation, including without limitation, the immediate removal of the related
materials from the Website.
3.
INFORMATION AND PRODUCT
DESCRIPTIONS. All features, content,
specifications, products, prices of products and services, certain data, news,
research, statistics, stories, photographs and opinions or other information
(collectively “Information”) described or depicted on the Website are subject
to change at any time, and from time to time, without notice. Certain weights, measures and similar
descriptions are approximate and are provided for u your convenience only. We do not guarantee or certify the accuracy,
completeness, timeliness or correctness of the Information made available
through the Website or otherwise in any communication from us. While we make all reasonable efforts to
accurately display the attributes of our products, including the applicable
colors, the actual color you see will depend on your computer system, and we
cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on
the Website at a particular time does not imply or warrant that these products
or services will be available at any time, if at all. It is your responsibility to ascertain and
obey all applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and sale of any item
purchased from the Website. YOU
ARE NOT PERMITTED TO USE THE WEBSITE IF YOU ARE 13 YEARS OF AGE OR YOUNGER.
By placing an order through the Website, you represent,
warrant and covenant that the products ordered will be used only in a lawful
manner and for their intended purpose. All
videocassettes, DVDs and similar products sold are for private, home use (where
no admission fee is charged), non-public performance and may not be duplicated
or reproduced. You agree that we are not
and shall not be liable in any way for the accuracy, completeness, timeliness
or correctness of the Information, or for any decision made or action taken or
not taken by you relying upon the Information. You further agree that ICAO will not be liable
in any way for the interruption of any Information or other aspect of the
Website. You understand that none of the
Information available through the Website constitutes a recommendation or
solicitation to take or not take any particular action or purchase any product
or service. Furthermore, we do not
warrant that product descriptions on the Website are accurate, complete,
reliable, current, or error-free. If a product offered by ICAO itself is not as
described, your sole remedy is to return it promptly in unused condition.
We attempt to ensure that information on this Web Site is
complete, accurate and current. Despite our efforts, the information on this
Web Site may occasionally be inaccurate, incomplete or out of date. We make no
representation as to the completeness, accuracy or correctness of any
information on the Website. Although it is
our practice to confirm orders by email, the receipt of an email order
confirmation does not constitute our acceptance of an order or our confirmation
of an offer to sell a product or service. We reserve the right, without prior
notice, to limit the order quantity on any product or service and/or to refuse
service to any customer. We also may require verification of information prior
to the acceptance and/or shipment of any order.
4.
COMMUNICATIONS. The Website may permit you to post reviews,
comments, and other content, as well as submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable and
does not consist of or contain software viruses, political campaigning, chain
letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead as to the origin of your identity
and content. All such content and
material submitted by you will be considered non-confidential and
non-proprietary. You grant us a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such materials and/or content throughout
the world in any media. You grant us and
our sublicensees the right to use the name that you submit in connection with
such content and/or material, if we or they choose. You represent and warrant that (i) you own or
otherwise control all of the rights to the content and/or material that you
post on the Website; (ii) that the content is true, correct and accurate; (iii)
that use of the content and materials you supply does not violate these Terms
and will not cause injury to any person or entity; and (iv) that you will
indemnify ICAO and its sublicensees from and against all claims resulting from
content and materials you supply. We
reserve the right, but are under no obligation to monitor and edit or remove
any activity, materials or content on the Website. We take no responsibility, and expressly
disclaim any and all liability for any content and materials posted by you or
any third party on the Website. In
furtherance of and without limiting any of the foregoing, we are free to use
any ideas, concepts, know-how, or techniques contained in any communication you
send to ICAO for any purpose whatsoever, including, but not limited to,
developing and marketing products using such information.
5.
OTHER BUSINESSES AND LINKS. Third parties (other than ICAO) may operate
stores, provide services, or sell product lines on the Website. In addition, we may provide a link to other
services or sites as part of the Website. Such sites are not under our control, and,
accordingly, we make no representations or warranties whatsoever of the
offerings of, any of these websites, businesses or individuals or the content
of their websites. The fact that we have
provided a link to a site is not an endorsement of the service or site, its
content, or its sponsoring organizations, or their reliability. We do not assume any responsibility or
liability for the actions, product, and content of all of these and any other
third parties. You should and are urged to carefully review their privacy
statements and other conditions of use. Notwithstanding
the foregoing to the contrary, you (i) may, and are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of the
Website so long as the link does not portray ICAO or its products or services
in a false, misleading, derogatory, or otherwise offensive manner; (ii) may not
use the ICAO logo or other proprietary graphic or trademark as part of the link
without our express written permission, which may granted or withheld in our
sole and absolute discretion; (iii) may not present the link to the Website in
any way that suggests ICAO has any relationship or affiliation with your site
or endorses, sponsors or recommends the information, products or services on
your site.
Creating or maintaining any link from another website to any
page on the Website without our prior written permission, which may be granted
or withheld in our sole and absolute discretion, is prohibited.
The Website may contain links to websites that are not owned,
operated or controlled by ICAO. All such
links are provided solely as a convenience to you. If you use such links, you will leave the Website.
We are not responsible for any content,
materials or other information located on or accessible from any other website.
If you decide to access any other Web
sites linked to or from the Website, you do so entirely at your own risk.
6.
DISCLAIMERS OF WARRANTIES AND
LIMITATIONS. THE WEBSITE IS PROVIDED BY ICAO ON AN “AS IS” AND “AS
AVAILABLE” BASIS. ICAO MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, SERVICES, MATERIALS, OR
PRODUCTS INCLUDED ON THE WEBSITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, ICAO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ICAO DOES NOT WARRANT THAT THE
WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE OR ICAO ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ICAO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR
THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT
TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM
ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS
"CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION
IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW.
7.
LIMITATIONS OF LIABILITY. We
do not assume any responsibility, and will not be liable, for any damages to,
or any viruses that may infect your computer, telecommunication equipment, or
other property caused by or arising from your access to, use of, or browsing the
Website, or downloading of any information or materials from the Website. IN NO
EVENT WILL ICAO BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY
WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES
CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, EQUITY,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE
OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE
PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY,
IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN
ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN
AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS
POLICIES POSTED ON THE WEBSITE.
8.
INDEMNIFICATION. You agree to indemnify and hold ICAO, its officers,
directors, members, shareholders, agents, employees, sublicensees and licensors
harmless from any claim or demand, including reasonable attorneys' fees and
costs, made by any third party arising out of your violation of these Terms.
9.
COPYRIGHTS & TRADEMARKS. The Website, its content and compilation of
content, and all software used on the Website is owned by ICAO or its agents
and is protected by the United States Copyright Act of 1976, as amended, and
the copyright laws of other countries. All
content, logos, designs and icons are proprietary to ICAO or its agents. The materials and content provided in this
service, including, without limitation, graphic images, buttons, and text, may
not be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, without the prior written consent of ICAO, which may be
granted or withheld in our sole and absolute discretion. “TheSillyWagon.com”
and other marks (including graphics, logos, page headers, button icons,
scripts, and service names) indicated on our Website are trademarks or trade
dress of ICAO or its licensors in the United States and other countries. ICAO's trademarks and trade dress may not be
used in connection with any product or service that is not ICAO's, in any
manner that is likely to cause confusion among customers or in any manner that
disparages or discredits ICAO or the Website. All other trademarks not owned by ICAO that
appear on this site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by ICAO.
10.
MODIFICATIONS TO THE WEBSITE. ICAO reserves the right to modify or
discontinue, temporarily or permanently, all or any portion of the Website with
or without notice. You agree that ICAO
will not be liable to you or to any third party for any such modification,
suspension or discontinuance.
11.
TERMINATION. The license granted under these Terms will
terminate if you fail to comply with any term or condition. Upon such
violation, you agree to terminate access to the Website. You further agree that
ICAO, in its sole discretion and with or without notice, may terminate your
access to any or the entire Website, and remove and discard any information or
content within the Website. You also agree that ICAO will not be liable to you
or any third-party for any termination of your access to the Website.
12.
GOVERNING LAW. These Terms shall be subject to and construed
in accordance with the laws of the State of New York, excluding its conflict of
law principles.
13.
SEVERABILITY. If any part of these Terms is unlawful, void
or unenforceable, that part will be deemed severable and will not affect the
validity and enforceability of any remaining provisions.
14.
ARBITRATION. Any dispute relating in any way to your visit
to the Website or to products you purchase through the Website or by phone
shall be submitted to confidential arbitration in New York, except that, to the
extent you have in any manner violated or threatened to violate ICAO's
intellectual property rights, ICAO may seek injunctive or other appropriate
relief in any state or federal court in the state of New York, and you consent
to exclusive jurisdiction and venue in such courts. Arbitration under the Terms
shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under the Terms shall be joined to
an arbitration involving any other party subject to these Terms, whether
through class arbitration proceedings or otherwise.
15.
NO THIRD PARTY BENEFICIARIES. You agree that, except as otherwise expressly
provided in these Terms, there shall be no third party beneficiaries to these
Terms.
16.
STATUTE OF LIMITATIONS. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
use of the Website or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
17.
INFORMATION FROM CHILDREN. ICAO does not knowingly collect any personal
information from anyone 13 years of age or younger. You are not permitted to use the Website if
you are 13 years of age or younger.
18.
PRIVACY. ICAO adheres to acceptable market practices, including respecting all of the Website users privacy. We do not sell or share private information without prior consent.
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