PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this website (“Site”) agree that access to and use of the Site are subject to the following terms and conditions (the “Terms”) and other applicable law. If you do not agree to these terms and conditions, please do not use the Site. Access to and use of the Site are subject to the Terms, which is a binding contract between you and Diamond Select Toys & Collectibles, LLC ("Diamond Select Toys" or "we"), the parent company of Gentle Giant Ltd. If you access or use this Site, you hereby accept all terms and conditions of these Terms. If you do not agree to the terms and conditions of these Terms, do not access or use this Site.
SECTION A - USE OF OUR SITE
1. You agree to use the Site in a legal and ethical manner at all times. You agree not to use, copy, modify, distribute, republish, reverse engineer, display, decompile, mirror, translate, disassemble, or transmit any of the Digital Content (as defined below) or other materials on this Site without our express written permission.
2. The Site contains copyrighted materials of Diamond Select Toys, as well as licensed content from third parties. The distinctive and original layout, design, text, graphics, code, and presentation of this Site constitute protectable trade dress of Diamond Select Toys under applicable federal law and is copyrighted as a collective work, which may include works that are licensed to Diamond Select Toys, under the United States and other copyright laws, and is the property of Diamond Select Toys. In addition, trademarks, service marks and trade names belonging to Diamond Select Toys appear throughout the Site and are trademarks or registered trademarks of Diamond Select Toys. ALL RIGHTS RESERVED.
3. The Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property rights belonging to Diamond Select Toys or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Diamond Select Toys. You further agree not to change or delete any proprietary notices from Digital Content downloaded from or purchased through the Site.
4. You agree to comply with domestic, foreign and international laws, statutes, ordinances, and regulations applicable to your use of this Site. You also agree to follow any other guidelines or rules provided or posted on this Site.
5. You agree to the Privacy Policy which is incorporated into these Terms by this reference.
SECTION B – GENERAL INFORMATION
1. You are responsible for all activity that takes place under your Member user ID. It is your responsibility to maintain the confidentiality of your user ID and password.
2. Members agree to register using a valid email address they are entitled to use that is not hosted by any temporary email service.
3. You may not use the Site to solicit others to join or become members of any other commercial online service or other organization.
4. Although Diamond Select Toys is not obligated to monitor content or accuracy of information on the Site, we retain the right, in our sole and absolute discretion, to monitor, edit, prohibit, or remove any Digital Content, at any time, without notice, for any reason.
5. Because Digital Content is delivered via the Internet, there may be some circumstances where the delivery of Digital Content is delayed. In no event will Diamond Select Toys be liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner, or caused by circumstances or causes beyond Diamond Select Toys’ reasonable control.
6. Diamond Select Toys may terminate or deactivate the Membership of any person or entity for any reason at any time without notice.
7. Changes to these Terms become effective for existing Members at the time an updated version is published on this Site. Notice of material changes will be posted in the "Profile" section of each Member account for a minimum of 45 days. By accessing or using this Site after such changes are posted, you agree and consent to all such changes.
SECTION C – DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
1. NOTICE. If you are a copyright owner or an agent thereof and believe that any Digital Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Diamond Select Toys to locate the material; o Information reasonably sufficient to permit Diamond Select Toys to contact you, such as an address, telephone number, and, email address; o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and o A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Diamond Select Toys’ designated Copyright Agent to receive notifications of claimed infringement is Robert Yee, Diamond Select Toys, 10150 York Rd., Suite 250, Hunt Valley, MD, 21030. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Diamond Select Toys’ customer service through customerservice@diamondselecttoys.com You may be held liable for damages (including costs and attorneys' fees) under Section 512(D) of the DMCA.
2. COUNTER-NOTICE. If you believe that your Digital Content that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law to post and use the material in your Digital Content, you may send a counter-notice containing the following information to the Diamond Select Toys’ designated Copyright Agent: o Your physical or electronic signature; o Identification of the Digital Content that has been removed and the location at which the Digital Content appeared before it was removed or disabled; o Information reasonably sufficient to permit Diamond Select Toys to contact you, such as an address, telephone number, and email address; o A statement under penalty of perjury by you that you have a good faith belief that the Digital Content was removed or disabled as a result of mistake or a misidentification of the Digital Content; and o A statement that you consent to the jurisdiction of the federal for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue. If a counter-notice is received by our Copyright Agent, Diamond Select Toys may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Digital Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Digital Content provider, member or user, the removed Digital Content may be replaced, or access to it restored, in 10 business days or more after receipt of the counter-notice, at Diamond Select Toys’ sole discretion.
3. REPEAT INFRINGERS. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Members who are repeat infringers of copyrights or other proprietary rights.
SECTION D – LEGAL TERMS AND CONDITIONS This section contains important information that you should read carefully. Because we cannot guarantee problem-free Digital Content, collectibles, or other physical items, our liability to you is limited, as described below. You are also agreeing to indemnify us relating to Digital Content you may upload. We cannot provide a warranty for the Digital Content hosted on the Site - it is provided on an 'as is' basis, as described below.
Indemnification
You will indemnify, defend and hold harmless Diamond Select Toys, its affiliates, and their respective officers, shareholders, partners, representatives, agents and employees from any and all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees, related to or arising from your violation of these Terms, your use or misuse of the Site or Digital Content, or any infringement of any intellectual property rights or other right as a result of the of Digital Content or your use or provision of the Digital Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which you will cooperate with us in asserting any available defenses. No Liability IN NO EVENT SHALL Diamond Select Toys OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, PARTNERS, REPRESENTATIVES, AGENTS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS SITE OR ANY LINKED WEBSITE OR TO ANY DIGITAL CONTENT OR OTHER MATERIAL OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT YOUR INABILITY TO USE THIS SITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS ON THIS SITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Diamond Select Toys HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you. No Warranty The Site is only a forum. Diamond Select Toys has no control over the quality or legality of any Digital Content on this Site or the accuracy of any related information. It is your full responsibility to ensure the quality and legality of any Digital Content and its use. You agree that we have no liability for any misrepresentation, incomplete statement or failure to disclose any Digital Content data, or for any claims arising from a transaction resulting from your use of the Site or a business transaction you enter into using the Site. Diamond Select Toys’ sole obligation relating to Digital Content is to permit Member Buyers to download Digital Content (as uploaded by Member Seller) upon payment in full of any fee set by Member Seller. Diamond Select Toys makes all commercially reasonable efforts to ensure that all material, information and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed. THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED BY Diamond Select Toys ON AN “AS IS” BASIS. Diamond Select Toys MAKES NO WARRANTIES WITH RESPECT TO THIS SITE, AND DISCLAIMS ALL APPLICABLE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR THE SITE AND ALL DIGITAL CONTENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. Diamond Select Toys MAKES NO WARRANTY OR REPRESENTATION REGARDING RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR USE OF MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS SITE. Diamond Select Toys DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS SITE OR ANY DIGITAL CONTENT OR OTHER MATERIAL AND PRODUCTS, OBTAINED THROUGH USE OF THIS SITE OR (2) THAT USE OF THIS SITE OR ANY DIGITAL CONTENT ON THIS SITE WILL MEET ANY REQUIREMENT, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Diamond Select Toys SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. You acknowledge and agree that (1) your use of this Site and Digital Content is at your own discretion and risk, and (2) you are solely responsible for any damage that results from the download and use of any Digital Content. Diamond Select Toys is not liable to users and Members of this Site for any damage resulting from use of this Site or use of Digital Content obtained from this Site, and is not in any way responsible for the conduct of users or Members of this Site or for Digital Content posted or exchanged on this Site. Diamond Select Toys does not warrant or guarantee that Digital Content or other materials and information available through this Site will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. No advice or information, whether oral or written, obtained by you from Diamond Select Toys or in any manner from this Site shall create any warranty. Term and Termination These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Diamond Select Toys without notice at any time, for any reason. The provisions relating to licensing, limitation of liability, indemnification, and miscellaneous shall survive any termination. Notice Diamond Select Toys may deliver notice to you by means of email, a general notice on the Site, or by other reliable method to the address you have provided to Diamond Select Toys. Third-Party Websites This Site may link to, or be linked to, other websites not maintained by or related to Diamond Select Toys. These links are provided only as a service to our users and Members. Diamond Select Toys is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked or linking website. Diamond Select Toys has not reviewed all third party websites and is not responsible for their content, accuracy, or policies. If you link to or retrieve any other pages or websites it is at your own risk. Participation Disclaimer Diamond Select Toys may not review all Digital Content posted to or created by users accessing the Site, and Diamond Select Toys is not in any manner responsible for the content of these materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Diamond Select Toys is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Diamond Select Toys reserves the right to block or remove materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, (d) illegal, or (e) offensive or otherwise unacceptable to Diamond Select Toys in its sole discretion. Dispute Resolution Your use of the Site shall be governed in all respects by the laws of the state of Maryland, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site (including but not limited to the purchase of Diamond Select Toys products) shall be in the state or federal courts located in Baltimore County, Maryland. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Diamond Select Toys products) must be commenced within one (1) year after the claim or cause of action arises. Diamond Select Toys’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Diamond Select Toys may assign its rights and duties under these Terms to any party at any time without notice to you. Miscellaneous In the event that a Diamond Select Toys collectible or other physical item is mistakenly listed at an incorrect price, Diamond Select Toys reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Diamond Select Toys reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Diamond Select Toys shall issue a credit to your credit card account in the amount of the incorrect price. All payments relating to the Site shall be made in US dollars. If any provision of these Terms is held invalid, void, or for any reason unenforceable, that provision shall be severed from these Terms and the remaining condition will remain in force to the fullest extent provided by law. Any amendments or waiver of any portion of these Terms will be effective only if in writing and signed by an authorized officer of Diamond Select Toys. This is the entire agreement applicable to Digital Content and your use of the Site. No partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.