Terms of service

Jazwares

Squishmallows

Jazwares Vault

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Corporate

JAZWARES , LLC

TERMS AND CONDITIONS

Last updated on June 9, 2023

OVERVIEW

Jazwares, LLC (“Jazwares”) and its affiliated companies, Jazplus, LLC (“Jazplus”) and Kelly Toys Holdings, LLC (“Kelly Toys”) are pleased to share the Jazwares store website (“the Website”) located at jazazwwares.shop with you (the Website, content, products and services hereinafter referred to as the “Jazwares Services”). Jazwares is a dynamic top toy company located in the United States, with a focus on developing and delivering high quality innovative products and brands that kids love! Jazwares owns the Website and the Jazwares Services and through that site is providing consumers direct access to purchase its amazing toys and products, including the cuddly and versatile plush toys Squishmallows®!

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE JAZWARES SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

CONTRACT BETWEEN YOU AND US

This is a contract between you and Jazwares, LLC, a toy company located at 955 Shotgun Road, Sunrise, FL 33326. You must read and agree to these terms before using the Jazwares Services. If you do not agree, you may not use the Jazwares Services. These terms describe the limited basis on which the Jazwares Services are available and supersede any prior agreements or arrangements.
We may amend these terms. Any such amendments will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Jazwares Services. If you do not agree to any change to these terms, you must discontinue using the Jazwares Services.
We may immediately terminate this contract with respect to you, including your access to the Jazwares Services, if you fail to comply with any provision of these terms.

USE OF JAZWARES SERVICES

Users of all ages are welcome to browse the Website under the terms set forth herein, however, you may only further use the Jazwares Services if you are 16 years of age or older. In order to purchase products through the Website, you may be asked to complete an order form and provide your name and contact information as well as submit a valid credit card number, billing address, related billing information, and delivery information in connection with your order. When you use the Jazwares Services to place an order you must provide accurate and truthful information. By using the Jazwares Services, you represent and warrant that you have the right and are authorized to use the information you provide when you place an order.
By using the Jazwares Services, you agree to transact electronically through the Website. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.
As part of the services we offer through the Jazwares Services, Jazwares may communicate information and promotional opportunities to you of a marketing nature through e-mail. Each e- mail has an option at the end of the e-mail to unsubscribe from this type of communication.

ACCURACY OF INFORMATION

We attempt to ensure that information provided through the Jazwares Services is complete, accurate and current. Despite our efforts, information provided through the Jazwares Services may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information provided through the Jazwares Services. For example, products offered may become unavailable or may have different attributes than those listed. While 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.

PRODUCTS, CONTENT AND SPECIFICATIONS

The prices of products and services described or depicted on the Jazwares Services are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, 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 product or service on the Jazwares Services at a particular time does not imply or warrant that the product or service will be available at any time. 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 through the Jazwares Services. By placing an order, you represent that the products ordered will be used only in a lawful manner and are being purchased for your own use and not for resale to third parties.

CORRECTION OF ERRORS AND INACCURACIES

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information provided through the Jazwares Services at any time without prior notice. In the event that a product is listed at an inaccurate price due to typographical error or error in pricing information or for any other reason, we have the right to (i) refuse or cancel any orders placed for the product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, we will offer a refund to you of previous amounts paid in respect of your purchase. The display of products on the Website shall not constitute an offer to sell.

SHIPPING LIMITATIONS

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. Sales of products are restricted to North America. All purchases made through the Jazwares Services are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with the carrier for damaged and/or lost shipments.

INDIVIDUAL CREDIT CARD ORDERS

Limitations on purchase, if any, may be subject to change, availability or special promotional offer as indicated on the product page. Customer represents and warrants that the toys are being acquired solely for his or her own use and not for resale to third parties. If a customer breaches this representation and warranty, Jazwares will avail itself of all remedies available to it under the applicable law.

SUBMISSION AND UNSOLICITED IDEAS AND POLICIES

We do not accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions, or other materials you submit are not made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation, or consideration of any type.

USE OF CONTENT ON THE WEBSITE

The design of the Jazwares Services and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Jazwares Services are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from the Jazwares Services in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You agree not to circumvent or interfere with security-related features of the Jazwares Services or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Jazwares Services or any materials herein. You may not use any robot, “bot”, spider, crawler or other automatic device or manual process to gather data from the site for commercial use. Any unauthorized use of the Jazwares Services, or any such information or materials contained herein may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

TRADEMARKS

Certain trademarks, trade names, service marks and logos used or displayed on the Jazwares Services are registered and unregistered trademarks, trade names and service marks of Jazwares, Kelly Toys, Zag Toys, LLC (“Zag Toys”) or their affiliate(s). Other trademarks, trade names and service marks used or displayed on the Kelly Toys Services are the registered and unregistered trademarks, trade names and service marks of their respective owners, including our vendors or suppliers. Nothing contained on the Website or through any of the Jazwares Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Jazwares Services without the written permission of such other owner.
SQUISHMALLOWS, ORIGINAL SQUISHMALLOWS, LIVING ON THE VEG BUMBUMZ and KELLYTOY are trademarks of Kelly Toys. JAZWARES is a trademark of Jazwares. RUSS, APPLAUSE, and EVERYONE LOVES TO GET APPLAUSE are trademarks of Zag Toys. FIRST ACT is a trademark of FIRST ACT, LLC. (“FIrst Act”) Jazplus also owns the “look and feel” of this Website. Unauthorized use or copying of the intellectual property of Jazwares, Kelly Toys, Zag Toys, or FIrst Act, including but not limited to this website or trademarks, logos, pictures, or names contained herein, is prohibited by law. Jazwares, Kelly Toys, Zag Toys and/or First Act will take legal action against those who participate directly or indirectly in intellectual property infringement. Anyone having information concerning any unauthorized use of the intellectual property of Jazwares, Kelly Toys, Zag Toys and/or First Act is urged to contact Jazwares at: 955 Shotgun Road, Sunrise, FL 33326; Attn.: Legal Dept.

LINKING TO THE WEBSITE

Creating or maintaining any link from another website to any page on the Website without our prior written permission is prohibited. Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply with all applicable laws, rules and regulations.

THIRD PARTY LINKS

From time to time, the Website may contain links to other websites that are not owned, operated or controlled by Jazwares or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.

PRIVACY

Users of the Jazwares Services agree to the terms set forth in the Jazplus Privacy Policy (“Privacy Policy”) found on the homepage of the Website. You acknowledge and agree that your use of our Jazwares Services is subject to our Privacy Policy, which can be found at Privacy Policy .

DISCLAIMERS

YOUR USE OF THE JAZWARES SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE JAZWARES SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH OUR JAZWARES SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE JAZWARES SERVICES MAY BE OUT OF DATE, AND NEITHER, COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE JAZWARES SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS 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 JAZWARES SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, 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. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless from and against any and all claims made by, and any and all damages and judgments (including reasonable attorneys’ fees) awarded to, any third party due to or resulting from: (1) your misuse of the Jazwares Services; (2) your violation of these Terms and Conditions or any applicable law; or (3) your breach of any of your representations and warranties set forth herein.

LIMITATIONS OF LIABILITY

Neither Jazwares nor any of its affiliates, assume any responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Jazwares Services, or your downloading of any information or materials from the Website. IN NO EVENT WILL JAZWARES, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF ANY OF THE JAZWARE SERVICES, 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 O