2. RESTRICTIONS ON USE OF MATERIALS
In the event you download software from this website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you, on a personal, non-exclusive, non-assignable and non-transferable basis by JAKKS or the JAKKS Affiliated Entities, as applicable, for your personal, noncommercial home use only. Neither JAKKS nor the JAKKS Affiliated Entities, as applicable, transfers title to the Software to you. You may own the medium on which the Software is recorded, but JAKKS or the JAKKS Affiliated Entities, as applicable, retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Users of this website shall not use this website: (a) for commercial or political purposes; (b) for collection of information or content by technological devices such as robots, spiders, spyware, software extraction tools, etc.; (c) for collection of meta tags or hidden text utilizing trademarks; (d) in an illegal manner; or (e) in a way that interferes with enjoyment of this website by others.
Some services on this website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by this website’s registration processes (the “Registration Data”). You shall not impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph nor will you give permission to any other person to impersonate you, or use your username, password or other account information, or your name, likeness, voice, image or photograph. You also agree to promptly notify JAKKS of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this website. In addition, you agree to exit from your account at the end of each session.
4. LINKS TO OTHER WEBSITES
The information and opinions expressed in any Message Boards, Chat Rooms or any other area located on this website where information or opinions are expressed or discussed (collectively, “Forums”) are not necessarily those of JAKKS or the JAKKS Affiliated Entities, and JAKKS and the JAKKS Affiliated Entities make no representations or warranties regarding that information or those opinions. Furthermore, neither JAKKS nor the JAKKS Affiliated Entities are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the JAKKS site. You irrevocably agree not to upload, transmit, distribute or otherwise publish through such Forums any content that, as determined by JAKKS in its sole discretion:
is inappropriate, derogatory, indecent, obscene, pornographic, rude, abusive, threatening, hateful, tortious, defamatory, slanderous or libelous;
violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights (including but not limited to copyrights and trademark rights);
promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
advocates, or is in fact, unlawful, illegal, or in violation of or contrary to the laws or regulations of any applicable jurisdiction; or
solicits funds, or is an advertisement or solicitation for the sale or other transfer of goods or services. (all of the above collectively, “Unauthorized Material”).
While JAKKS does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, JAKKS reserves the right to delete, move, or edit messages that it, in its sole discretion, deems Unauthorized Material (as defined above) or otherwise unacceptable. JAKKS will fully cooperate with any law enforcement authorities or court order requesting or directing JAKKS to disclose the identity of anyone submitting or posting any materials to the website or anyone participating on the website.
THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JAKKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JAKKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAKKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JAKKS OR THE JAKKS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR MATERIALS OR FUNCTIONS ON THIS WEBSITE, EVEN IF JAKKS OR THE JAKKS AFFILIATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JAKKS OR ANY OF THE JAKKS AFFILIATED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
11. FOREWORD-LOOKING STATEMENTS
All materials, including without limitation, annual reports to shareholders, press releases and JAKKS filings with the Securities and Exchange Commission (the “SEC”) reproduced on this site are as of the original date of filing. The fact that a document is available on this site does not mean that the information contained in the document is current. Any forward-looking statement reproduced on this site should be read in connection with other factors that could cause actual future events or results to differ materially from anticipated events or results that are mentioned in JAKKS Annual Report on Form 10-K under the heading “Forward-Looking Statements”, JAKKS Quarterly Reports on Form 10-Q under the heading “Other Information” and in other filings made by JAKKS available on this site or the SEC’s Edgar Database (http://www.sec.gov/edgar.shtml). JAKKS has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site.
Unless otherwise specified, the materials located on this website are presented solely for the purpose of promoting products and services available in the United States and its territories, possessions, and protectorates. JAKKS controls and operates this website from its offices in the State of California, U.S.A. JAKKS makes no representations that materials on this website are appropriate or available for use in any particular location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The supply of goods, services and software through this website is subject to United States export control and economic sanctions requirements. By acquiring any such items through this website, you represent and warrant that your acquisition comports with, and your use of the item will comport with, those requirements. Without limiting the foregoing, you may not acquire goods, services or software through this website if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. DENIAL OF ACCESS
14. COPYRIGHT INFRINGEMENT
The Online Copyright Infringement Liability Limitation Act, 17 U.S.C. § 512 (a part of the Digital Millennium Copyright Act), permits a service provider to designate an agent to receive notification of certain claimed infringements of copyright. JAKKS has accordingly designated such an agent and, in doing so, provided the following information to the United States Copyright Office. If you believe that you have a claim for copyright infringement, send written notification to the agent specified below. The written information must include: a description of the work that you claim has been infringed; a URL and description of the location of the infringement; your contact information; a statement that you believe in good faith that JAKKS does not have authorization to use the material and that you have authority to act on the alleged infringement, and your signature.
Full Legal Name of Service Provider
JAKKS Pacific, Inc.
Address of Service Provider
22619 Pacific Coast Highway, Malibu, CA 90265
Name of Agent Designated to Receive Notification of Claimed Infringement
Joel Bennett, CFO
Address of Designated Agent to which Notification should be sent
22619 Pacific Coast Highway, Malibu, CA 90265
Telephone Number of Designated Agent
Facsimile Number of Designated Agent
Email Address of Designated Agent
The United States Copyright Office’s Directory of Service Provider Agents for Notification of Claims of Infringement may be consulted at: www.copyright.gov or by calling (202) 707-3000.
15. ENTIRE AGREEMENT