You have accessed the FUNRISE.COM website ("the Site"). The Site
is owned and operated by FUNRISE TOY CORPORATION. ("Funrise Toy Corp"),
owner of the FUNRISE trademarks and manufacturer of FUNRISE toys. By accessing
this Site, you are deemed to have read, understood and accepted the terms of
this notice. If you do not agree with all of the following terms and conditions,
please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such changes and/or modifications
shall become effective immediately upon the posting thereof. Please review
the terms and conditions periodically. Your continued use of the Site following
the posting of changes and/or modifications will constitute your acceptance
of the revised terms and conditions.
Purpose of the Site
We have created the Site for your personal, noncommercial information
and amusement. We hope you enjoy browsing the Site and encourage you to bookmark
it to facilitate access at your convenience. We try to keep the content of
the Site as up to date, accurate and reliable as possible but we can't guarantee
that there aren't any mistakes so please check back frequently for updates
and contact consumer service if you see something you think is out of date
Not all of the products shown on the Site are available or available in all
markets. The actual products and/or packaging which are available may differ
slightly from what is shown on the Site.
Orders for products may be placed only by adults who are 18 years of
age or older. Under no circumstances may any child or person under the age
of 18 order products through the Site.
Products, Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted on this
Site are subject to change at any time without notice. Certain weights, measures
and similar descriptions are approximate and are provided for convenience purposes
only. 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 products or services
in this Site at a particular time does not imply or warrant that these products
or services 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 from this Site. By placing an order, you represent that the
products ordered will be used only in a lawful manner. All videocassettes,
DVDs, Zoooos titles and similar products sold are for private, home use (where
no admission fee is charged), non-public performance and may not be duplicated.
Shipping Limitations. When an order is placed, it will be shipping to an
address designated by the purchaser as long as that shipping address is compliant
with the shipping restrictions contained on this Site.
Accuracy of Information. Funrise Toy Corp attempts to ensure that information
on this Site is complete, accurate and current. Despite our efforts, the information
on this Site may occasionally be inaccurate, incomplete or out of date. We
make no representation as to the completeness, accuracy or timeliness of any
information on this Site. For example, products included on the Site may be
unavailable and/or may have different attributes than those listed on the Site.
In addition, we may make changes in information about price and availability
without notice. 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.
Ownership of Intellectual Property
Except as noted below, all character names and likenesses, and all
site design, text, images, photographs, illustrations, audio clips, video clips,
artwork, graphic material, or other copyrightable elements, and the selection
and arrangements thereof, and trademarks, service marks and trade names and
logos (the "Material") are the property of Funrise Toy Corp and are
protected, without limitation, pursuant to U.S. and foreign copyright and trademark
laws. In addition, many of the products and packaging are the subject of U.S.
and foreign patents owned by Funrise Toy Corp. Funrise Toy Corp hereby grants
you a personal, non-exclusive, non-assignable and non-transferable license
to use and display, for noncommercial and personal use only, one copy of any
material and/or software that you may download from this Site, including, without
limitation, any files, codes, audio or images incorporated in or generated
by the software provided that you maintain all copyright and other notices
contained in such Material. You agree not to reproduce, modify, create derivative
works from, display, perform, publish, distribute, disseminate, broadcast or
circulate any Material to any third party (including, without limitation, the
display and distribution of the Material via a third party website) without
the express prior written consent of Funrise Toy Corp. Use of the Material
is only permitted with Funrise Toy Corp's express written permission. You further
agree that you will not disassemble, decompile, reverse engineer or otherwise
modify the Material. Any unauthorized or prohibited use may subject the offender
to civil liability and criminal prosecution under applicable federal and state
laws. All rights not expressly granted herein are reserved.
FUNRISE, FUNRISE and DESIGN, the Funrise logo, Nylint, Code 3 Collectibles,
TUB TOWN, GAZILLION BUBBLES, HEADBANGERS, PLAY 'N PRETTY, SHAKE 'N BOBBLES,
SOUND BEGININGS, PLAY 'N IMAGINE, SUNNY STEPS, and LIL' ROCKSTAR are registered
trademarks of Funrise Toys, LTD.
The Gazillion bubble products and ZOOOOS controller and titles are protected
by and/or the subject of United States patents and/or patent applications.
Certain trademarks, images and characters are owned by third parties and
used under license by Funrise Toy Corp.
Funrise Toy Corp does not accept or consider unsolicited creative
ideas, suggestions, or materials, such as original artwork or ideas for characters,
stories, products or games (collectively, "Submissions"). We therefore
ask that you do not send us any Submissions. If, despite our request that you
not send such materials, you do send us a Submission, Funrise Toy Corp shall
not be obligated to keep any such Submission confidential, and Funrise Toy
Corp shall not be liable for any use or disclosure of the Submission. Further,
by sending us a Submission, you automatically grant to Funrise Toy Corp a perpetual,
royalty-free, irrevocable and unrestricted worldwide right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from
and distribute the Submission or incorporate the Submission into any form,
medium, or technology now known or later developed for any purpose, including
but not limited to the manufacture, sale, advertising and promotion of toys;
and you automatically waive all "moral rights" with respect to the
It is forbidden to create a hyperlink to the Site or any part of the
Site without our prior written consent. Although we may have linked the Site
to other people's Websites, we have not reviewed the contents of those other
sites and do not necessarily endorse their contents. If you access any such
linked site, you do so at your own risk.
This site is provided "as is" and without warranties of any kind either
express or implied. To the fullest extent permissible pursuant to applicable
law, Funrise Toy Corp disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness for a
particular purpose. Funrise Toy Corp does not warrant that the functions contained
in this site will be uninterrupted or error-free, that defects will be corrected,
or that this site or the server that makes it available are free of viruses
or other harmful components. Funrise Toy Corp does not warrant or make any
representations regarding the use or the results of the use of the information
in this site in terms of their correctness, accuracy, reliability, or otherwise.
You (and not Funrise Toy Corp) 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.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall
Funrise Toy Corp be liable for any special or consequential damages that result
from the use of or the inability to use this site, even if Funrise Toy Corp
or its authorized representative has been advised of the possibility of such
damages. Applicable law may not allow the limitation or exclusion of liability
or incidental or consequential damages, so the above limitation or exclusion
may not apply to you. In no event shall Funrise Toy Corp's 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 site.
The materials on this Site are presented solely for promotional purposes
in the United States. This Site is controlled and operated by Funrise Toy Corp
from its offices within the state of California. Funrise Toy Corp products
are available in many parts of the world. However, this Site may describe products
that are not available worldwide. Funrise Toy Corp does not warrant or represent
that materials on this Site are appropriate or available for use in other locations.
If you choose to access this Site from other locations, you do so at your own
initiative and you are responsible for complying with local laws, if and to
the extent local laws are applicable. You may not download or otherwise export
or re-export software from this Site in violation of United States export controls.
These terms shall be governed by and construed according to the laws of the
state of California, as they are applied to agreements entered into and to
be performed entirely within California. Any claim or cause of action arising
out of or relating to these terms shall be barred unless such claim or cause
of action is brought within one year after it arises; any such claim or cause
of action shall be brought only in the state or federal courts in the County
of Los Angeles, California, and you consent to the exclusive jurisdiction of
such courts for the purpose of litigating such actions. Whenever possible,
each provision of these terms shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision is deemed prohibited
or invalid under applicable law, such provision shall be ineffective to the
extent of such prohibition or invalidity without invalidating the remainder
of such provision or the remaining provisions of these terms. This is the entire
agreement between us relating to your use of this Site. These terms may not
be modified by you, in writing or otherwise, unless agreed to in a written
document signed by a Senior Vice President of Funrise Toy Corp.