These Terms of Service (“Terms of Service”) are a legal agreement between you and toyparadise LLC (“we,” “our,” “us,” and “toyparadise”) for access to and use of our services as well as the purchase of goods through our services (collectively the “Services”).

Our Services currently comprise the following 

• Website, which may include a forum, a blog, and other forms of interactive content, platforms or channels, at toyparadise.shop (“Website”)
• Shop, at toyparadise.shop/shop (“Shop”)

Each part, specific feature, or subdomain of our Services may have different rules governing use and access thereof. In the event of different rules, the specific rules governing only a part of the Service will supersede and govern the Terms of Services. We will, collectively, refer to the aforementioned special rules together with these Terms of Service as the “Agreement.”

Our Services and this Agreement may change from time to time. If they do, we will provide you with an update, as further described in Section 6.1 of these Terms of Service. 

By accessing or using the Service, you agree to be bound by the terms and conditions of this Agreement and our Privacy Policy at https://www.toyparadise.shop/privacy-policy/ (“Privacy Policy”). If any of these terms are unacceptable to you or in the event that any future changes are unacceptable to you, do not use the Service. Your continued use of the Service now, or following a notice of any changes in this Agreement, will indicate acceptance and agreement by you of such change. 

You must be at least thirteen years of age to use the Service, unless indicated otherwise for subdomains or features of our Service, which may require you to have reached the age of eighteen or of majority in your state of residency.

1. ACCESS TO AND USE OF OUR SERVICES

1.1  Access and use. Your access and use of our Service is regulated by this Agreement and your continuous access and use in the future is subject to your compliance to the terms and conditions hereunder and, if applicable, to any provisions from an additional agreement for any part of the Service. We reserve the right to restrict or temporarily or permanently prohibit your access or use of any part of or the entire Service. 

1.2  Availability. We do not promise, guarantee, represent, or warrant availability and access of and to the Services at any given time. You acknowledge that we do not give a guarantee to continuous and uninterrupted performance of the Service. Further, you understand that access to our Services may be limited or interrupted as a result of circumstances beyond our control, which include internet connections and devices used to access the Services, for which we are not responsible. 

1.3  Support. In the event that you encounter an error in access or use with the Service, you can reach out to [email protected] during regular business hours. We will reply within a reasonable time. We cannot promise to fix your request, but promise to use commercially reasonable efforts.

1.4  Personal use. The Services are provided to you by us for your personal use. We reserve the right to prohibit any commercial use of our Services by you, including without limitation, requesting that you cease use or provide a remedy, of any kind, for our damages resulting from your commercial use.

1.5  Social Media. You may have engaged with us through our social media accounts (such as, by way of example, Twitter, TikTok, and or Facebook). Your interaction with us and sharing of information and material with us through our social media accounts is subject to the respective third parties’ terms and conditions. We are not liable and do not carry any responsibility for your use of these social media channels. To the extent applicable and permitted by these third parties’ terms and conditions, this Agreement applies to your interaction and sharing of material and information with us through these social media accounts.

2. CODE OF CONDUCT 

2.1  Code of Conduct. The following rules (“Code of Conduct”) regulate your use of the Service, and prescribe certain rules for conduct between you and other customers and Users of our Services (each, a “User,” and collectively, the “Users”) and with us. It is our goal to provide you with a friendly environment. Participation in our community is at its best when Users treat the fellow Users with respect and courtesy. Therefore, we ask that you conduct yourself in a civilized manner when using and accessing our Services. The list of prohibited behavior below is not exhaustive and may not address all manner of offensive behavior. Therefore, keep in mind that a breach of this Code of Conduct and beyond can lead to the cancellation of your account and us blocking your use and access of our Services entirely, which is in our sole discretion and we reserve the right to evaluate each incident on a case by case basis, and to a deletion of any and all of your Content and communication that constitutes that breach. If you encounter a breach of this Code of Conduct, you are prompted to immediately inform us. 

2.2  Prohibited Behavior. The following is a list of prohibited behavior. The prohibition extends to clear, but also masked violations, uploads and links to websites containing prohibited behavior.

(a)  Racial / Ethnic: Language that (a) promotes racial/ethnic hatred; (b) is recognized as a racial/ethnic slur; (c) alludes to a symbol of racial/ethnic hatred.

(b)  Extreme Sexuality / Violence: Language that (a) refers to extreme and/or violent sexual acts; (b) refers to extremely violent real life actions; (c) is pornographic.

(c)  Real-Life Threats: Language that refers to violence in any capacity that is not directly related to the Service.

(d)  Sexual Orientation: Language that insultingly refers to any aspect of sexual orientation pertaining to themselves or other Users. 

(e)  Hacks, Trojan Horses or Malicious Programs: Posting links to hacks, or malicious viruses / programs.

(f)  Use the Goods that you have purchased for any illegal or unauthorized use or purpose.

(g)  Obscene / Vulgar: Language that is an inappropriate reference to human anatomy or bodily functions or is pornographic in nature.

(h)  Inappropriate Language: Language that is a mildly inappropriate reference to human anatomy or bodily functions; is otherwise considered objectionable.

(i)  Harassing or Defamatory: Language that insultingly refers to other Users or groups of people; results in ongoing harassment to other Users or groups of people.

(j)  Major Religions or Religious Figures: Language that negatively portrays major religions or religious figures.

(k)  National: Language that promotes national hatred; that is recognized as national slur; that alludes to symbols of national hatred.

(l)  Illegal Drugs or Activities: Language that refers to abusing illegal drugs or to performing illegal activities.

(m)  Spamming or Trolling: Excessively communicating the same phrase, similar phrases, or pure gibberish; Creating threads for the sole purpose of causing unrest on the forums; Causing disturbances in forum threads, such as picking fights, making off topic posts that ruin the thread, insulting other posters; Making non-constructive posts.

(n)  Creating Duplicate Threads: Creating threads about existing topics; Creating a separate thread about an existing topic for further discussion in more than one forum.

(o)  Cross Linking Threads: Linking to threads from other forums; Creating threads with the sole purpose of linking another post.

(p)  Advertising: This category includes advertisement of any non-beneficial, non Service related businesses, organizations, or websites.

(q)  Your Content must be credited to the author and creator of that content, unless the author and creator is you.

(r)  Violation of our Community Guidelines, which you can find at https://transparency.fb.com/policies/community-standards/.

3. CONTENT OWNERSHIP THROUGHOUT OUR SERVICES

3.1  Ownership and License of Materials. All materials contained in our Services (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, interview, portfolio photo, if commissioned or created  by us), is our property (including its subsidiaries), our licensors’ or of third parties, such as but not limited to materials on websites linked to by the Services or materials by other Users of the Services, and is protected by copyright, trademark, and other applicable laws. By default, you may access, copy, download, print, publicly display, and distribute the material contained in our Services for your personal and non-commercial use, unless we expressly grant you either more extensive rights or restrict these rights. Any other use of material contained in the Services, including but not limited to any commercial use, and the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Services is prohibited.

3.2  We, our licensors and third parties, such as but not limited to websites linked to by the Services or other Users of the Services, retain full and complete title to the material provided on the Services, including all associated intellectual property rights, and provide this material to you under a license solely for your use of the Services and which is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials contained in the Services will not infringe rights of third parties. 

You may not use contact information, and any other personal information (as defined here), provided through the Services for unauthorized purposes, including marketing. 

3.3  Trademarks. Trademarks, logos, and service marks displayed through Services are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.

3.4  Your Content. You are responsible for any communications, images, sounds, or other material and info that you upload or transmit through our Service or transmitted through third party websites to our Service (your “Content”). Unless expressly stated otherwise, the following rules govern our use of your Content.

(a)  You grant us, from the time of uploading or transmission of your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content, including, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving your Content to others, without any compensation to you. You waive any moral rights you may have in your Content to the maximum extent permitted by the laws of your jurisdiction.

(b)  We reserve the right to modify and moderate your Content (including the deletion thereof). You are aware and acknowledge that your Content that is hosted by third party services (for example YouTube, Imgur etc.) will not be stored on our hosts but embedded as in-line link. You are aware and acknowledge that your Content will be made publicly available through our websites and other Users of the Services will be granted a license to your Content pursuant to Section 4.1 of these Terms of Service. 

3.5  Third Party Links. Our Services may contain links to other websites, which may be operated by us or its affiliates or third parties (e.g. Instagram, Linkedin, or other portfolio platforms). We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website, by us or our licensors. If you encounter a link that does not comply with the terms and conditions of this Agreement, you are prompted to immediately inform us.  

4. SHOP TERMS

4.1  Purchase of Goods. Availability. Price and Costs. Shipment.

(a)  If you have reached the age of majority in the jurisdiction from where you make your purchase (e.g. eighteen or twenty one years old) you may, either with an account or, if available at time of your purchase, as guest, purchase goods and other items (“Goods”) on display in our Shop. Any Goods displayed are subject to availability and our confirmation of receipt and acceptance of your offer to purchase. Your offer to purchase is binding on you and may not be withdrawn prior to our rejection.

(b)  Your purchase of the Goods requires that you accurately provide your shipping and billing information. We cannot promise actual, timely, or complete fulfillment of your order if the information that you provide to us is not accurate.

(c)You can find current prices and shipment costs toyparadise.shop/shop. You agree that you are responsible for payment of shipment and postage, including such costs for refunds. Further, you understand that price and costs for the purchased Goods and their shipment may change from the time of your purchase and the day of shipment. We reserve the right to reasonably amend the price and increase the costs, if such amendment is a result of any cause listed in Section 4.5 or change of market, costs for material, personnel, or logistic or of inflation whether such costs or price increases were passed through to us or not.

(d)  You will find our terms for shipping Goods here: https://www.toyparadise.shop/shipping-policy/. We promise to use reasonable care when fulfilling your order, selecting the Goods, and providing the Goods to the third party shipment carrier, but are not responsible that the goods arrive at a time and in a condition after we provided the Goods to a third party for shipment; provided, that the rules for a refund under 4.3 supersede in the event of a conflict. 

(e)  We may offer discounts (“Discounts”) on the purchase of Goods from time to time. We will use reasonable efforts to provide you with the Goods at the Discount, but cannot promise that at the time of your purchase and our agreement the Discount still applies or is available. At no point are legally bound to provide Goods at a Discount or a formerly advertised Discount or price.

4.2  Security and Collateral. Your Goods will not be processed and fulfilled until fully paid for. In the event that Goods are shipped prior to full payment, we either, as permitted and required by law, retain ownership in the Goods until receipt of full payment or you grant us a security interest in the Goods, which prevails over any other interest, encumbrance, liens, or claims against the Goods. In the event that we have a security interest, you authorize us to submit such documentation with the relevant and respective authorities to perfect the securities on your behalf. 

4.3  Refunds. A purchase of Goods is final and non-refundable, unless expressly agreed otherwise or required by law. The moment your order for Goods has been processed by us, and, if permitted by law, is ready for shipment, or, if not permitted by law, upon your receipt of the Goods, you carry full risk for any damages to or loss of the Goods. In the event that your Goods do not arrive or arrive damaged, we reserve the right to grant a refund. For further support in matters regarding refunds and damages Goods, please send an email to [email protected].

4.4  Shopify Terms. Third-Party Service Provider. Our Shop is run by Shopify. Your purchase of Goods through our Shop and your acceptance of these Terms of Services in order to purchase Goods require your acceptance and full compliance with the terms and conditions of Shopify for use of their platform, see here for their terms and conditions https://www.shopify.com/legal/terms. Further, the foregoing requirement of compliance with third party tools, platforms, and service providers for fulfillment of your purchase of the Goods includes any further third-party service provider required for fulfillment, including, without limitation, payment providers, shipment and logistic companies, insurance companies, and postal services. We cannot promise fulfillment of your order if you do not agree to and comply with their terms and conditions. 

4.5  Shipment Delay. Pre-Orders. Kickstarter. Other Crowdfunding. You acknowledge that our timely, accurate and actual delivery of the Goods is subject to the following: You may have ordered Goods that are being developed and created for the first time; your order may be a pre-order through our crowdfunding campaign and therefore has not yet been produced at the time of your order (which have additional terms, and which govern such purchase in addition); Goods are being developed and shipped from around and across the globe to people in nearby and remote countries; timeliness and completeness of fulfillment of your purchase of the Goods is subject to the current geo-political issues, whether local or global, such as wars, pandemics, ecological disasters, embargos, and other limitations to global production and fulfillment of purchase of physical goods. 

We will use commercially reasonable efforts to fulfill your purchase of Goods, but do not covenant, guarantee, represent, or warrant that in light of the foregoing circumstances, you will receive your order timely or in a form and manner or look, feel, and condition as promised in our crowdfunding or Shop.

5.  REPRESENTATIONS, WARRANTIES, DISCLAIMER, INDEMNIFICATION

5.1  Representations and Warranties. You warrant that 

(a)  you have the full right and power to enter into this agreement and perform any of the actions mentioned throughout our Services;

(b)  you comply with the entire Agreement and, if applicable, any additional terms;

(c)  you comply with all applicable federal, state, and local laws, ordinances, and regulations, as they relate to the Agreement;

(d)  you do not undertake any action which infringes third party rights or constitutes a breach of any contractual obligation to a third party, in particular any third party service providers, such as but not limited to social media platforms (i.e. Instagram and Linkedin);

(e)  any and all information you submit or communicate to us through our Services is truthful, not false, misleading, inaccurate, or constitutes a deceptive or fraudulent act; 

(f)  you omit any action designed to interfere with the proper function of any software, hardware, or equipment of ours, such as but not limited to uploading software viruses, malware, code, or programs; and

(g)  none of your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we won’t be liable for any use or disclosure of your Content, and that your Content shall not violate any third-party rights; and 

(h)  you do not undertake any of the following actions: (a) damage or get unauthorized access to any system, data, password, or other information on; (b) impose an unreasonable load on our infrastructure, or on our third-party providers, whereas we reserve the right to determine what’s reasonable; (c) use any kind of software or device, whether it’s manual or automated, to “crawl” or “spider” any part of the Site; (d) take apart or reverse engineer any aspect of the Service, if applicable in an effort to access things like source code, underlying ideas, or algorithms.

5.2  DISCLAIMER. THE SERVICE AND THE GOODS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THE AGREEMENT. 

(a)  WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. 

(b)  TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE PLATFORMS AND THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE PLATFORM AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE PLATFORM AND THE SERVICE WILL BE SECURE; THAT THE SERVER THAT MAKES THE PLATFORM AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. ANY GOODS PURCHASED AND SHIPPED ARE SHIPPED AT YOUR EXPENSE AND RISK.

5.3  LIMITATION OF LIABILITY. IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER USERS ACCESS OR USE OF THE WEBSITES OR SERVICE, YOUR USE OF THE WEBSITE, AND SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. IN THE EVENT THAT ALL OR PART OF THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU, OUR LIABILITY IS LIMITED TO OUR GROSS NEGLIGENCE WITH A FULL EXCEPTION FOR DEATH, HEALTH AND BODILY HARM. 

5.4  Indemnification. Subject to the terms, conditions, express representations and warranties provided in the Agreement, you agree to indemnify, save and hold us harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein or of your breach of this Agreement, except in the event any such Claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or willful misconduct of us. 

6.  MISCELLANEOUS

6.1  Amending this Agreement. This Agreement and this Section 6.1 cannot be modified by you. We may amend this Agreement at any time for the future. An amendment will come into effect with your receipt of our notice of the change and your continuous use of the Services or part of the Services. 

6.2  Whole Agreement. This Agreement represents the entire understanding between the parties, superseding all prior and outside agreements between the parties with respect to the subject matter contained herein, unless expressly stated otherwise.

6.3  Assignment. Any rights granted hereunder are intended for the benefit of the parties to this Agreement and shall not be exercisable by any person who is not a party to this Agreement. You may not assign this Agreement; we may freely assign this Agreement without your consent and at our discretion.

6.4  Jurisdiction. Any dispute under the Agreement, and your relationship with us under the Agreement, shall be governed by the laws of New York, U.S., without regard to its conflict or choice of laws provisions and any dispute related to the Agreement shall be exclusively resolved in the state, federal, and/or administrative courts in the State of New York.

6.5  Severability. If any provision in the Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.

6.6  Responsible Party. The following Party is the holder of the Services and responsible for your use and access of the Services pursuant to the terms and conditions of this Agreement; and you can reach us at 

toyparadise.shop

[email protected]