ACCESS TO THE SITE
In addition, you hereby represent and certify that you are at least eighteen (18) years of age. If you do not or cannot agree to the terms, you are not authorized to use the site or any of the services offered through the site. Toy Kingdom (“we”, “us”, “our”) reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these terms, and to impose new or additional terms and conditions on your use of the site from time to time.
Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these terms as "additional terms") shall be effective immediately and incorporated into these terms upon notice thereof, which may be given by any reasonable means including by posting to the site.
Your continued viewing or use of the site following such notice shall be deemed to conclusively indicate your acceptance of any and all such additional terms.
If you use this site, you are responsible for maintaining the confidentiality of your account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities and all the content you post and/or submit that is under your account and/or password.
You represent and warrant that any information and/or material you post or provide to Toy Kingdom by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights and offered in good faith.
You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines, scripts, or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Site.
INFORMATION DISCLOSED VIA THE SITE
ToyKingdom.ph attempts to be as accurate as possible when posting information on the Site. However, ToyKingdom.ph does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. All features, content, specifications, products, and prices of products and services and/or programs described or depicted on the 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. ToyKingdom.ph shall 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.
Furthermore, it is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided.
The inclusion of any products or services on this Web 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 the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs, and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
Information provided on the Site is believed to be reliable when posted. However, Toy Kingdom cannot guarantee that information will be accurate, complete, and current at all times. All information in the Site is subject to modification from time to time without notice.
Toy Kingdom has used its discretion, best judgment and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available herein, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.
ACCURACY OF INFORMATION
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise. 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.
USE OF THE SITE
The design of the Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site 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. The software and other technology components of the Site are © 2008-2012, Toy Kingdom, Inc. or its affiliates and suppliers. The contents of the Site are © 2008-2012, Toy Kingdom, Inc. or its respective affiliates and suppliers. All rights reserved. Toy Kingdom also owns a copyright in the Site as a compilation. You may not modify the information or materials displayed on or that can be downloaded from the Site 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. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of Toy Kingdom or its affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including Toy Kingdom and its affiliates. Nothing contained on the Site 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 Site without the written permission of Toy Kingdom or such other owner.
LINKING TO THE SITE
Creating or maintaining any link from another web site to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rule and regulations.
THIRD PARTY LINKS
From time to time, the Site may contain links to web sites that are not owned, operated or controlled by Toy Kingdom or its respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this web Site, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Listed prices are based on ToyKingdom.ph’s regular pricing. Items in your shopping bag or shopping cart (collectively “cart”) will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time; prices are reserved only by placing an order and paying for that order.
Discounts are limited-time offers and are not valid with other offers.
Your use of the site is at your risk. The information, materials and services provided on or through the site 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 Toy Kingdom nor any of its respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through the site. The information, materials and services provided on or through the site may be out of date, and neither Toy Kingdom nor any of its respective 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 site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim 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 site. Without limiting the generality of the foregoing, 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 any consumer. 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.
Toy Kingdom does not warrant that any part of the site will operate uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the site and access to the site will be uninterrupted, continuous or error-free. We do not warrant or make any representations regarding the use or the results of the use of the site in terms of its quality, correctness, accuracy, reliability, or otherwise. You should therefore verify any information obtained from the site before acting on it. Except as otherwise expressly provided, Toy Kingdom expressly disclaims any responsibility for the accuracy, content, availability of information, products, services or merchandise found on third party sites that link to or from the site. We disclaim any responsibility for product or service ordering functions, order fulfillment or compliance of products or services with any manufacturer's warranties or specifications. Toy Kingdom cannot be held responsible for the material contained on third party sites and/or related services nor does toy kingdom make any representations or warranties as to the security of any information you might be requested to give to third party sites.
LIMITATIONS OF LIABILITY
Toy Kingdom does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. In no event will Toy Kingdom or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, 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 out of the use, inability to use, or the results of use of the site, any web sites linked to the site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with the site or any content, you agree that your sole remedy is to cease using the site. In the event of any problem with the products or services that you have purchased on or through the site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on the site.
REVISIONS TO THESE TERMS AND CONDITIONS
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Site.
You shall indemnify, defend and hold harmless Toy Kingdom and its sponsors, business affiliates, vendors, content providers, subsidiaries, related entities, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the site in violation of these terms or the infringement by you of any intellectual property rights of any person or entity.
GOVERNING LAW AND ARBITRATION
The laws of the Philippines (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in the Philippines. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to your access to, or use of, the site including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or courts located in Pasay City, Metro Manila, Philippines.
WAIVER AND SEVERABILITY
Furthermore, no delay or omission by Toy Kingdom to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Toy Kingdom. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us through our Contact Us page