TERMS OF USE AND NOTICES

Agreement Between User and Huntar Company, Inc.

The Popular Playthings website ("Popular Playthings Website") is owned, operated, and maintained by Huntar Company, Inc. located in Union City, California ("Huntar Company").

ACCEPTANCE OF TERMS

The Popular Playthings Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Popular Playthings Website, including placing orders to purchase products from Huntar Company, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Popular Playthings Website may also be subject to additional terms as set forth in such section ("Additional Terms").

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Popular Playthings Website or with any terms included with any product purchased from Huntar Company, then these terms shall control.

SITE LICENSE AND ACCESS

Huntar Company grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of Huntar Company. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Huntar Company and/or its affiliates without express written consent of Huntar Company. You may not use any meta tags or any other "hidden text" utilizing Huntar Company’s name or trademarks without the express written consent of Huntar Company. Any unauthorized use terminates the permission or license granted by Huntar Company.

You may not create a link to the Popular Playthings Website without express written permission of Huntar Company. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Popular Playthings Website (www.PopularPlaythings.com) so long as the link does not portray Huntar Company, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Huntar Company logo or other proprietary graphic or trademark as part of the link without express written permission of Huntar Company.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Popular Playthings Website, you will not use the Popular Playthings Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Popular Playthings Website in any manner which could damage, disable, overburden, or impair the Popular Playthings Website (or the network(s) connected to the Popular Playthings Website) or interfere with any other party's use and enjoyment of the Popular Playthings Website. You may not attempt to gain unauthorized access to the Popular Playthings Website, other accounts, computer systems or networks connected to the Popular Playthings Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Popular Playthings Website.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Popular Playthings Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Popular Playthings Website. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between Huntar Company and Huntar Company's business partners and customers ("Business Agreement"), the Business Agreement shall control.

MODIFICATION OF THESE TERMS OF USE

Huntar Company reserves the right to change the terms, conditions, and notices concerning use of the Popular Playthings Website without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Popular Playthings Website. Your continued use of the Popular Playthings Website constitutes your agreement to all such terms, conditions, and notices.

TERMINATION/ACCESS RESTRICTION

Huntar Company reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Popular Playthings Website or any portion thereof at any time, without notice.
You must be at least 18 years of age to transact any business with Huntar Company or to submit any Personal Information to Huntar Company. As such, if you transact or attempt to transact any business with Huntar Company or submit or attempt to submit any Personal Information to Huntar Company, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE POPULAR PLAYTHINGS WEBSITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the Popular Playthings Website.

MATERIALS PROVIDED TO HUNTAR COMPANY

If you submit any feedback, suggestions, posts or other communications (each a "Submission" and collectively "Submissions") to the Popular Playthings Website or to Huntar Company, you are granting Huntar Company, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Huntar Company is under no obligation to post or use any Submission you may provide and Huntar Company may remove any Submission at any time in its sole discretion.

TRADEMARKS

All trademarks and trade dress that appear on the Popular Playthings Website ("Trademarks") are trademarks/trade dress or registered trademarks/trade dress of Huntar Company (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.

The Trademarks are valuable assets of Huntar Company and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Huntar Company and, as such, may only by used by Huntar Company or other authorized persons or entities for the benefit of Huntar Company and only in connection with the products and services authorized by Huntar Company. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Huntar Company, its affiliates, subsidiaries or parent companies is strictly prohibited.

You may not use any of the Trademarks in any manner without the prior written consent of Huntar Company. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

COPYRIGHT

All content that is made available to view and/or download in connection with the Popular Playthings Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, ("Content") and software ("Software"), is owned by and is the copyrighted work of Huntar Company and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the Popular Playthings Website is the exclusive property of Huntar Company and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Huntar Company and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Certain customers and partners of Huntar Company may receive a password from Huntar Company to access certain information on the Popular Playthings Website. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Huntar Company immediately of any unauthorized use of your account or any other breach of security. Huntar Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Huntar Company or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Huntar Company.

LINKS TO THIRD PARTY SITES

The Popular Playthings Website may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under the control of Huntar Company and Huntar Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Huntar Company is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Huntar Company responsible if the Linked Site is not working appropriately. Huntar Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Huntar Company of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings by you with third parties (including advertisers) included within the Popular Playthings Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Huntar Company shall not be responsible or liable for any part of any such dealings or promotions.

SOCIAL MEDIA USAGE TERMS

This section applies to those circumstances where Huntar Company has requested to use some of your social media content for marketing and advertising purposes.

You agree to grant Huntar Company certain rights. You have posted content (photos, video, text) using your social media account that relates to our products (such content, together with your social media username and other publicly-visible identifying information, “Your Content”). Huntar Company has made a request to you via a post in the applicable social media timeline, by direct message, or some other form, asking you to grant Huntar Company permission to use Your Content in its own social media efforts to market and promote its products.

By replying to Huntar Company’s request to you to use Your Content (whether you reply within the timeline of the applicable social media platform, via direct message, or otherwise) with the hashtag #yes, you hereby grant to Huntar Company and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license to copy, display, distribute, modify and store Your Content. You acknowledge and agree that you will not receive any money as compensation for granting these rights, but that you will receive value from being attributed (by your username) as the creator of Your Content.

You own the content you share. By sharing Your Content with us and granting the rights described in the previous paragraph, you do not grant any ownership rights in Your Content. You represent and warrant that you own all right, title and interest in Your Content that you share, including all copyright. You also represent and warrant that the sharing and publication of Your Content does not violate the rights of any other person, including any intellectual property rights.

You have the right to share Your Content. By sharing Your Content, you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.

How we will use Your Content. We have no obligation to use any of Your Content that you share, and we reserve the right to select in our sole discretion which images will be published. Your Content submitted to us may be used on our website and on our social media pages. We also may publish this information in our catalogs, email marketing, point of sale store materials, and in other promotional and marketing materials.

Waiver. By sharing Your Content, you release Huntar Company, from any and all liability resulting from our use of Your Content.

Non-Confidentiality. By sharing Your Content with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove you Content from our site, simply send us an email at sales@popularplaythings.com. Even if we remove Your Content, your waiver of rights will continue to apply to all of Your Content that we have already used.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement here for disclosures relating to the collection and use of your personal information.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE POPULAR PLAYTHINGS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE POPULAR PLAYTHINGS WEBSITE AND TO THE INFORMATION THEREIN. HUNTAR COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE POPULAR PLAYTHINGS WEBSITE AT ANY TIME.

HUNTAR COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE POPULAR PLAYTHINGS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HUNTAR COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT HUNTAR COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE POPULAR PLAYTHINGS WEBSITE. YOU SPECIFICALLY AGREE THAT HUNTAR COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT HUNTAR COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE POPULAR PLAYTHINGS WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL HUNTAR COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE POPULAR PLAYTHINGS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE POPULAR PLAYTHINGS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE POPULAR PLAYTHINGS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE POPULAR PLAYTHINGS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HUNTAR COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, HUNTAR COMPANY'S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO HUNTAR COMPANY TO ACCESS THE POPULAR PLAYTHINGS WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST HUNTAR COMPANY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE POPULAR PLAYTHINGS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE POPULAR PLAYTHINGS WEBSITE.

INDEMNIFICATION

You agree to indemnify and hold Huntar Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Popular Playthings Website and/or any information (text or graphical), software, or products obtained through the Popular Playthings Website and/or from Huntar Company.

APPLICABLE LAW

All disputes against Huntar Company, including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; Huntar Company's trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of California, U.S.A. and shall be submitted to a state or federal court in the State of California, including but not limited to the courts in Alameda County, California, U.S.A., and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the Popular Playthings Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Huntar Company with respect to the Popular Playthings Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Huntar Company with respect to the Popular Playthings Website.

ELECTRONIC RECORDS AND COMMUNICATIONS

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CUSTOMER SERVICE

If you have any questions, comments, or concerns, please contact our customer service department, Monday through Friday via email at sales@popularplaythings.com or by telephone at 510-675-9898.