TERMS AND CONDITIONS
These Terms and Conditions govern all use of the website –www.beamazingtoys.com (the “Site”). The terms “you”, “your”, and “yours” refer to anyone accessing or using the Site. The terms “Be Amazing Toys”, “we”, “us”, and “our” refer to BAP Investors, L.C., DBA: Be Amazing! Toys. Any violation of these terms and conditions will subject the violator to having his/her account revoked or being blocked from accessing or using the site.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site. We reserve the right to change these terms and conditions at any time. Your access or use of the Site after changes have been made constitutes your acceptance of those changes.
This Site is operated by Be Amazing! Toys. We are a company incorporated in Utah and our principal place of business is located at 1741 Cornell Cir. Salt Lake City, UT 84108, USA.
PRIVACY, SHIPPING AND RETURNS POLICIES AND CONTACT INFORMATION
The Site’s Privacy, Shipping and Returns policies can be found on the Site under the tab labeled “CONTACT”. These policies are incorporated by reference into these Terms and Conditions. Any questions regarding your use of the Site or the products for sale on the Site may be directed to us at the contact information on this tab. We reserve the right to change our Privacy, Shipping and Returns policies. Your continued access and use of the Site constitutes your acceptance of any changes.
INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION
“Be Amazing!,” “Be Amazing! Toys,” “Be Amazing” and other marks on the site, whether or not they are designated a “TM”, “R”, “SM” or other designation, are registered, pending or unregistered trademarks or service marks. The look and feel of the site, including the graphics, logos, page headers, button icons, and scripts is our trade dress. Our trademarks and trade dress may not be used in any manner that is likely to cause public confusion, disparage us or damage our reputation. All trademarks not owned by us that appear on the Site – including the trademarks of products offered on the Site — are the property of their owners, who may or may not be affiliated with or sponsored by us. You may display a hypertext link to the Site provided that the link does not state or suggest that your site is sponsored by or affiliated with us.
The photos, text, video, software, source code and other content on the Site is protected by U.S. Copyright law. Additionally, the Site itself is protected under U.S. Copyright law as a compilation and a collective work. Except as allowed by the “fair use” privilege of the U.S. Copyright Act, you may not reproduce, distribute, perform, display or make derivative works of the Site or any part thereof without the express written consent of the Copyright holder. If no express prohibitions are posted on the Site, you may make copies of portions of the Site for personal use provided you maintain any copyright notices, trademark legends, or other proprietary rights notices that appear on those portions of the Site.
You are prohibited from copying account information or capturing any of our intellectual property or proprietary information through data mining, screen-scraping, “bots,” or similar data gathering and extraction tools. Other than page caching, you may not download or modify the Site or any portion of it without our express, prior written consent.
If you open an account on the Site, you are responsible for maintaining the confidentiality of the information you submit through and the corresponding password and for restricting access. You agree to accept responsibility for all activities that occur under your account. We reserve the right to refuse service, terminate accounts and to remove or edit content you submit through your account.
DISCLAIMER OF WARRANTY
We do not warrant that use of the Site will be uninterrupted or error-free; it is provided “as is” on an “as available” basis. We disclaim all express and implied warranties, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. You agree that your use of the Site is at your own risk.
LIMITATIONS OF LIABILITY
Under no circumstances shall we be liable for any indirect, incidental or consequential damages that result from the use of or inability to use the Site. The foregoing limitation of liability shall apply to the full extent permitted by applicable law, even if an authorized representative of Be Amazing! Toys, Inc. knows or should know that such damages are possible.
You may not use the Site to post or transmit any infringing, threatening, abusive, harassing, obscene, sexually explicit, profane or otherwise objectionable material, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
We reserve the right but do not assume the obligation to remove any violative communications or postings from the Site and, in our sole discretion, to cancel the account of anyone suspected of posting or transmitting such communications.
By purchasing products on the Site or providing us with any information, you represent that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
Although the Site is not intended for minors, we cannot prevent minors from accessing or using it. Parents, guardians and those responsible for supervising minors are responsible for their use of the Site. All purchases made through the Site must be made by users who have reached the age of majority and can legally enter into binding contracts or by persons under the supervision of such users.
LAW AND VENUE
You agree that all transactions made through the site will be governed by the laws of the State of Utah, USA, without regard to principles of conflict of laws. You agree that the state and U.S. Federal Courts in Salt Lake County, Utah shall be the exclusive venue for any legal action relating to your use of the Site or any purchases made thereon and you consent to the personal jurisdiction of said courts.
These terms and conditions were last updated on December 19, 2014.