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Terms and Conditions of Website Use

April 2014

 

Welcome to our site. This Website is provided by The Madame Alexander Doll Co. dba,  Alexander Doll Company, (the “Company”) and is the official Madame Alexander website to learn and shop the wonderful world of Madame Alexander Dolls.

 

  • As a user of this Website you are subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.

 

Right to Use this Website

  • Using the Website, grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to The Madame Alexander Doll Co, dba Alexander Doll Company, Inc.(the “Company”) and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content").
  • The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of the Company and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

 

Copyrights

  • All Content, except for User-Generated Content is copyrighted, and it is either owned or used with permission by the Company disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with the Company. Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content.

 

Trademarks

  • The trademarks, logos, and service marks displayed on this Website are owned by the Company and third parties, and this Website's trade dress is owned by the Company(collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by the Company are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.

Materials Provided via www.Madamealexander.com

  • By posting, uploading, inputting, providing or submitting your Submission  via www.Madame Alexander.com, you are granting the Company and affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet 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. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time as the sole discretion of the company.
  • You grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by the Company, Inc. in this User Agreement, do not and will not infringe any right of any third party.
  • When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Online Shopping

  • This Website and other Affiliated websites may offer online capabilities to purchase products (such as toys) and services.  You must be 18 years of age or older to make any such purchases. As to products featured on this Website, please note that we make every effort to display as accurately as possible the products that appear on the Website.

Taxes

  • You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from the Site.

 

User Restrictions

  • You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.

 

Investigations; Cooperation with Law Enforcement; Termination

  • The Company reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

 

Disclaimers and Limitations of Liability

  • This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. This website is provided to you "as is" and "as available", without warranty of any kind, either expressed or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, the Company does not warrant that this website will meet your requirements or achieve a particular result, or that your use of this website will be unintertupted or error-free, or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website or the material contained on this website results in your need to service or replace any property, material, equipment, data, or other item,  the Company will not be liable for those costs. The Company will not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your use of this website.
  • Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

 

Links to Third Party Sites / Third Party Services

  • The www.Madamealexander.com (the Site) may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Site, and the Site 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. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators.
  • Certain services made available via www.Madamealexander.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.Madamealexander.com domain, you hereby acknowledge and consent that the Site may share such information and data with any third party with whom the Site has a contractual relationship to provide the requested product, service or functionality on behalf of www.Madamealexander.com users and customers.

 

Indemnity

  • You agree to indemnify, defend, and hold harmless the Company, including affiliates and subsidiaries, its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.

 

Revisions to this Website and this User Agreement

  • The Company may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website.  The Company may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.

 

Operation of Website; Availability of Products and Services

  • The Company, controls and operates this Website from its headquarters in New York, New York in the United States of America, and makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.

Jurisdiction, Venue, and Alternative Dispute Resolution

  • Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and the Company will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by the Company relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in New York, New York. Accordingly, you consent to the personal jurisdiction of the courts in New York County, New York with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by the Company to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, operations, and/or products or services caused by your act or failure to act.

Severability

  • If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.