Date: June 18, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS ONLINE SERVICE. THEY GOVERN YOUR USE OF THE ONLINE SERVICE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE ONLINE SERVICE. Your use of this Site or App constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. Jada Toys may change, edit, modify, delete, revise, or update the Terms from time to time without notice, and your use of this Site or App after any changes, edits, modifications, deletions, revisions, or updates posted to the Site or accessible through an App constitutes your agreement to comply with the posted Terms.
Additional terms and conditions may apply to other Jada Toys services, such as third-party service provider agreements, or rules for sweepstakes and contests, purchases, services, or other online activities (“Other Services”). Similarly, additional terms may also cover access to certain content or software accessible through the Jada Toys or Jada Next Level websites or [Apple iOS, Google Android, or Microsoft Windows-powered devices]. Such “additional” terms and conditions will be disclosed to you in connection with such Other Services. All Additional terms that are in addition to these Terms and, in the event of a conflict, will prevail over these Terms. If you access Jada Toys content using an Apple iOS, Google Android, or Microsoft Windows-powered device, you agree that your access to the Jada Toys Services using these devices also shall be subject to the usage terms set forth in the applicable third-party terms of service.
ALL DISPUTES BETWEEN YOU AND JADA TOYS MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
Jada Toys may immediately terminate this agreement with you (including your access to the Jada Toys Sites) if you breach any provision of these Terms.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site or App are the registered and/or unregistered Trademarks of Jada Toys, and such third parties that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site or App without the written permission of Jada Toys or such third party that may own the displayed Trademarks.
3. Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, characters, animation, application functionality, chat transcripts, or any other digital media, and their arrangement on this Site or App (“Content”) are all subject to patent, copyright, trademark, and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to App and/or use of this Site is solely for personal use, information, education, entertainment, and communication with Jada Toys. You may download, copy, or print the Content of this Site or App for your personal non-commercial use only. No right, title, or interest in any of the Content of this Site or App is transferred to you as a result of any accessing, downloading, copying, printing or use of an App or this Site. All Jada Toys character(s), related items, and accounts created or used in or on any Jada Toys Site or App are and shall remain the property of Jada Toys or its licensors and cannot be sold, licensed, assigned, transferred or loaned to third-parties.
4. Prohibited Uses.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site, App, or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site or App, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, mailbomb, phish, track, pharm, pretext, spider, crawl, use cheat codes or programs, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site or App, other websites, apps or the Internet, including without limitation, password protected accounts or access. We reserve the right to terminate your use of the Site or App for violating any of the prohibited uses.
Jada Toys retains the right, but not the obligation, to log, modify, monitor, post, remove, review, screen, store, and track (“Compliance Investigations”) Submissions or communications sent through Jada Toys services, at any time and for any reason, including to ensure that the Submissions or communication conform to these Terms. These Compliance Investigations may take place without prior notice to you. Jada Toys is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
5. Registration, Subscriptions, Accounts and Passwords.
Some Jada Toys services permit or require you to create an account to participate in additional entertainment services. By registering for such services, you agree where relevant to provide accurate, complete and current information, including, without limitation, your date of birth, payment information, and contact information for notices. You agree not to impersonate or misrepresent your affiliation with any person or entity, including, without limitation, using another person’s username, password or account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including, without limitation, the contact information for a parent or guardian. Jada Toys reserves the right to restrict or prohibit inappropriate or infringing usernames.
You are responsible for the personal protection and security of any password or username that you may use to access this Site or App. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Jada Toys.
6. Site and App Updates.
Jada Toys undertakes no obligation to update, amend or clarify information on this Site or App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site or App should be taken to indicate that all information on the Site or App has been modified or updated. Please remember when reviewing information on this Site or App that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site or App may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Jada Toys reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information if any information on the Site or App is inaccurate.
7. Product and Pricing Information.
This Site, App, Content, and product information are intended to comply with U.S. laws and regulations. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of Jada Toys. Jada Toys reserves the right to discontinue any product at any time.
8. Limitations on Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT JADA TOYS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF JADA TOYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JADA TOYS TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED TEN DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JADA TOYS, ITS PARENT, AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
JADA TOYS RESERVES THE RIGHT TO ALTER OR REMOVE APP OR SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND JADA TOYS WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD JADA TOYS, ITS PARENT COMPANY, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TERMS.
The Terms will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in these Terms to the contrary, the parties understand and agree that all terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of this Terms will survive termination of the Terms and will be enforceable by the parties, including but not limited to Sections 2, 3, 8 and 9. Jada Toys may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site or APP, if in Jada Toys' sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or Jada Toys, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms or otherwise.
12. Arbitration; Choice of Law and Forum; Electronic Communications.
For all other claims, these Terms will be governed and construed in accordance with the laws of the State of California, USA, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site, App or Terms that may be referred to a court of law, you submit to exclusive personal jurisdiction and venue of the courts located in Los Angeles County, California.
13. Notices and Electronic Communications.
This Site is controlled and operated by Jada Toys, 938 South Hatcher Avenue, City of Industry, CA 91748. Should you have any questions concerning these Terms, or if you desire to contact Jada Toys for any reason, our telephone number is 626-810-8382. Please send any comments or complaints regarding this Site by e-mail or postal mail addressed to the local office shown on the contact page. Please e-mail any questions regarding Site privacy to cs@JadaToys.com.
When you visit this Site or App, or send e-mails or text messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text message, push notifications services or by posting notices on this Site. 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.
14. Privacy Statement.
15. No other Agreements.
By agreeing to the Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence, and you have given Jada Toys your consent to allow any of your minor dependents to use this Site or App. The provisions and conditions of the Terms constitute the entire agreement between you and Jada Toys related to the use of the App or Site and supersedes any prior agreements or understandings not incorporated in the Terms. The Terms are effective as of the Effective Date. Continued use of the Site or App by you after the Effective Date constitutes your acceptance of the Terms after the Effective Date.
You may not transfer or assign your rights or delegate any of your obligations under these Terms without Jada Toys’ written consent.
JADA TOYS INC.
Date: June 18, 2021
1. Personal Information Collection
Jada Toys may collect personal information like name, telephone or cell phone number, email address, date of birth, home address, and details regarding your mode of payment, e.g., credit/debit card or account information, when you access certain areas of the Site that require registration or payment for products and services, or if you require more information about those services. Under certain laws, such as the Children’s Online Privacy Protection Act (COPPA), personal information may also include video, photos, voice, geo-location or GPS location data, and persistent identifiers like third-party persistent cookies, IP addresses that may be used to recognize users over time, and across different web sites or online services. Other information that we may collect when you use an App includes unique device identifier (“UDID”), international mobile equipment identity (“IMEI”), mobile equipment identifier (“MEID”) or media access control (“MAC”) address; operating system information such as Microsoft Windows, Mac OS or iOS, Android); and your browser type, such as IE, Chrome, Safari, and Firefox.
While we take all reasonable steps to protect the privacy of our website visitors, we cannot promise that the current limitations of our online applications programming will address every browser setting or honor every personal browser preference.
At other times, Jada Toys may collect information that cannot be used to directly identify you, such as browser access times, referring URLs, dynamic IP addresses and similar non-personally identifiable information. For example, we may collect and aggregate non-personal information about you and other customers who visit certain areas of our Site. Aggregated information will not contain any information that can be linked directly back to you.
2. How Jada Toys Collects Personal Information
Jada Toys may also collect additional information from your web browser each time you visit our Site. We may collect information on the pages that you visit, the promotions or advertisements that you click on, and log or track other actions that you take while using our Site.
Our Internet Service Providers (defined below) may also use other standard web-based technologies to analyze your movements while accessing our Site. The technologies include analytic solutions, third-party analytic cookies, web “beacons,” “pixel tags,” and “clear gifs.” These technologies help us ascertain the effectiveness of our product and service campaigns and marketing programs, allow us to customize the services offered on or through our Site, and help determine the best use for Site content, and product and service offerings. Some of this information, including the IP address, may be stored on our Internet Service Provider’s or other third-party server logs, and may be available for extended periods of time.
3. Our Use and Disclosure of Your Personal Information
Jada Toys uses the services of independent companies to provide certain services to you, including, without limitation, website hosting services, registration processing, and Internet connectivity services (“Internet Service Providers”). Jada Toys may share your personal information with the Internet Service Providers as appropriate. We do not share personally identifiable information with outside, non-affiliated third parties without your consent, except to the extent necessary to complete your request for services offered through this Site.
Jada Toys may use your personal information to contact you via mail, email, or telephone in order to give you updates about Jada Toys’ special promotions, new services, for identification or participation in our online services, for notices or communications regarding contests or competitions, or sweepstakes, or other events that may be of interest to you. We also use return email addresses to answer the email we receive from you. Your email address will not be used for any other purpose or shared with outside third parties for their direct marketing purposes. We may also use your IP address to help protect Jada Toys and our Internet Service Providers from fraud.
Additional uses of your non-personal and personal information will allow us to tailor products and services specific to your needs, to help organize and manage your customer relationship and our business, to conduct business, to provide you with customer support, to perform functions that are described to you at the time of collection, and to enforce our Site’s Terms.
We may also use non-personal aggregate information to improve our Site. For example, our Internet Service Providers may report to us that there were a particular number of visitors to a certain area of our Site, or that a certain number of men or a certain number of women completed our registration form in particular areas of our Site. Such information may also be used to analyze the effectiveness of our business and advertising models.
Jada Toys may also disclose your personal information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; (g) to protect personal safety; or (h) as otherwise required by law or permitted by law. We may disclose or transfer your information in connection with the sale or merger of Jada Toys or any transaction that involves the sale or assignment of some or all of our assets.
4. Other Third-Party Data Collection
5. Data Storage and Security
Jada Toys makes reasonable efforts to ensure that our Internet Service Providers have implemented physical, electronic, and procedural security measures to assist with safeguarding your personal information, and to help protect against unauthorized access and disclosure. Only our authorized personnel and our Internet Service Providers who perform legitimate business functions for Jada Toys are authorized to access your personal information.
Notwithstanding our efforts, the Internet and online services have inherent security risks. Jada Toys cannot promise, and you should not expect, that your personal information, personal searches, and other communications will always remain secure. You should take care with regard to how you handle and disclose your personal information or any username or password that you are required to use to access services on this Site or online service.
6. Children and Data Collection
Areas of this Site that require registration will ask you for your date of birth. If you are 13 years or older, we may process personal data such as your first and last name, address details, phone number, cell phone number, email address, credit card or other payment information, username and password, date of birth, and gender. This information, as a general rule, is collected through registration forms that appear on our Sites or in our Apps. We will also process information about your purchases with us, marketing preferences, and your use of Jada Toys related websites. We use your personal data to send you regular email newsletters, to send you marketing offers via catalogues, emails and text messages, to analyze customer behavior and to customize our communication with you. We will also use your personal data to update your profile periodically to ensure that we have the most accurate personal data available.
When a parent or legal guardian completes a child’s registration or otherwise provides us with a child’s personally identifiable information, Jada Toys will consider this to be: (1) “direct notice” to you regarding personal data collection; and (2) your consent to the use of your child’s information for our purposes and marketing communications. The data will be used only for Jada Toys related services, and will not be sold, rented, or otherwise disclosed to any company outside of Jada Toys, its affiliated marketing partners, and companies acting as our agents to help us provide services requested by you or the child. We will process personal data such as the child’s first and last name, mailing address, gender, date of birth, email address and phone number, as relevant to the services that have been requested.
Parents or legal guardians who have questions about personal information that may have been submitted by a child, or to exercise the rights as set forth above, should email us at cs@JadaToys.com or contact us at 626-810-8382
7. How You May Access and Change the Information that Jada Toys Collects
The first time that you provide us with registration information through our Site, you may be offered the opportunity to subscribe to and receive additional information about our products and services. All data is processed by Jada Toys. The data will be used to provide to you our products and services, in addition to invoicing and communicating with you with regards to other services you may be interested in.
We do use a third-party digital marketing agency, who act as a data processor. They do not use your personal data unless we have instructed them to do so otherwise. They do not share your personal information with any organization or external third party. They do not store data and can only access the web or cloud-based systems where data is stored.
Each marketing email that we send to you, will offer you the opportunity to opt-out of continuing to receive such messages.
8. How You May Opt-Out
If consent has been given, Jada Toys may also send you marketing emails or contact you with details of other products or services we think may be of interest to you. Following consent to receive marketing communications, you may opt out at any point. You have a right at any time to stop us from contacting you for marketing purposes.
If you no longer wish to be contacted for marketing purposes, please contact cs@JadaToys.com.
9. How You May Have Your Information Erased
You may request and receive confirmation as to whether or not personal data concerning you is being processed and for what purpose. You may also request that your personal data be erased and that we refrain from sharing your information. Requests may be sent via email to cs@JadaToys.com.
If you have subscribed to our marketing database but are inactive (do not open or click on a link within our email communications) for 152 days or longer, we will automatically remove you from the database.
10. Data Privacy For California Residents
Under California law, as of January 1, 2020, you are entitled to ask if we have records of your personal information, what that information may be, and to have it deleted from our records. If you want to make such an inquiry, please complete the request form.
11. General Information and Privacy Support Contact