guidelines for use of the Spring Creek Toys Website (the "Site") and the
services offered on it. This TOU constitutes a legally binding contract
between the user ("you" or "your"), on the one hand, and Spring Creek Toys
and its, suppliers and providers, (collectively "we", “us" or "our"), on the
other hand. Please read this TOU carefully before using the Site or activating
an account with us. By using the Site or completing a purchase, you acknowledge
that you have read this TOU, understand it and agree to be bound by its terms,
conditions and guidelines, as we may amend from time to time by posting any
revised TOU on the Site.
Our use of your personal information collected on the Site is governed by the terms of the
While we cannot prevent children under 13 from viewing the Site, children
under the age of 13 may not use or register for the services offered on the
Site or purchase merchandise through the Site. We strongly encourage parents
and guardians to supervise the activity of all children under the age of 18
when using the Internet.
We accept orders from anywhere in the continental United States, Hawaii and Alaska,
but we ship only within the continental United States. We do not accept orders from
international locations, including Guam, the U.S. Virgin Islands and Puerto Rico.
The risk of loss and title for all items ordered on Spring Creek Toys passes to you
when Spring Creek Toys delivers the merchandise to the shipping carrier. Our shipping
and handling policies are set forth in greater detail here. The amount of tax charged
to an order will be calculated based on the Billing Address and Texas State sales-tax
laws. We currently accept Discover, Visa, and MasterCard and American Express. We
reserve the right to change our billing and payment procedures at any time by posting
the new procedures on the Site. Because we begin processing your order almost immediately
after you place it, we cannot change or cancel an order once it is shipped. All product
returns are subject to the Spring Creek Toys return policy.
You agree that all billing and registration information you provide on the Site will be accurate and complete.
Your provision of inaccurate or incomplete information constitutes a material breach of this TOU.
For certain activities you conduct on the Site, you will receive or have received an account name and a password.
We retain ownership of your account and license it to you on a limited, nonexclusive basis for the duration of
your account activation. It is solely your responsibility to keep your account information and password secure.
You must not disclose your password to anyone except persons whom you have authorized to use your account, and
you assume all resulting liability from use of the Site for such authorized person(s). You agree to notify us
immediately of any unauthorized use of your account or any other breach of security of which you know or suspect.
WE DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.
You agree to use the Site and all related services only for lawful purposes and not to allow others to use your account
for any unlawful purpose. Use of the Site in violation of any applicable law, regulation, ordinance, or other rule imposed
by any governmental authority is prohibited.
You agree to indemnify and hold us and our subsidiaries, affiliates, partners, telecommunications providers, service providers,
officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or
arising out of your use of the Site or any related services, any Contributed Content, your violation of the TOU, or your violation
of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual
property rights, privacy rights, or other rights of any person or entity.
IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD
PARTIES AFFILIATED WITH US BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXtrAORDINARY,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF
THE USE OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE RESULTS OF SUCH SERVICES,
OR ANY INFORMATION CONTAINED ON THE SITE OR IN SUCH SERVICES, WHETHER SUCH DAMAGES ARE
BASED ON WARRANTY, CONtrACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY AND THE AGGREGATE
LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE PROVIDERS, OR THIRD-PARTY AFFILIATES, ARISING
FROM OR RELATING TO THIS TOU (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONtrACT,
WARRANTY, TORT, StrICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY)
IS LIMITED TO ONE-HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
THE SITE AND ALL RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO ATISFACTORY QUALITY, PERFORMANCE, ACCURACY,
AND EFFORT IS WITH YOU. EXCEPT FOR THE EXPRESS WARRANTIES EXPLICITLY PROVIDED HEREIN,
NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, ANY INFORMATION
MADE AVAILABLE BY OR THROUGH THE SITE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
SITE, OR ANY trANSACTIONS ENTERED INTO BY USE OF OR THROUGH THE SITE. TO THE EXTENT PERMITTED
BY LAW, WE AND OUR PARTNERS, PROVIDERS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. NEITHER WE NOR OUR PARTNERS, PROVIDERS,
OR AFFILIATES WARRANT THAT USE OF THE SITE OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, AVAILABLE
AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR OUR PARTNERS, PROVIDERS OR AFFILIATES WARRANT THAT THE SITE OR ANY RELATED SERVICES WILL
MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED. FURTHERMORE, NEITHER WE NOR OUR PARTNERS,
PROVIDERS, OR AFFILIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE
OR AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF ANY INFORMATION AVAILABLE ON OR
THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN
We are a distributor (and not a publisher) of any content supplied by third parties and
incorporated within the Content. We have no control over such third-party content, do
not endorse it, and are not responsible for its completeness, accuracy or reliability.
Any information, advice, opinions, or statements contained within such third-party content
are attributable to the author of such content and not to Spring Creek Toys. While we have
no obligation to monitor third-party content, we expressly reserves the right to edit or
remove any third-party content we deem to be inappropriate.
AMENDMENTS AND CORRECTIONS TO CONTENT
We do not guarantee the accuracy, completeness or reliability of information appearing on
the Site. The Site may contain errors and omissions relating to product description,
pricing and availability. We reserve the right to correct or update errors or omissions
and to change information at our discretion without prior notice. We also reserve the right
to cancel an order for a product in the event of an error or omission in the description of
such product, including incorrect pricing information, whether due to a typographical error,
an error in information received from our suppliers, or otherwise. By using the Site, you
agree to hold us harmless from any claims relating to errors or omission on our Site.
Please also note that at any time, if we determine that you have abused or violated the
letter or intent of any of these terms, conditions or guidelines, or any applicable law,
we reserve the right to terminate or suspend your access to the Site and all related services,
initiate an investigation, remove materials from our servers, issue a warning, block any
prohibited activity, and take any other responsive action. Users who violate this TOU may
additionally incur criminal and/or civil liability.
Please note that we may change this TOU at any time by posting the modified TOU on the
Site, or by otherwise notifying you of such change. Use of the Site after such changes
are posted constitutes acceptance of all changes.
The TOU shall be governed by and construed in accordance with the laws
of the state of Texas as it is applied to contracts entered into by
residents of the state of Texas. You also consent to the exclusive
jurisdiction of and waive all objections to venue in the U. S. District
Court for the Northern District of Texas or in the Circuit Court for Tarrant
County, Texas, and to the exercise of personal jurisdiction of the courts
therein. If any provision(s) of the TOU is found to be contrary to law, then
such provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties, with the other provisions remaining in full force
and effect. Our failure to exercise or enforce any right or provision of the
TOU shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by us in writing. You and we agree that any cause of action arising
out of or related to this TOU or the Site must commence within one (1) year after
the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in this TOU are solely used for the convenience of the parties
and have no legal or contractual significance. This TOU (including the Spring Creek Toys
the entire agreement between you and us with respect to the subject matter herein and
supersede any and all prior or contemporaneous oral or written agreements. You may not
assign this agreement to any other party.
POLICY FOR CLAIMS OF INFRINGEMENT OF COPYRIGHTED MATERIAL
If you believe that material is posted on the Site in a manner than infringes your copyright, please
notify us by providing the following information in writing to our Copyright Agent:
A physical or electronic signature of the owner of the allegedly infringed copyright or such owner's
authorized representative. A description of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at issue, a list of such works. A description of the material on the
Spring Creek Toys site that is claimed to be infringing or to be the subject of infringing activity,
and information reasonably sufficient to permit us to locate the material. The address, telephone number,
and, if available, an electronic mail address at which you may be contacted. A statement that you have a
good faith belief that use of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law. A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly