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AvasPlayroom.com (Ava’s Playroom)
These Terms of Use (“Terms”) are a contract between you and us and govern your access to and use of our website or services made available through our website (collectively, the “Site”). The terms “you,” “your,” and “yours” refer to any person who uses the Site. Please read these Terms carefully before accessing and using the Site.
By using the Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not use this Site. In addition, when you use any of our services or offerings, you may be subject to additional guidelines and terms applicable to those services or offerings. We reserve the right to amend these Terms from time to time. All amendments will be effective upon the posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by these Terms, as amended.
By accessing the Site, you represent and warrant that you are eighteen (18) years of age or older and have the legal capacity to enter into these Terms and have not been suspended or removed from the Site.
All products, prices, specifications and content depicted on our Site are subject to change without notice. The descriptions of products, measurements or other characteristics are approximations and provided for your convenience. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
You understand that there is inherent risk in using certain products and you agree to use the products you purchase in a safe and lawful way.
Users of the Site are encouraged to be respectful and abide by all applicable laws, rules and regulations. Failure to comply with the following rules will result in a termination of your access to the Site.
By accessing the Site, you agree not to:
· Use this Site for unlawful purposes;
· Impersonate any person or entity;
· Harass, threaten, or defraud users or staff of our company or our vendors;
· Infringe upon any patent, trademark, trade secret, copyright or other proprietary right of the Site or any other party;
· Misrepresent the source, identity, or content of information transmitted via the Site;
· Take any action that would undermine any aspect of the Site;
· Transmit to the Site any virus or other program that may damage or impair the use of our or our users’ hardware, software or equipment;
· Take any action that would inhibit any other users’ enjoyment of the Site; or
· Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site.
The Site is owned and operated by Ava’s Playroom. This Site and its entire contents, including visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Site provided by us (the “Materials”) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Materials on the Site are our copyrighted property.
If you create anything using our Materials, you agree that we exclusively own all right, title and interest in and to such Materials, including without limitation any modifications or derivative work based off of the use of our Materials. You further agree to assign any interest or right you may have in such Materials to us, and to provide information and execute any documents to formalize such assignment.
All trademarks, service marks, and trade names (each, a “Mark”) are proprietary to us. You agree not to use our Marks in connection with any product or service that is not ours in any manner that would likely cause confusion or discredit us or anyone else. All other Marks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
These Terms permit you to use the Site for your personal use only. We grant you a limited license to access and to make personal use of the Site. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
You agree to pay all costs associated with using the Site and purchasing the services or products provided by us. The price for the services or products will be made available at the time of purchase.
We accept credit card payments. By submitting your order to purchase the services or products, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically.
We want you to be absolutely satisfied with your purchase! If you are not, you have 365 days to let us know so we can send you a replacement. Please email us atsupport@avasplayroom.com and we would be happy to help you with your return.
If you submit user comments or suggestions to us, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE STRIVE TO PROVIDE YOU WITH ACCURATE, COMPLETE AND UP TO DATE INFORMATION, BUT WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF ANY INFORMATION PROVIDED ON THIS SITE. WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SITE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
You will defend, indemnify and hold harmless Ava’s Playroom, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your access, use or conduct on the Site, any content you provide or your violation of these Terms.
If you violate any of these Terms (which include by reference our Privacy Policy), or otherwise violate an agreement between you and us, we may prohibit you from using or accessing the Site, in our sole discretion.
Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.
You agree that these Terms and any dispute under these Terms is governed by the laws of Florida, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Jacksonville, Florida, U.S.A. You waive any jurisdictional, venue, or inconvenient forum objections.
Jacksonville is based in the state of Florida in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
These Terms constitute the entire agreement between us relating to your access to and use of the Site. These Terms may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. These Terms are for the benefit of the parties and do not confer third party beneficiary rights upon any other person or entity.
If you have any questions, comments, or concerns about this Privacy Policy, please contact us at:
9838 Old Baymeadows Rd. #143 Jacksonville Florida US 32256
Email: support@avasplayroom.com
Last updated: May 14, 2018