Terms

This Website is provided by BORANTCORP.COM ’s and its affiliates and subsidiaries (collectively, “BORANTCORP.COM ” and “we”). Your use of this Website is 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.

1. Right to Use this Website

BORANTCORP.COM  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 BORANTCORP.COM  and its products (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 BORANTCORP.COM  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. Certain products, images, videos, promotional materials, and content displayed on this Website may be intended for users aged fourteen (14) years and older. Users are responsible for reviewing product descriptions, age recommendations, warnings, and safety information before purchasing or using any product.

2. Copyrights

All Content is copyrighted, and it is either owned or used with permission by BORANTCORP.COM . BORANTCORP.COM  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 BORANTCORP.COM .

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. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.

3. Trademarks

The trademarks, character names, artwork, logos and other intellectual properties displayed on this Website are owned by BORANTCORP.COM  (collectively, the “Trademarks”, which also constitute Content). All Trademarks not owned by BORANTCORP.COM  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.

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.

4. Online Shopping

This Website may offer online capabilities to purchase products (such as toys) and services (such as memberships).  As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.

NO PURCHASES BY MINORS

The Website is intended primarily for users aged fourteen (14) years and older. To purchase products through the Website, individuals under the age of eighteen (18) should purchase products only with the involvement, supervision, and consent of a parent or legal guardian. By placing an order through the Website, you represent and warrant that: (a) you are at least eighteen (18) years old; or (b) you have obtained the consent of your parent or legal guardian to make the purchase. We  reserve the right to refuse, cancel, or limit any order where age eligibility, authorization, or compliance with these Terms cannot be reasonably verified.

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 BORANTCORP.COM . Risk of loss and title to products pass to you upon delivery to the carrier, unless otherwise required by applicable law.

SHIPPING AND PROCESSING; INSURANCE

You are also responsible for paying all shipping and processing charges relating to your online purchases, and for insuring your purchases.

RETURNS AND WARRANTIES

Please review the information available at our online store regarding our return policies and warranty information.

PRODUCT REPRESENTATIONS

Product photographs, digital renderings, prototypes, concept art, package mockups, pre-production samples, and promotional materials are provided for illustrative purposes only. Final products may vary in appearance, colors, paint applications, materials, packaging, dimensions, and other characteristics.

ORDER ACCEPTANCE

Your receipt of an order confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including product availability issues, suspected fraud, pricing errors, payment issues, violations of these Terms, or suspected reseller activity. We also reserve the right to limit the number of products purchased by any customer, household, account, shipping address, billing address, payment method, or other identifier.

5. Use 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. You may not use any Content, product images, product descriptions, trademarks, artwork, videos, or other Website materials for the development, training, testing, or operation of artificial intelligence systems, machine learning models, automated content-generation systems, or similar technologies without our prior written consent.

6. Investigations; Cooperation with Law Enforcement; Termination

BORANTCORP.COM  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.

7. Privacy and Data Security Measures

BORANTCORP.COM  respects the privacy of its visitors. Please review our Privacy Policy. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to BORANTCORP.COM . Nevertheless, we cannot guarantee complete security of personal information.

We use Security Sockets Layer (SSL) encryption technology to encrypt sensitive personal information (such as your address and phone number) before it travels over the internet. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us via our Contact Form or by emailing [email protected].

8. Disclaimers and Limitations of Liability

Except as specifically stated on this Site, in no event shall Playmates or any of its directors, employees or other representatives be liable for any damages whatsoever arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

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, BORANTCORP.COM  does not warrant that this website will meet your requirements or achieve a particular result, or that your use of this website will be uninterrupted 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, then BORANTCORP.COM  will not be liable for those costs. Without limiting the generality of the foregoing sentences, BORANTCORP.COM  will not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your use of this website. The disclaimers and limitations contained in this paragraph are a material part of our agreement to provide this website to you. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

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.”

9. Links by You to this Website

You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with BORANTCORP.COM  or its products, or cause confusion among consumers, (d) the links and related content on your site do not portray BORANTCORP.COM  or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.

10. Links on this Website to and from Other Sites

This Website may contain links to or from third-party sites (“Linked Sites”), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of BORANTCORP.COM . BORANTCORP.COM  has no control over the content of Linked Sites, and BORANTCORP.COM  does not assume any obligation to review any Linked Sites. BORANTCORP.COM  does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and BORANTCORP.COM  disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and BORANTCORP.COM  disclaims all liability in connection therewith.

11. Banners, Advertisements, and Promotions

We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). BORANTCORP.COM  disclaims all liability in connection with therewith.

12. General Provisions

Indemnity

You agree to indemnify, defend, and hold harmless BORANTCORP.COM  (which includes BORANTCORP.COM ’s affiliates and subsidiaries) and 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

BORANTCORP.COM  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. BORANTCORP.COM  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

BORANTCORP.COM  controls and operates this Website from its headquarters in El Segundo, California in the United States of America, and BORANTCORP.COM  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 BORANTCORP.COM  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 BORANTCORP.COM  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 Los Angeles, California, 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 BORANTCORP.COM  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 Los Angeles County, California. Accordingly, you consent to the personal jurisdiction of the courts in Los Angeles County, California 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 California, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by BORANTCORP.COM   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, BORANTCORP.COM  ’s operations, and/or BORANTCORP.COM  ’s 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.