Terms of Use

The goods and services offered by ALEX Toys LLC, its parent company, subsidiaries and affiliates (collectively, “ALEX Toys LLC”, “we”, “us” or “our”) include the ALEXToys.com website (the “Site”), and all other features, content, social media, or applications offered from time to time by ALEX Toys LLC in connection with the Site (collectively, the “ALEX Toys LLC Content”). ALEX Toys LLC owns all right, title and interest in and to the Site and the ALEX Toys LLC Content.

This page contains the Terms of Use Agreement (“Agreement”) that sets forth the terms and conditions under which you may use the Site and the ALEX Toys LLC Content offered on the Site. Please read this Agreement carefully. If you do not accept this Agreement, please do not use this Site or the ALEX Toys LLC Content.

By using this Site and/or the ALEX Toys LLC Content, you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you simply browse the Site) or you are a “Subscriber” (meaning you have submitted your Personal Information—as defined in our Privacy Policy—to the Site in order to use or receive certain ALEX Toys LLC Content through the Site). This Agreement shall remain in full force and effect while you use the Site or are a Subscriber. By using this Site you also accept and agree to be bound by our Privacy Policy. Capitalized terms used but not defined in this Agreement have the meanings given them in the Privacy Policy. In order to receive or use certain ALEX Toys LLC Content, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the ALEX Toys LLC Content that you choose to access, those additional terms are hereby incorporated into this Agreement. ALEX Toys LLC may, in its sole discretion, revise this Agreement at any time. ALEX Toys LLC will use commercially reasonable efforts to notify you of any material changes to this Agreement; however, you should visit this page periodically to review the terms of the Agreement.

CONTENTS

I. User Eligibility
II. Ownership
III. User Content
IV. Prohibited Activities
V. Infringement of Third Party Intellectual Property
VI. Termination
VII. Removal of Personal Information
VIII. Privacy/Security of Personal Information/User Content
IX. Retention of Personal Information
X. Compliance With Laws
XI. Communications With You
XII. Limitation of Liability
XIII. Disclaimer of Warranties
XIV. Indemnity
XV. Governing Law
XVI. General Provisions
XVII. Owner Name and Address

I. USER ELIGIBILITY

Use of the Site and the ALEX Toys LLC Content is void where prohibited by law. Children under the age of 13 are not permitted to become Subscribers or use this Site or the ALEX Toys LLC Content. By using the Site or the ALEX Toys LLC Content, you represent and warrant that: (i) all information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 13 years of age or older; and (iv) your use of the Site or the ALEX Toys LLC Content does not violate any applicable law or regulation. You may be terminated as a Subscriber without warning if we believe that you are less than 13 years of age. The Site and the ALEX Toys LLC Content are for personal, non-commercial use only.

II. OWNERSHIP

ALEX Toys LLC is the owner of all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software and other content on the Site and the collection, design, selection and arrangement thereof (collectively, the “Site Material”). The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to ALEX Toys LLC. When using this Site, ALEX Toys LLC requires Visitors and Subscribers to respect the intellectual property rights we have in the Site Material.

ALEX Toys LLC hereby grants you a limited, non-exclusive, revocable, non-assignable, nonsublicensable license to view and download a single copy of the Site Material for your personal use only. This license does not give you any ownership or intellectual property interest in any Site Material. Other than as required to facilitate your permissible use, you may not reproduce, perform, create derivative works from, republish, upload, post, retransmit or redistribute in any way whatsoever any Site Material. Any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Site Material in any other manner or for any other purpose constitutes infringement of ALEX Toys LLC’s intellectual property and other proprietary rights. Use of the Site Material on any other website or in a networked environment is prohibited. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such Site Material.

All rights not expressly granted to you under this Agreement or an applicable, validly executed license or service agreement between you and ALEX Toys LLC are reserved by ALEX Toys LLC.

III. USER CONTENT

ALEX Toys welcomes your comments on the Site, on our products, and on the ALEX Toys Content and your contributions to the Site or the ALEX Toys LLC Content. You acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions, images, graphics, pictures or other similar types of content (collectively, the “User Content”), such User Content shall be deemed, and shall remain, ALEX Toys LLC’s property. You acknowledge and agree that ALEX Toys LLC may, in its sole discretion, modify, delete, or refuse to use any User Content without notice to you or permission from you. ALEX Toys LLC will not treat any User Content as confidential or proprietary, and will not return any User Content to you.

As a Visitor or Subscriber of this Site, you are responsible for any User Content or communications you submit to the Site and are responsible for any consequences resulting from such Content or communications. Therefore, you agree not to do any of the following: (i) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them; (iii) send material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others; (iv) send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Visitor or Subscriber or any other person or entity; (v) send sexually-explicit images; (vi) send advertisements or solicitations of business; (vii) send chain letters or pyramid schemes; or (viii) impersonate another person.

Despite the prohibitions in this Section III and in Section IV herein, User Content provided by other ALEX Toys LLC Subscribers or Visitors may contain inaccurate, inappropriate, offensive or sexually explicit material, products, services or activities. ALEX Toys LLC assumes no responsibility for monitoring the Site or the ALEX Toys LLC Content for inappropriate User Content or conduct. If at any time ALEX Toys LLC chooses, in its sole discretion, to monitor the Site or ALEX Toys LLC Content, ALEX Toys LLC nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the Subscriber or Visitor submitting any such User Content.

IV. PROHIBITED ACTIVITIES

The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the ALEX Toys LLC Content. Prohibited activity includes, but is not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, trademark infringement, copyright infringement, patent infringement, or trade secret theft;

2. covering or obscuring the banner advertisements on any page of the Site via HTML/CSS or any other means;

3. any automated use of the Site or the ALEX Toys LLC Content, such as using scripts to add Subscribers or Visitors or send comments or messages;

4. interfering with, disrupting, or creating an undue burden on the Site, the ALEX Toys LLC Content or the networks or services connected to the ALEX Toys LLC Content;

5. attempting to impersonate another Visitor, Subscriber or other person or entity;

6. using any information obtained from the Site or the ALEX Toys LLC Content in order to harass, abuse, or harm another person;

7. accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Site or through the ALEX Toys LLC Content on behalf of that person; or

8. using the Site or the ALEX Toys LLC Content in a manner inconsistent with applicable laws and regulations.

ALEX Toys LLC reserves the right to investigate and take appropriate legal action against anyone who, in ALEX Toys LLC’s sole discretion, violates Sections III or IV herein, including without limitation, reporting such violations to law enforcement authorities.

V. INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY

VI. ALEX Toys LLC requires Visitors and Subscribers to respect the intellectual property rights of others when using the Site. It is ALEX Toys LLC’s policy to terminate Subscribers who infringe the copyright rights of others, upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent. We ask all Visitors and Subscribers to inform us immediately if they have reason to suspect that any material submitted by a Visitor or Subscriber infringes someone’s intellectual property rights.

If you believe your copyrighted work has been submitted to ALEX Toys LLC in a way that constitutes copyright infringement, please provide our designated Copyright Agent with your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. ALEX Toys LLC’s designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Customer Service

ALEX Toys LLC

40 Lane Road

Northvale, New Jersey 00704

Email: shop@alexbrands.com

VII. TERMINATION

ALEX Toys LLC reserves the right to terminate you as a Subscriber and prevent you from accessing the Site at any time and for any reason, including but not limited to your violation of this Agreement or the law.

The violation of any of the terms and conditions set forth in this Agreement shall result in the immediate termination of your right and license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.

VII. REMOVAL OF PERSONAL INFORMATION

You may review, modify or remove any Personal Information you submit to the Site at any time, for any reason, by contacting ALEX Toys LLC or clicking on the unsubscribe link on the email.

VIII. PRIVACY/SECURITY OF PERSONAL INFORMATION/USER CONTENT

While we encourage you to become a Subscriber and send us User Content, you must carefully choose what you will submit. You are solely responsible for the Personal Information and User Content that you submit to the Site and any material or information that you transmit to other Visitors or Subscribers.

ALEX Toys LLC assumes no responsibility for the use or misuse of any Personal Information or User Content you submit to the Site. ALEX Toys LLC has no obligation to use, or solicit/enable others to use, for any purpose, any Personal Information or User Content you submit to the Site.

ALEX Toys LLC makes no warranties, express or implied, as to any User Content that may be displayed on the Site or to the accuracy and reliability of User Content or any material or information that you transmit to other Subscribers or Visitors. While ALEX Toys LLC has reasonable security measures in place, ALEX Toys LLC cannot guarantee the security or privacy of your Personal Information or User Content. For more information, please consult our Privacy Policy.

IX. RETENTION OF PERSONAL INFORMATION

With the exception of your credit card information, which is not retained by ALEX Toys LLC, ALEX Toys LLC shall retain any Personal Information you submit to ALEX Toys LLC to become a Subscriber for your duration as a Subscriber unless ALEX Toys LLC deems such Personal Information to be violative of this Agreement or until such time as you decide to remove such Personal Information. User Content submitted to the Site that ALEX Toys LLC deems to be in violation of this Agreement will be immediately and permanently deleted. You understand that deleted Personal Information may persist for a reasonable period of time in backup copies but will not be available to others.

X. COMPLIANCE WITH LAWS

You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.

XI. COMMUNICATIONS WITH YOU

ALEX Toys LLC may communicate with you via email regarding your use of the Site or your submission of Personal Information or User Content. You agree to receive emails and mobile communications from ALEX Toys LLC, or its designee, necessary for the normal functioning of the Site or in connection with the ALEX Toys LLC Content. You are responsible for all telecommunications charges relating to your use of the ALEX Toys LLC Content, including but not limited to any charges for text messages that are sent to you by ALEX Toys LLC.

XII. LIMITATION OF LIABILITY

You understand and agree that ALEX Toys LLC shall not be liable for any direct, indirect, special, consequential, incidental or punitive damages, (including without limitation damages resulting from lost data) resulting from the use or inability to use the Site, the Site Material, or the ALEX Toys LLC Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not ALEX Toys LLC is advised of the possibility of such damages.

XIII. DISCLAIMER OF WARRANTIES

Although ALEX Toys LLC strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. ALEX Toys LLC makes no representations about the accuracy, reliability, completeness, or timeliness of the Site Material or about the results to be obtained from using the Site or from relying on the Site Material. YOU USE THE SITE, THE ALEX TOYS LLC CONTENT AND THE SITE MATERIAL AT YOUR OWN RISK.

ALEX Toys LLC cannot be responsible for the violation of this Agreement by Visitors or Subscribers, or for the reliance by Visitors or Subscribers upon false or misleading Information submitted by other Visitors or Subscribers. ALEX Toys LLC is not responsible for the conduct, whether online or offline, of any Subscriber or Visitor using the Site or the ALEX Toys LLC Content.

The Site may contain links to third party websites. ALEX Toys LLC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ALEX Toys LLC. Inclusion of any linked third party website on the Site does not imply approval or endorsement by ALEX Toys LLC of the linked website. WHEN YOU ACCESS THESE THIRD-PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK AND BECOME SUBJECT TO THE TERMS OF USE AND PRIVACY POLICIES OF THOSE THIRD-PARTY WEBSITES.

ALEX Toys LLC does not warrant that: (i) the Site will operate error-free; (ii) the Site and its web servers are free of computer viruses, worms or other harmful material; (iii) the quality of any products, services, information or other material obtained by you through the Site or in connection with the ALEX Toys LLC Content will meet your expectations; or (iv) the Site will operate in perpetuity. ALEX TOYS LLC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY VISITOR OR SUBSCRIBER COMMUNICATION. ALEX TOYS LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE ALEX TOYS LLC CONTENT OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO A VISITOR’S OR SUBSCRIBER’S COMPUTER OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE ALEX TOYS LLC CONTENT.

Under no circumstances shall ALEX Toys LLC, its officers, directors, employees or agents be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the ALEX Toys LLC Content, from any User Content submitted to the Site or through the ALEX Toys LLC Content. If your use of the Site or the Site Material results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment, data or User Content submitted, ALEX Toys LLC shall not be responsible for those costs or expenses.

YOUR USE OF THIS SITE, THE SITE MATERIAL AND THE ALEX TOYS LLC CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALEX TOYS LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

XIV. INDEMNITY

By using the Site, the Site Material and the ALEX Toys LLC Content, you agree to defend, indemnify, and hold harmless ALEX Toys LLC, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that ALEX Toys LLC may become obligated to pay arising or resulting from your use of the Site, the Site Material, the ALEX Toys LLC Content, your submission of User Content, or your breach of this Agreement. ALEX Toys LLC reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

XV.  GOVERNING LAW

This Agreement is governed by the laws of New Jersey, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in New Jersey with respect to any dispute, disagreement, or cause of action related to or involving the Site, the Site Material or the ALEX Toys Content.

GENERAL PROVISIONS

XVI. ALEX toys LLC’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.

You may not assign your rights or delegate your duties under this Agreement without the prior written consent of ALEX Toys LLC. ALEX Toys LLC may assign its rights and obligations under this Agreement to any party at any time, without notice to you.

If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

Except as expressly provided elsewhere on the Site, this Agreement constitutes the entire agreement between you and ALEX Toys LLC with respect to your use of this Site, the Site Material and the ALEX Toys Content.

XVII. OWNER and ADDRESS

This website is owned and operated by ALEX Toys LLC, 251 Union Street, Northvale, New Jersey 07647