Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Giggle Zone® LLC (“Giggle Zone®”, “we”, “us”, or “our”), including gigglezone.shop (the “Site”).
Please read these Terms carefully before using our Services. By accessing or using any of our Services, you agree to be bound contractually by these Terms. If you do not accept all of these Terms, you may not use our Services.
These Terms were last updated on January 1, 2023. We may change them from time to time, so be sure to check back periodically. Your continued use of our Services after any changes constitutes your acceptance of the new Terms.
Use of Our Services
You must be at least 18 years old to use our Services. If you are not yet 18, you may not access or use our Services.
Giggle Zone® provides entertaining and amusing toys and novelties. Our Services are intended for recreational use only.
You agree to comply with all applicable laws, rules, and regulations in connection with your use of our Services. You will not access or use our Services for any illegal or unauthorized purpose.
Your Account
You may need to create an account to access certain features and functions of our Services. When you create an account, you agree to provide complete and accurate information about yourself. You are solely responsible for any activity that occurs in your account.
You are responsible for keeping your password secure. Giggle Zone® is not responsible for any loss or damage from your failure to protect your password.
If you become aware of unauthorized access to your account, you must notify us immediately. You may deactivate your account at any time by contacting customer support.
We reserve the right to suspend or terminate your account at any time if you violate these Terms, abuse our Services, or engage in any prohibited, harmful, or illegal conduct.
Purchase Terms
You may purchase physical products, digital content, subscriptions, software, apps, and other goods or services (“Purchase(s)”) through the Services. All Purchases are also subject to the following terms:
- Prices are in U.S. dollars and do not include applicable taxes unless stated otherwise. You are responsible for paying any sales, use, value-added, or other taxes imposed by your jurisdiction. We reserve the right to change pricing at any time.
- Shipping & delivery times displayed are estimates only. You will receive shipping confirmation and tracking information once an order ships. We are not liable for any shipping delays.
- Returns & refunds may be allowed within 30 days of purchase if an item is unused, unopened, and in original condition. You may be subject to a restocking fee. Custom, engraved, perishable, and personal care items cannot be returned.
- Product warranties are provided by manufacturers. Giggle Zone® does not offer any additional warranties and disclaims any implied warranties to the fullest extent permitted by law.
- Licenses. If you purchase or access digital content, software, apps, or subscriptions, your purchase grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the associated content or services for personal, non-commercial purposes subject to these Terms and any additional license terms provided to you. You may not resell, lease, redistribute, or modify this content or services.
- We reserve the right to cancel, reject, or limit purchases at our discretion for any reason.
User Content
The Services may allow you to post, upload, interact with, or contribute user content such as photos, comments, ratings, reviews, forum posts, videos, etc (“User Content”). You retain ownership of your User Content.
By submitting User Content, you grant us an unlimited, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to copy, display, publish, distribute, modify, create derivative works, use, and otherwise commercially exploit in any manner, in whole or in part, your User Content in connection with our Services, including for promotional purposes.
You are solely responsible for your User Content and the consequences of posting it. Any User Content you post must comply with our Content Guidelines below. We reserve the right to remove or restrict access to any User Content for any reason.
Content Guidelines
User Content must comply with the following guidelines:
- You may not post illegal, offensive, harassing, threatening, or inappropriate content.
- User Content must be truthful and accurate. Do not impersonate any person or entity or misrepresent your affiliation with a person or entity.
- Do not post personal information, either about yourself (e.g. phone number, email address, physical address) or about others (e.g. credit card numbers, social security numbers, or any other sensitive personal data).
- Do not spam or engage in any form of solicitation or advertisement without our permission.
- User Content cannot promote or endorse violent, illegal, sexually explicit, hateful, or discriminatory activity.
- Do not infringe or violate any copyright, trademark, patent, or other proprietary right of any third party. Only post content that you have the right to submit.
We reserve the right to moderate or remove any User Content that violates these guidelines or the spirit of these guidelines. Repeated or especially egregious violations may result in termination of your account or restricted access to our Services.
Intellectual Property
Giggle Zone® and our licensors exclusively own the Services and all content that we do not attribute to User Content, including all associated intellectual property rights. You acknowledge that the Services contain proprietary content, trademarks, designs, information, data, and material owned by us or our licensors, which are protected by intellectual property laws.
Giggle Zone® grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access our Services for your own personal, non-commercial use, subject to your compliance with these Terms. You may not copy, imitate, or use any of our intellectual property for any unauthorized purpose.
Disclaimers
OUR SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR HARMFUL COMPONENTS. YOU USE OUR SERVICES AT YOUR OWN RISK.
Limitations of Liability
IN NO EVENT SHALL GIGGLE ZONE®, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST YEAR. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY.
Indemnification
You agree to fully indemnify, defend, and hold harmless Giggle Zone® and our officers, directors, employees, agents, successors, and assigns from and against any and all claims, losses, damages, judgments, awards, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to: (1) your access to or use of our Services; (2) any User Content you provide; (3) your violation of these Terms; and (4) your violation of any laws, regulations, or third party rights.
Governing Law
These Terms will be governed by the laws of the State of Delaware without giving effect to any principles on conflicts of laws. You agree that any dispute arising from or relating to these Terms or our Services that cannot be informally resolved will be submitted to binding arbitration in the State of Delaware. Arbitration will be conducted by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator’s award will be final and binding and may be entered as a judgment in any court with jurisdiction.
Miscellaneous
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Our failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Section titles in these Terms are for convenience only and have no legal or contractual effect. No agency, partnership, joint venture, or employee-employer relationship exists between you and Giggle Zone® as a result of these Terms or your use of our Services.
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. These Terms, including any additional terms and policies incorporated herein, constitute the entire agreement between you and Giggle Zone® with respect to use of our Services.
Contact Us
If you have any questions about these Terms, please contact us at:
Giggle Zone® LLC
123 Main St.
Anytown, USA 12345
Email: [email protected]
Phone: (555) 123-4567
