Terms of Service
Effective Date: December 23, 2022
AS DESCRIBED BELOW, DEPENDING ON THE JURISDICTION IN WHICH YOU RESIDE, ALL DISPUTES BETWEEN YOU AND MGA MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
TABLE OF CONTENTS
- Site or App Contents
- Intellectual Property Rights
- User Comments and Other Restrictions
- License to Use Submissions
- User Generated or Third-Party Content
- Other Services
- Third-Party Sites
- Using Our Services
- Prohibited Uses
- Registration, Subscriptions, Accounts and Passwords
- Privacy Statement
- Updating Information on Sites and Apps
- Errors and Omissions
- Product and Pricing Information
- Refunds and Returns
- Limited Warranty
- Limitations on Liability
- Dispute Resolution (Arbitration, Class Action and Jury Trial Waiver)
- Notice to California and New Jersey Residents
- Copyrights, DMCA, and Digital Rights Management
- Contests, Sweepstakes and Promotions; Mobile Marketing
- Changes to Terms
Access to and use of the Services is solely for your purchase of MGA products for personal use, information, education, entertainment, and communication with MGA. You may download, copy or print the Content (defined below) of this Site or App for your personal non-commercial use only. No right, title or interest in any of the Content of this Site or App is transferred to you as a result of any accessing, downloading, copying, printing or use of an App or this Site.
All MGA character(s), related items, and accounts created or used in or on any MGA Services are and shall remain the property of MGA or its licensors and cannot be sold, licensed, assigned, transferred or loaned to third-parties.
The names, text, Trademarks, logos, images, graphics, photos, video files, characters, animation, application functionality, chat transcripts, or any other digital media, and their arrangement on this Service (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Service are the registered and/or unregistered Trademarks of MGA, and such third parties that may own the displayed Trademarks. Nothing contained on this Service or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Service without the written permission of MGA or such third party that may own the displayed Trademarks. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Service is strictly prohibited.
Subject to your compliance with this Agreement, we grant you a limited license to access and use the Services and their Content for personal, informational, and shopping purposes. No Content from the Services may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without our written permission. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Services or the Content.
MGA offers users the opportunity to interact with this Service, and in doing so, you are permitted to send MGA your comments and unsolicited creative or original concepts, ideas, materials or products, whether confidential or proprietary information, or the like (“Submission(s)”).
MGA is under no obligation to use or compensate you for your Submissions. MGA will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.
Note that in your communications with us, including by email, text or through forms on our Services, we ask that you please do not send us any sensitive information pertaining to yourself. MGA does not knowingly or intentionally collect or store sensitive information or special categories of information.
Except as otherwise described in any additional terms (such as the contests or sweepstakes official rules), which shall also govern Submissions, you grant MGA a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost and royalty free license and right to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any legal manner, all or any portion of your Submission (and derivative works thereof), for any purpose in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.
Except as prohibited by law, you waive any moral rights (including attribution and integrity) that you may have in any Submission, even if it is altered or changed in a manner not agreeable to you. To the extent non-waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted by this license.
Although third-party or user-generated content may be posted on this Site (“User Content”), the posting of User content does not constitute MGA’s endorsement of the User Content. You agree to clearly and conspicuously disclose if you receive compensation or incentive of any kind in exchange for your Submissions or User Content.
MGA is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or User Content.
You understand that you, and not MGA, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. MGA does not proactively and routinely screen or monitor User Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such content.
MGA may, in its sole discretion, screen, monitor, refuse or remove any Submission, or remove any User Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will MGA be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available on the Site. You agree to bear all risks associated with the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content. You agree that MGA is not responsible for, and does not endorse, User Content posted on the Site. If your User Content violates these Terms, you may bear legal responsibility for that User Content. As between you and MGA, any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of such content.
Additional terms and conditions may apply to other MGA services, such as third-party service provider agreements, or rules for sweepstakes and contests, purchases, services or other online activities (“Other Services”). Similarly, additional terms may also cover access to certain content or software accessible through the MGA websites or [Apple iOS, Google Android, or Microsoft Windows-powered devices]. Such “additional” terms and conditions will be disclosed to you in connection with such Other Services.
All additional terms, in the event of a conflict, will prevail over these Terms. If you access MGA content using an Apple iOS, Google Android or Microsoft Windows-powered device, you agree that your access to the MGA Services using these devices also shall be subject to the usage terms set forth in the applicable third-party terms of service.
MGA is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any Third-Party Sites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
You may not use the Services if:
- You cannot enter into a binding contract with MGA.
- You are a child, which means someone (a) under 13 years of age or, if older, (b) between 13 and 18 years old but under the age at which you can give valid consent to processing of your personal information under applicable data privacy laws, ), in which case you must not create an Account, use any of our Services, or submit personal information in the Services or to MGA (for example, your name, address, telephone number, or email address).
- This prohibition does not apply if, and only if, a MGA’s Service has an age-gate that collects age information before allowing a user to proceed and that age-gate allows users who identify themselves as under 13 years of age (or under 16 in the EEA or under 18, if you are located in Brazil) to use the Service.
- You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
- If you are under the age of 18, or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms.
9. Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site, App, or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites or App, other websites, or the Internet; (h) to collect, track, or disclose sensitive information or personal information of others unless requested by us; (i) to spam, mailbomb, phish, or track others; (j) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Services or to collect any information from the Services or any other user of the Services; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of this Site or App, other websites, apps or the Internet, including without limitation, password protected accounts or access. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Some MGA Services permit or require you to create an account to participate in additional entertainment services. By registering for such services, you agree to provide accurate, complete and current information, including, without limitation, your date of birth, payment information, and contact information for notices.
You agree not to impersonate or misrepresent your affiliation with any person or entity, including, without limitation, using another person’s username, password or account information, or another person’s name or likeness, or provide false details for a parent or guardian.
You agree that we may take steps to verify the accuracy of information you provide, including, without limitation, the contact information for a parent or guardian. MGA reserves the right to restrict or prohibit inappropriate or infringing usernames.
You are responsible for the personal protection and security of any password or username that you may use to access this Service. You are responsible for all direct or indirect damages and liable for all activity conducted on this Service that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to MGA to email@example.com.
If you wish to purchase any product or service made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. We may require additional information from you prior to accepting or processing your order. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to use or provide the information to third parties for purposes of facilitating the completion of Purchases or providing our Services to you.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability; we suspect you are purchasing products for resale without written permission from us; errors in the description or price of the product or service; error in your order or other reasons; or if fraud or an unauthorized or illegal transaction is suspected. Furthermore, we reserve the right to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us. Your charges may be payable in advance, in arrears, or as otherwise described when you initially selected to use the paid Services.
12. Privacy Statement
MGA undertakes no obligation to update, amend or clarify information on this Site or App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site or App should be taken to indicate that all information on the Site or App has been modified or updated. Please remember when reviewing information on this Site or App that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, communications, including information on a Site or App may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. MGA reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service is inaccurate (including after you have submitted your order).
This Site, App, Content, product information, and any products sold through the Services into permitted jurisdictions are intended to comply with U.S. laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S.-based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the United States.
MGA reserves the right, but is not obligated, to limit the sales of its 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. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of MGA. MGA reserves the right to discontinue any product at any time. Any offer for any product or service made on this Service is void where prohibited.
We do not match prices with any of our online competitors or retail partners.
For most Services, registered users can log in to the My Account page to cancel their order. Orders placed by Guest checkout cannot be cancelled via this method.
You will receive an email confirmation that your order has been cancelled. Please note that there is a hold on the funds associated with the order that will drop off after the cancellation. Some credit card companies may hold the funds for up to 5 business days.
Returns from our Brands including those located in Canada will only be accepted for 30 days from purchase date. Returned items must be new, unassembled, and unused in their original packaging. The customer order number must be included on the return shipping label.
a. Refund Amounts and Contact Information.
Refunds are only issued for the purchase price of the item(s) returned and any applicable sales tax in the original form of payment used to purchase the item. You are responsible for any return shipping charges. Shipping charges for both delivery and returns are not refundable, this includes item(s) purchased on Free Shipping offers and or on item(s) where a delivery is refused.
If you return a gift, the purchaser will receive a refund in the original form of payment they used to make the purchase. All sales are final on clearance items. Please note: All refused truck or parcel orders have shipping charges that are the responsibility of the consumer.
To obtain further return information or to arrange to return your item please MGAEntertainmentStore@mgae.com. If you refuse a delivery of a shipment, you will be credited the purchase price less all return shipping charges. This process is only valid with direct sales from the MGA Company.
b. Refunds, Returns and Cancellations from other Retailers and Third-Party Sites
MGA does not provide refunds or cancellations for products purchased from our affiliated retailers or our products displayed on Third-Party Sites. When you purchase a product from one of our affiliated retailers or on Third-Party Sites, your return, refund or cancellation is subject to the terms, conditions and refund policies of those Third Parties.
The MGA Company makes fun, high quality toys. We warrant to the original consumer purchaser that the product is free of defects in materials or workmanship for one (1) year from the date of purchase (sales receipt is required to provide proof of purchase). We will replace defective parts or issue a refund for full or partial purchase price of product within this period.
This warranty is valid only if the product has been assembled and maintained per the instructions. Any modifications made to the original product or product structure may render the warranty invalid. This warranty does not cover abuse, accident, cosmetic issues such as fading or scratches from the normal wear, or any other cause not arising from defects in material and workmanship.
The warranty period is three months for daycare or commercial purchasers.
a. Wet and Dry Inflatable Bouncers Warranty
We warrant to the original purchaser that the fabric in this product is free of defects in materials or workmanship for 90 days from the date of purchase, and the blower is free of defects in material or workmanship for one year from the date of purchase (sales receipt is required to provide proof of purchase).
b. Wood Warranty
We offer the original consumer purchaser a 10-year limited warranty from the date of purchase on wooden products that become structurally unfit due to damage caused solely by biological corrosion (sales receipt is required to provide proof of purchase). For further information about wooden items, please click here. This does not affect your statutory rights as a consumer. Please visit https://www.mgae.com/customer-care/warranty or https://www.littletikes.com/pages/warranty-information for information relevant to your purchase. To make a warranty claim, please contact MGA customer services team at 1-800-222-4685, by email firstname.lastname@example.org or by mail at MGA Entertainment, Inc. 9220 Winnetka Avenue Chatsworth, CA 91311. You will need your original proof of purchase, product code or description.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (1) YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK; (2) YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SERVICE; AND (3) WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF MGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MGA’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SERVICE EXCEED TEN DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MGA’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
These limitations do not apply to users located in the European Economic Area or Brazil. For those users, if MGA fails to comply with these Terms, MGA is responsible for loss or damage you suffer that is a foreseeable result of MGA’s breach of these terms or is the result of MGA’s negligence, but MGA is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or it was contemplated by you or MGA at the time we entered into these terms.
For users located in Australia, nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of products and services in certain circumstances. If any guarantee, term, condition or warranty is implied into these Terms under the Australian Consumer Law or any other applicable law (“Non-Excludable Provision”) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option: (a) in the case of products, the replacement of the product or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or (b) in the case of the Services, the supplying of the Services again, or the payment of the cost of having the Services supplied again.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONTENT PROVIDED ON THIS SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” MGA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SERVICE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND MGA MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON, ACCESSED THROUGH, OR DOWNLOADED FROM THIS SERVICE IS COMPATIBLE WITH YOUR DEVICE OR FREE FROM ERROR OR VIRUSES. NO MGA EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. SUBJECT TO THE LIMITED WARRANTY SET FORTH ABOVE, TO THE EXTENT ALLOWABLE BY EXISTING LAW, MGA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR APP AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
MGA RESERVES THE RIGHT TO ALTER OR REMOVE SERVICE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND MGA WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.
YOU AGREE TO INDEMNIFY AND HOLD MGA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING OUT OF OR RELATED TO ANY CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE SEEK TO MAKE AVAILABLE THROUGH THE SITE, YOUR USE OF THIS SITE, YOUR VIOLATION OF ANY DATA PROTECTION OR PRIVACY LAWS INCLUDING CHILDREN PROTECTION LAWS, OR BREACH OF THE TERMS. YOUR RIGHTS WITH RESPECT TO MGA ARE NOT MODIFIED BY THE FOREGOING INDEMNIFICATION IF THE LAWS OF YOUR COUNTRY OR RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF THE SITE, DO NOT PERMIT IT.
The Terms will remain in effect until you notify us that you no longer wish to use the Service, or you cease using the Service. Notwithstanding anything in this Terms to the contrary, the parties understand and agree that all terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of this Terms will survive termination of the Terms and will be enforceable by the parties, including but not limited to Sections 2, 8, 15, 17, 18, and 20.
MGA may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site or App, if in MGA’s sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or MGA, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms or otherwise.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Initial Dispute Resolution. We are available by email at email@example.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
- Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 23(a) above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in Section 23(d), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted in the County of Los Angeles, California, and claims regarding the judgement of the arbitrator (including entry of judgment on the arbitration aware) may be brought and shall be subject to the exclusive jurisdiction of the state and federal court located in the County of Los Angeles, California.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
- Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 28(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
- 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 28(b) and 28(c) by sending written notice of your decision to opt-out by emailing us at firstname.lastname@example.org. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
- Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Exclusive Venue for Litigati To the extent that the arbitration provisions set forth in Section 28(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in in Los Angeles County, California. (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Service, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
- Exceptions. Arbitration may not apply if you are a resident of the European Union and subject to the Alternative Dispute Resolution Directive (2013/11/EU) and the Online Dispute Resolution Regulation (EU 524/2013) (and any implement regulations in each member state of the EU), the agreement to arbitrate in these Terms will not apply if not permitted by law.
24. Notice to California and New Jersey Residents
- California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is MGA Entertainment, Inc. 9220 Winnetka Avenue Chatsworth, CA 91311. To file a complaint regarding the Services or to receive further information regarding use of the Site or App, send a letter to the above address or contact us via e-mail at email@example.com with “California Resident Request” as the Subject Line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
- New Jersey Residents. If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer residing in New Jersey render them unenforceable under New Jersey law, the following sections of this Terms do not apply to you and do not limit any rights that you may have: (a) Disclaimer; (b) Limitation of Liability; (c) Dispute Resolution, and (d) Indemnification.
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site.
Our copyright agent is MGA’s General Counsel. Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.
The agent can be reached at: MGA Entertainment, Inc. 9220 Winnetka Avenue Chatsworth, CA 91311, Tel: 818-894-2525, Email: firstname.lastname@example.org.
a. DMCA Infringement Notification.
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted.
- The following statement: “I 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.”
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
b. DMCA Infringement Counter Notification.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. The counter notification must include:
- A physical or electronic signature of the alleged infringer.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which the alleged infringer address is located, or if the alleged infringer’s address is outside of the United States, or any judicial district in which MGA may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
c. DMCA Infringement Policy.You shall not bypass, circumvent or disable any content protection system or digital rights management technology used to protect MGA or third-party services. You shall not decompile, reverse engineer, disassemble or otherwise reduce any MGA technologies or content to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Site or App functionality in an unlawful or unauthorized manner or in a manner that implies an unauthorized association with our products, services or brands.
You may not access or use any MGA services in violation of United States export control regulations. By acquiring services, content or software through the MGA Services, you represent and warrant that your access to and use of the Services, content or software will comply with those regulations.
We have adopted a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are, as determined in MGA’s sole discretion, repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use MGA’s services if you engage in or encourage illegal conduct, or if you fail to comply with these Terms or any additional terms.
26. Contests, Sweepstakes and Promotions; Mobile Marketing
a. Contests, Sweepstakes and Promotions
- Mobile Marketing
You may sign up to receive communications about our products and services through your mobile device by submitting your mobile telephone number online or by texting us. By opting into our SMS Mobile Marketing program, you authorize MGA to send to your mobile phone number using automated technology text messages about our products, promotions, offers, and sales. No purchase is necessary to opt-in to our SMS Mobile Marketing Program and your opting in is not a condition to your purchasing goods or services from us. You understand that standard message and data rates may apply and that your carrier may charge your account with that carrier for text messages that you receive from us or send to us. MGA is not responsible for these charges. It is your responsibility to notify MGA if at any time you change your phone number, cancel your service, or transfer your number to another party. You can unsubscribe from our text messaging program at any time by replying "STOP" to any message that you receive from us. If your carrier does not permit text messages, you may not receive the text messages. Neither we nor the carrier will be liable for any delays in the receipt of, or failure to deliver, any text messages, as delivery is subject to effective transmission from your network operator.
a. Notices and Electronic Communications
This Site is controlled and operated by MGA, 9220 Winnetka Avenue Chatsworth, CA 91311. Should you have any questions concerning these Terms, or if you desire to contact MGA for any reason, our telephone number is 818-894-2525. Please send any comments or complaints regarding this Site by e-mail or postal mail addressed to email@example.com or to MGA, Attn. Customer Service, 9220 Winnetka Avenue Chatsworth, CA 91311.
When you visit this Site or App, or send e-mails or text messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text message, push notifications services or by posting notices on this Site. 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.
b. No Waiver
MGA’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and MGA intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and MGA agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.
d. No Other Agreements
By agreeing to the Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given MGA your consent to allow any of your minor dependents to use this Site or App. The provisions and conditions of the Terms constitute the entire agreement between you and MGA related to the use of the App or Site and supersedes any prior agreements or understandings not incorporated in the Terms.
MGA may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of MGA’s successors and assigns. MGA shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any).
f. Force Majeure
Neither party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
g. No Third Party Beneficiaries
No one other than you and MGA, or MGA’s successors and assigns, will have any right to enforce these Terms.
h. Headings Have No Legal Effect
Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
We may update, change, modify, add or remove portions of the Terms from time to time as we update or expand our Services. If we make material changes, we will post the updated Terms on this page with an “Effective Date” date of the revisions. We encourage you to look for updates and changes to the Terms by checking this page when you access our Services. If you have any questions about the Terms, please reach out to us anytime at firstname.lastname@example.org or via the contact information listed throughout this Terms.