Terms of Service
BY ACCESSING, BROWSING AND USING THIS WEBSITE (the "Website"), YOU AGREE TO BE BOUND BY THE WEBSITE TERMS OF SERVICE AGREEMENT (“AGREEMENT”) AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND APPLICABLE LAW EACH TIME YOU USE THIS WEBSITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THE AGREEMENT, YOU MAY NOT USE THE WEBSITE.
This Agreement is a contract between you and Ganz U.S.A., LLC with offices at 140 Colony Center Drive, Suite 100, Woodstock, GA 30188 (“Ganz”) and applies to all users of this Website. In this Agreement, “you” or “your” means any person or entity using this Website.
If you have any questions relating to this Website, your purchase orders or the Account, you may contact Ganz at the above address or by email, phone or facsimile provided in the applicable Purchase Order Terms and Conditions, posted on this Website (“PO Terms”), and incorporated into this Agreement by reference.
Links to Other Websites
This Website may provide links to various online properties, including game properties and related websites, including but not limited to, www.webkinz.com, amazingworld.com and www.webkinzjr.com (“Affiliated Sites”), on which products purchased on this Website may be used and/or accessed. While Ganz may provide links from this Website to the Affiliated Sites and unaffiliated third party sites, those sites are not part of this Website, and each is subject to the terms of a separate agreement and may have different policies with respect to the collection, use and disclosure of personally identifiable information. GANZ DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE OR AFFILIATED WEBSITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS.
Registration and Your Account
Certain information and materials provided by Ganz through this Website may be accessed and/or used by you without registration on or login to this Website (collectively, “Public Materials”). However, to make purchases and access other information and materials provided by Ganz through this Website (“Customer Materials”), your account application must be approved and customer account (“Account”) set up. When you complete the new account application, you will be asked for your shipping and billing address, contact email address, business and bank related information. Once the Account is approved, we will invite you to make up a password and activate your Account online.
Security of Your Account
IT IS IMPORTANT THAT YOU REMEMBER YOUR ACCOUNT USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE.
We will use your username and password to identify you when you log into the Website. If you forget your username or password, you will not be able to access Customer Materials or make purchases through your Account.
You are responsible for maintaining the confidentiality of your Account username and password, and for all activities associated with your Account. You agree to: (a) immediately notify Ganz of any unauthorized use of your Account or any other breach of security, and (b) ensure that you log out of your Account at the end of each session. Ganz will not be liable for any loss or damage arising from your failure to comply with this section.
We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of personal information. Although we use reasonable efforts to safeguard the security of personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission.
Ganz reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. Notwithstanding the above, Ganz may rely on the authority of anyone accessing your Account or using your password and in no event will Ganz be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Ganz under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password.
Submission and Acceptance of Orders
All information on this Website about the goods available for sale (“Goods”) is purely an invitation for you to order Goods and does not constitute an offer to sell such Goods by Ganz. To submit an offer to purchase Goods, correctly and fully complete the order form (“Order Information”) and press the “Complete Order” button on the order page. Unless Ganz agreed to other payment terms, payment for all Goods must be made with a valid credit card from the accepted credit card list identified at the checkout point. By submitting an order payable by a credit card, you will be confirming that you are an authorized user of the credit card.
We will send you an order confirmation e-mail once you complete your purchase. A shipping confirmation e-mail will be sent once your order ships. Your credit card will be charged once the Goods you purchased have been shipped. When more than one item is requested on your order, we will charge your card for each item as it ships via UPS ground service. Since shipping times vary by item, your credit card statement may reflect individual charges for each item as they are shipped. Before your credit card is charged, an authorization will be obtained for the amount of your order. For items with extended shipping time, your credit card may be re-authorized and funds will continue to be set aside (by your bank) for the remaining balance of your order - until Ganz charges your card upon shipment of the Goods. All credit cards must be valid, authentic and you must be authorized to use them. If the charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further liability or obligation to you. We reserve the right to stop accepting credit cards from one or more issuers at any time.
Your order will be deemed to be accepted once Ganz: (i) receives confirmation of payment in full from the payment processor of your credit card and, (ii) depending on the nature of the order, sends you the Goods. In the case of any customized Goods (e.g. t-shirts with custom slogans), your order will not be accepted and your credit card will not be processed until the requested custom design is approved by Ganz in its sole discretion. If the requested custom design is not approved, you will be notified and provided with an opportunity to revise or cancel your order.
Your orders are processed electronically. Ganz does not offer special handling of orders. Once a product is released to the delivery agent, you will receive a shipping confirmation e-mail with updated tracking information (if available) including an estimated date of delivery. Orders cannot be cancelled or changed through the Website if the Goods have already been shipped.
We rely on the ordering information that you provide to us through this Website as being true, accurate, current and complete. You shall be responsible for any and all losses, damages, and additional costs and expenses that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update such information in a timely manner.
At any time, you can log into and check your Account balance and purchase more Goods.
Title and risk of loss for all Goods you order shall pass to you upon Ganz’s shipment of the Goods to the shipping carrier. Ganz will not be responsible for lost, stolen, delayed or diverted orders due to factors beyond Ganz’s control.
Refunds, Corrections, and Final Orders
If we send or provide you with the Goods that do not correspond to the items identified in the submitted order form, please contact Ganz and we will make arrangements to correct the order.
In all other instances, once an order is accepted, including when customized Goods are approved, by Ganz, no returns, refunds, exchanges, substitutions or cancellations are permitted except as required under applicable law. Customized Goods may not be returned or exchanged unless damaged or defective.
While every effort is made to ensure that descriptions of Goods and prices are accurate, occasionally errors do occur. Ganz (a) reserves the right to change the Goods advertised or offered for sale through this Website, the prices or specifications of such Goods, and any promotional offers and any other Customer Materials at any time and from time to time without any notice or liability to you or any other person, prior to accepting an order already placed; (b) cannot guarantee that Goods advertised or offered for sale on this Website will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) does not warrant that the Ganz Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserves the right to cancel, terminate or not to process orders (including accepted orders) where the price or other material information on this Website is inaccurate. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Ganz may terminate or suspend your Account and/or access to all or part of this Website and/or any Goods available through this Website in the event Ganz (i) determines after reasonable investigation that you have breached this Agreement or that your conduct violates applicable laws or is otherwise harmful to the interests of Ganz or third parties, or (ii) ceases its operations and/or provision of products or services in connection with this Website.
You further acknowledge and agree that all communications and documents between you and Ganz with respect to your use of the Website may take place electronically and that all such electronic notices, agreements, and other communications from Ganz shall be the legal equivalent of written communications.
Ownership of Intellectual Property and Restrictions on Use of Ganz Materials
All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Public Materials, Customer Materials, Goods, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents (collectively, the “Ganz Materials”) are the property of Ganz, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the “Ganz Group”), and are protected, without limitation, by local and foreign copyright, trademark and patent laws. Without limiting the generality of any other provision of this Agreement, use of the Ganz Materials on any other website or networked computer environment is prohibited.
Provided you comply with the terms of this Agreement, Ganz grants you a limited right to access and use this Website, Public Materials, and if applicable, Customer Materials, provided that this right to access and use is limited to the display of the Ganz Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempt to access any of the Ganz Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the rights granted hereunder. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Ganz Materials in a manner that suggests an association with any of our products. You may not make any modifications to any of the Ganz Materials other than as expressly permitted by us.
Without limiting the generality of the foregoing, you agree that you shall not
- Upload, download, post, email or otherwise transmit any content, including but not limited to text, data, photos, graphics, etc. or other material (“Content”) that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you cannot use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that such Content complies with all applicable federal, state and local laws, regulations and ordinances;
- Upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property;
- Incorporate images or names that would violate a person's right of privacy or publicity;
- Incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness;
- Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial, national, or international law;
- Use the service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- Upload any Content that may be seen as condoning or encouraging unsafe practices which would result in the physical, mental or moral harm of children;
- Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, download, post, email or otherwise transmit false or misleading information;
- Disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, servers, or networks connected to or accessible through the Website;
- Access, tamper with or use non-public areas of the Website. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
- Frame the Website within another website or webpage or link to the Website except as permitted in writing by Ganz;
- Use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the service;
- Copy, modify or distribute rights or Content from the Website, service or tools or Ganz's copyrights and trademarks;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- Harvest or otherwise collect information about users, including email addresses, without their consent.
You may be provided with opportunities to submit content and materials on this Website such as in response to surveys or when ordering customized Goods. Customized Goods will combine Ganz Materials with words chosen by you on products for purchase by you, such as t-shirts. All information, data, content and materials entered or submitted by you (collectively, "User Content") remain your responsibility. You understand that Ganz will have final approval before any User Content is associated with Ganz Materials as outlined below.
You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Upon placing your order for customized Goods, you acknowledge that Ganz may review your order, and the User Content it contains, for adherence to our guidelines and compliance with this Agreement. Without limiting the foregoing, Ganz and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable to Ganz and replace it with default content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
You acknowledge and agree that you are solely responsible for the creation of your User Content, and that neither Ganz nor any other party involved in the production of any customized Goods incorporating such User Content is liable for any damages arising from the use of such User Content. Ganz's production of any customized Goods incorporating your User Content does not infer that Ganz approves of such User Content, that the User Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of such User Content.
You acknowledge and agree that Ganz may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process
- Enforce the Agreement
- Respond to claims that any User Content violates the rights of third parties
- Protect the rights, property, or personal safety of Ganz, this Website users and the public.
You hereby agree to (i) waive any claims against the Ganz Group for losses, damages and injuries which are based on or relate to User Content submitted by you and (ii) indemnify the Ganz Group from all claims and expenses, including reasonable attorney's fees, based on or arising from your violation of this Agreement.
You acknowledge and agree that you will use this Website and any products ordered through this Website at all times in accordance with all applicable national, international and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by Ganz to receiving unsolicited commercial electronic messages.
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE GANZ MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GANZ GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
THE GANZ GROUP DOES NOT WARRANT THAT THIS WEBSITE, THE GANZ MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH GANZ’S CUSTOMER SERVICE DEPARTMENT OR A GANZ REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS, PROMISES MADE OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS AGREEMENT AND THIS DISCLAIMER AND THIS AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINALLY, THE GANZ GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS WEBSITE OR THE GANZ MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY GANZ MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY GOODS ORDERED BY YOU THROUGH THIS WEBSITE. IF YOUR USE OF THIS WEBSITE OR THE GANZ MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE GANZ GROUP ARE RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GANZ GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, GOODS OR ANY OF THE GANZ MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, THE GANZ GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GANZ GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, GOODS OR ANY OF THE GANZ MATERIALS OR FUNCTIONS OF THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$25.
NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, THE GANZ GROUP DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY THE GANZ GROUP’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF THE GANZ GROUP.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE GANZ GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBERS OF THE GANZ GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; AND/OR (III) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH THE GANZ GROUP IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
You agree that all orders that you may place through this Website shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
If you have any questions relating to this Website, they can be sent to the attention to our Customer Service Representative. With regard to you purchase orders or the Account, you may contact Ganz by email, phone or facsimile provided in the PO Terms, incorporated into this Agreement by reference. Unless otherwise agreed to by you and Ganz in writing, all disputes arising or related to your purchase order shall be resolved based on the governing law referenced in the applicable PO Terms.
BY ENTERING INTO THIS AGREEMENT, YOU AND GANZ ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement. Your use of this Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Ganz other than that of independent contractors. This Agreement may not be assigned by you.