Child's Galaxy - Terms of Use / User Agreement

WWW.CHILDSGALAXY.COM USER AGREEMENT
This Version In Force Since July 3rd, 2004

Application of Terms and Conditions

Please read this agreement carefully as it governs your complete use of the Child's Galaxy web site via www.childsgalaxy.com and/or www.childsgalaxie.com and/or http://66.225.212.220 collectively referred to as the "Web Site", or via links from other web sites, search engines or any other form of access.

This section contains important information that exempts Child's Galaxy and other persons, business entities from liability and should be reviewed each time you access this Web Site. Your access and use of this Web Site constitutes your full acknowledgment and unconditional agreement to be bound by the Terms and Conditions as provided.

These Terms and Conditions are in effect from the time you access this Web Site and will survive with you beyond the exiting of this Web Site. Each time you access this Web Site the text of this agreement as it then reads will govern your use. If you do not agree with any of these Terms and Conditions your sole and exclusive remedy is to discontinue use of the Child's Galaxy Web Site.

UNAUTHORIZED REPRODUCTION OF OUR WEBSITE

Any copying and/or reproduction, in whole or in part, of material on this Web Site including, but not limited to, the compilation, HTML code and configuration, text, images, logos, product descriptions is Not Authorized.

Child’s Galaxy has created and initiated our Anti-Plagiarism Strategies (A.P.S) program to aggressively and effectively Detect, Track and Defend our web pages against unauthorized reproduction. Full details are listed here – A.P.S PROGRAM.

Permitted Users and Access

Child's Galaxy offers the service of purchasing products on our Web Site to be used only by persons residing in the United States who have reached a minimum 16 years of age. This Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this Web Site is done so in compliance with applicable laws, and that you meet the required minimum 16 years of age prior to purchasing on the Web Site.

Changes To Agreement

You may not change, supplement, or amend this Agreement in any manner. Child's Galaxy may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site.

Product - Misprints, Errors, Pricing, Availability

Child's Galaxy makes every effort to provide the internet community with a current, accurate and informative Web Site. However, the possibility of misprints, or other errors may occur. Child's Galaxy reserves the right to correct or change the prices, fees, descriptions as well as any other material displayed on our Web Site at any time without notice or liability. If you have ordered services or products to which the price was incorrectly displayed, we will notify you of such and the opportunity to replace the order at the correct price will be available.

Child's Galaxy regularly obtains updates and current information in relation to product availability. However, due to a variety of influences particular products may become unavailable prior to our regularly scheduled updates. If an order has been placed for an item that suddenly becomes temporarily unavailable we will notify you at the first opportunity with out liability. Child's Galaxy will issue a prompt and complete refund of all charges.

PRIMARY DISCLAIMER

THE CHILD'S GALAXY WEB SITE IS OWNED AND OPERATED BY CHILD'S GALAXY AND OFFERED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, CHILD'S GALAXY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON INFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. THE CONTENT OF THIS WEB SITE, INCLUDING PRICING INFORMATION AND PRODUCT DESCRIPTION, HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND IS SUBJECT TO CHANGE WITHOUT NOTICE, ASARE ANY PRODUCTS, PROGRAMS, OFFERINGS, OR TECHNICAL INFORMATION DESCRIBEDWITHIN THIS WEB SITE. CHILD'S GALAXY MAKES NO REPRESENTATION OR GUARANTEE WHATSOEVER REGARDING THE COMPLETENESS, ADEQUACY, SUITABILITY, OR ACCURATE FUNCTIONALITY OF THIS WEB SITE OR ITS CONTENT. THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHILD'S GALAXY DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE WILL BE ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS AND/OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEB SITE.

LIMITATION OF LIABILITY

IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL CHILD'S GALAXY OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE AND/OR ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE OR RELATED MATERIAL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE OR RELATED MATERIALS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AN EMPLOYEE OR AUTHORIZED REPRESENTATIVE OF CHILD'S GALAXY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CHILD'S GALAXY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

NO ADVISE OR SOLICITATION

THIS WEB SITE IS FOR CONVENIENCE PURPOSES ONLY. THIS WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU ARE DIRECTED TO SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THIS WEB SITE.

Links To and From Other Sites

Periodically our Web Site may offer links or banners to other sites or you may have linked to our Web Site through another site or search engine. Child's Galaxy does not endorse nor make and warranties or representations about any services, products or data you may access, download or use during your visit(s) and/or use of these web sites. Child's Galaxy expressly disclaims any liability for any negative effects you may experience during your visit(s) to other sites through the mentioned links.

Order Acceptance

The advertisements on this Web Site are invitations for purchase orders, and are not offers to sell. Your properly completed online order with payment and/or mailed, faxed, emailed or phoned order constitutes your offer to purchase the goods or services referenced in your order. Child's Galaxy reserves the right, with or with cause or liability and without prior notification to you, to limit the quantities of an order and/or refuse to sell/service any customer at our sole discretion. If you wish to cancel an order, you may do so by sending an email to customersupport@childsgalaxy.com. However, the opportunity to process the cancellation request is limited to the time lines related between the order placed vs. the receipt of the cancellation request, in which case your cancellation request may not be effective.

Submission of Information

Any comments, feedback, notes, messages, ideas, suggestions or any other form of communications submitted to Child's Galaxy shall become and remain the property of Child's Galaxy. Your submission of such shall constitute a willing assignment of any rights, titles and interests in any copyrights or intellectual property rights to Child's Galaxy. As a result, Child's Galaxy is immediately entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensation to you in any way. With this in mind, we strongly discourage you from forwarding any type of confidential information or original creative materials, artworks, ideas that you do not wish to assign to Child's Galaxy.

Disputes and Claims

Child's Galaxy is readily available to work positively with you to resolve any concerns you may have as a result of our web site relationship. Your access and use of this Web Site constitutes your unconditional agreement that any legal claims brought forward by you and/or parties acting on your behalf and/or in your interest, be brought against Child's Galaxy, without exception, within the courts of Ontario, Canada. If any of these Terms shall be unlawful or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. If you do not agree with any of these Terms and Conditions your sole and exclusive remedy is to discontinue use of this Web Site.

Right To Terminate

Child's Galaxy offers this Web Site site with out any obligation to provide you with the services and/or products offered in this Web Site. We may terminate your right to use our Web Site immediately with or with our cause at our sole discretion and and without notice to you. If we do terminate your right to use this Web Site, then you are no longer authorized to access or use any of the benefits of this Web Site. In addition, the full Terms and Conditions in all areas imposed and agreed on by you will survive our termination of your use of this Web Site.