odysseytoys.com Open in urlscan Pro
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Form analysis
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 * Products
    * Shop
       * Shop All Toys
       * Shop All Parts
   
    * By Theme
       * Dinosaurs
       * Animals
       * Sports & Action
       * Robots
       * Vehicles
       * Drones
       * Bestsellers
   
    * By Age
       * 3+
       * 4+
       * 6+
       * 8+
       * 12+
   
    * Our Brands
       * Aquakai
       * Creepy Critters
       * Flying Machines
       * Hoverboard Heroes
       * Innovation & Games
       * LumeZoom
       * My First
       * Play With Me Plush
       * Pocket Pals
       * Smithsonian
       * Wild Wheels

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TERMS OF SERVICE


TERM OF USE


OVERVIEW

This website is operated by Odyssey Toys. Throughout the site, the terms “we”,
“us” and “our” refer to Odyssey Toys. Odyssey Toys offers this website,
including all information, tools, and services available from this site to you,
the user, conditioned upon your acceptance of all terms, conditions, policies,
and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“TERM OF
USE”, “Terms”), including those additional terms of use and policies referenced
herein and/or available by hyperlink. These terms of use apply to all users of
the site, including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms
of Use. If you do not agree to all the terms and conditions of this agreement,
then you may not access the website or use any services. If these Terms of
Use are considered an offer, acceptance is expressly limited to these Terms of
Use.

Any new features or tools which are added to the current store shall also be
subject to the Terms of Use. You can review the most current version of the
Terms of Use at any time on this page. We reserve the right to update, change,
or replace any part of these Terms of Use by posting updates and/or changes to
our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting of
any changes constitutes acceptance of those changes.


SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least the age
of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.


SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer
over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service or any contact on
the website through which the service is provided, without express written
permission by us.

The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.


SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not
accurate, complete, or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole basis
for making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site is
at your own risk.

This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.


SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.


SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Returns & Refunds.

We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our 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 us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or that
any errors in the Service will be corrected.


SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit card
numbers and expiration dates so that we can complete your transactions and
contact you as needed.

For more detail, please review our Returns & Refunds.


SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).

We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Use.


SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. 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.


SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, ‘comments’), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be under
no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Use
You agree that your comments will not violate any rights of any third-party,
including copyright, trademark, privacy, personality, or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.


SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by
our Privacy Policy.


SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies, or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.


SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are
prohibited from using the site 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, federal, provincial or state 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 the Service or of any
related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.


SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be
uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided ‘as is’ and
‘as available’ for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.

In no case shall Odyssey Toys, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.


SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Odyssey Toys and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made by
any third party due to or arising out of your breach of these Terms of Use or
the documents they incorporate by reference or your violation of any law or the
rights of a third-party.


SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms of Use, such determination shall
not affect the validity and enforceability of any other remaining provisions.


SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or
us. You may terminate these Terms of Use at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Use, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).


SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms
of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be
construed against the drafting party.


SECTION 18 – GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws.


SECTION 19 – CHANGES TO TERM OF USE

You can review the most current version of the Terms of Use at any time at this
page. We reserve the right, at our sole discretion, to update, change, or
replace any part of these Terms of Use by posting updates and changes to our
website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service following
the posting of any changes to these Terms of Use constitutes acceptance of those
changes.


SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at care@odysseytoys.com

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