By using this Site, you agree to these Terms of Use and any other policies posted as part of this Site ("Terms"). If you do not agree to these Terms, you may not use this Site. BananaToys.com reserves the right, at any time, to modify, alter, or update these Terms, and you agree to be bound by such modifications, alterations, or updates.

Contents of this Site and your use of the content

This Site may include materials in many formats, including images, illustrations, audio clips, video clips and text. All of this information is protected by copyrights that are owned by BananaToys.com or its affiliates, or by someone who has licensed the material to BananaToys.com. You may not copy, download, reproduce, republish, upload, post, transmit or distribute in any way materials from this Site. You also may not modify the materials or use the materials for any purpose other than your own personal, non-commercial, home use. Modifying or using the material in any other way is a violation of the copyrights and other intellectual property rights of the material owner. You also are prohibited from using the material on any other web site or networked computer environment.

You will see various symbols (e.g., ©, ®, ™) next to material on this Site. These marks show that the material is a registered or unregistered mark of BananaToys.com  or someone else (a "Mark"). Nothing in this Site grants you any license or right to use any marks displayed on this Site without the written permission of the owner of the Mark. You are strictly prohibited from misusing any Mark or other materials on this Site.

Limited Use

All Site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2003-2008 BananaToys.com, Inc. All Rights Reserved. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an order with BananaToys.com or using this Site as a shopping resource.

BananaToys.com

The site, www.bananatoys.com is controlled and operated by BananaToys.com, Inc. BananaToys.com makes no representation that the information in this Site is appropriate or available for use in locations other than the United States. If you choose to access this Site from a location outside the United States, then you do so on your own initiative and you are responsible for complying with any applicable local laws.

Information that you submit to BananaToys.com

We welcome your comments regarding our merchandise and services, and about this Site. Any notes, messages, ideas, suggestions or other material that you send to us will become the property of BananaToys.com. We may use the material in any way we choose for as long as we choose without any restrictions. By sending us the material, you agree that we have the right to publish the material for any type of use including promotional and advertising purposes and that we do not owe you any compensation for using the material. Because we have an unlimited right to use whatever you send us without paying you any compensation, please do not send us any original creative materials such as artwork, stories, slogans or product designs.

Links to other sites

As a convenience to our customers, we have included links from this Site to sites that are owned by entities or persons that are not affiliated with BananaToys.com. BananaToys.com and the entities affiliated with BananaToys.com do not operate or control the content of these sites. We also do not control the goods or services offered through these sites. When you access one of these sites through a link on this Site, you do so at your own risk. When you click on the link to the other site, you are actually leaving BananaToys.com. So, BananaToys.com and its affiliates expressly disclaim any liability from any injury you may experience while you are in one of these other sites.

Colors and Selection

We make every effort to display the colors of our products included on this Site as accurately as possible. Because the colors that you see depend on your monitor, we do not guarantee that your monitor's display of any color is accurate. The selection of items online often varies from the items featured in our stores and in our store advertisements. Supplies of items featured online are not subject to rain checks.

Disclaimer

This Site and the content of this Site are provided "as is" and without warranties of any kind, either express or implied. BananaToys.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BananaToys.com does not warrant that the content of this Site will be accurate, reliable or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. BananaToys.com does not warrant or make any representations regarding the use or the results of the use of the content of this Site or in linked sites in terms of their correctness, accuracy, timeliness, and reliability or otherwise. You acknowledge, by your use of this Site, that your use of this Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that BananaToys.com shall not be liable for any damages of any kind related to your use of this Site. Price and availability information are subject to change without notice.

Limitations on the liability of BananaToys.com, Inc.

Neither BananaToys.com nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, incidental, exemplary, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever, whether in an action under contract, negligence, or any other theory, based upon or resulting from any information or opinions provided on this Site or from the use of, or the inability to use, BananaToys.com information even if BananaToys.com has been previously advised of the possibility of such damages. You specifically agree that BananaToys.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with this Site or any information on this Site, or with any of these Terms and Conditions of BananaToys.com  your sole and exclusive remedy is to discontinue using this Site. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Termination of Agreement

These Terms will continue as an agreement between us until we terminate them, which we may do at any time without notice to you. We also may terminate your right to use this Site immediately and without notice to you if, in our sole discretion, you fail to comply with any of these Terms. If we do terminate your right to use this Site, then you are no longer authorized to access or use any of the benefits of this Site. In addition, the restrictions we have imposed on you concerning copying or downloading information, and the disclaimers and limitations or liabilities that we have stated in the Terms, will survive our termination of the agreement. The Terms that we have stated are the entire agreement between us relating to each of the issues discussed in those Terms.

Disputes

If you have concerns about this Site, we encourage you to contact us. If you decide to pursue a claim against us, our agreement is governed by and shall be construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You agree to bring any claims against BananaToys.com exclusively in the state or federal courts of California. If any provision of these Terms shall be unlawful, void 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.

Order Acceptance

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. BananaToys.com reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

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