Terms of Use

Terms of Use

IMPORTANT NOTICE:

These "Terms of Use" govern the use of the website currently located at www.techdeck.com ("Site") which is owned and operated by Spin Master, Ltd. ("SPIN MASTER" or "TECHDECK.COM"). By using the Site you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use the Site. We reserve the right to change, modify, add or remove portions of these terms at any time. Any changes that we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or via electronic mail. Your continued use of the Site after we have posted changes to the terms means you have accepted those revised terms. You can tell if this Terms of Use has been modified since you last reviewed it by checking the following date.

PRIVACY POLICY: Please read our privacy policy, which is part of this Terms of Use.

MEMBERS AND MEMBERSHIP

If you become a registered member of the Site ("Member"), we will provide you with access to certain content and/or services ("Membership"). You may become a Member by registering on the Site, providing an e-mail address and other personal information and then obtaining a unique TECHDECK.COM Member Name and password. Membership is non-transferable. By registering to become a Member you agree (a) to provide accurate, current, and complete information about yourself as prompted by our registration form and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You agree that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site.

APPROPRIATE ONLINE CONDUCT

You agree to use the Site in a manner consistent with all applicable local, state, federal and other laws and regulations and in accordance with this Terms of Use.

SPIN MASTER does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, or sexual orientation, nor do we tolerate discriminatory or harassing conduct on the Site. Members who are found to be engaging in such prohibited conduct may have their Membership privileges terminated.

SPIN MASTER does not permit the use of vulgar or offensive language in your Member Name or anywhere on the Site. You may not use as your Member Name the name of any person (other than yourself), or the name of any entity or organization, or any term that is the same as, or confusingly similar to, a trademark, service mark, or copyrighted expression, or that violates any other proprietary right held by SPIN MASTER or any third party. SPIN MASTER may, at its own discretion and without notice, delete or revoke any Membership associated with a Member Name of this or any other objectionable nature.

You are entirely responsible and liable for all of your activities on the Site. Listed below are some, but not all, violations that may result in termination of your access to the Site. By using this Site, you agree not to do any of the following:

• (a) Post, transmit, promote, or distribute content that is illegal.
• (b) Harass, threaten, embarrass, or do anything else to another Member or user of the Site that is unwanted. This means: do not say bad things about them, don't keep sending them unwanted messages, don't attack their race, heritage, gender, sexual orientation, etc.
• (c) Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable in a reasonable person's view.
• (d) Disrupt the flow of chat areas with vulgar language, abusiveness, or other conduct that may disrupt normal activities.
• (e) Pretend to be anyone whom you are not. You agree not to impersonate another Member or user, an SPIN MASTER staff member, or anyone else.
• (f) Attempt to get a password, other account information, or other private information from a Member, or harvest e-mail addresses or other information.
• (g) Post any unsolicited advertising, promotional materials, or any other forms of solicitation.
• (h) Transmit any software or other materials that contain any virus, worm, time bomb, Trojan Horse, or other harmful or disruptive component.
• (i) Engage in spamming or flooding.

SPIN MASTER may terminate any Membership (and any and all related content, communications, postings, or web pages) at any time, without notice, for conduct that violates any law or regulation, these Terms of Use, or other policies or guidelines set out by SPIN MASTER elsewhere on the Site, or for material that SPIN MASTER in its sole discretion believes is harmful to other Members, the business of SPIN MASTER or other third parties. Individuals who have had their Membership terminated may not continue to utilize Membership privileges in any manner or for any reason without the express written permission of SPIN MASTER.

If SPIN MASTER becomes aware of the presence of material on its servers that violates or is alleged to violate intellectual property or any other rights of any party, either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts SPIN MASTER, by certified mail, of the specific location on the Site and content of such material along with an explanation of the alleged violation, SPIN MASTER will contact the Member responsible for the material and alert him or her of the allegations and notify the Member that within five days he or she must respond as to why the material does not violate the rights in question. Regardless of whether or how the Member responds, SPIN MASTER reserves the right to remove the material. In any event, if in its sole and absolute discretion, SPIN MASTER believes that any material posted by a user of the Site may violate the rights of any other party, SPIN MASTER reserves the right to delete the offending material at any time without prior notice. Notwithstanding the reservation of rights in this paragraph, SPIN MASTER assumes no obligation to protect or police the intellectual property rights of you or other third parties or to monitor the Site or materials that you or others post on the Site.

MAKING PURCHASES

If you wish to purchase products or services described on the Site, you will be asked by SPIN MASTER or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by SPIN MASTER in the manner described in our Privacy Policy [provide link]. You agree that all information that you provide to SPIN MASTER or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Descriptions or images of, or references to, products or services on the Site do not imply SPIN MASTER'S endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to SPIN MASTER'S acceptance of any order. Price and availability of any product or service are subject to change without notice.

SUBMISSIONS AND POSTINGS

Please note that, because we and our designees host chat rooms and other forums found on the Site, and therefore distribute materials you provide to us, we require certain rights in those materials. Accordingly, anytime you upload, distribute or publish content, materials, information or ideas ("Submissions") to, on or through the Site, you grant us the non-exclusive worldwide sublicensable irrevocable right to use, edit, copy, remove, distribute, create derivative works from, display and perform (publicly, digitally or otherwise), publish, make, sell and import such Submissions in any form and medium now known or hereafter developed, including electronically or in hard copy and whether alone or as part of a collective work, without compensation to you. You shall retain, however, whatever other ownership rights you have in elements of such Submissions owned by you.

Communications you post to the Site are made publicly available and are not private. Chats, postings, conferences, and other communications by users of the Site are solely the opinions of the participants and are not endorsed by us and do not represent the views of SPIN MASTER. Such communications shall not be considered reviewed, screened or approved by us. We have no obligation to monitor, censor, edit, or engage in ongoing review or surveillance of communications stored on or transmitted through our facilities by users of the Site or any other materials that you or other third parties transmit to or post on the Site. However, you acinfo and agree that we have the right (not the obligation) to monitor the Site and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting); to block access to content or other communications; and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors; and to comply with legal obligations or governmental requests.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

SPIN MASTER asks you to respect the intellectual property of others. In order to protect the intellectual property of others from misuse we ask you to help us. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Site infringe your copyright, please provide SPIN MASTER's Copyright Agent with a notice of infringement ("Notice") containing the following information:

• (a) An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
• (b) A description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the Site where the material that you claim is infringing is located, including enough information to allow us to locate the material and to determine why you believe an infringement has taken place;
• (c) A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL where it is posted or the name of the book in which it has been published;
• (d) Your address, telephone number, and e-mail address;
• (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• (f) A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

SPIN MASTER Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By Mail:

If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SPIN MASTER a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed under the DMCA. We suggest that you consult a legal advisor before filing a Notice or counter-notice. Also be aware that there can be penalties for false claims under the DMCA.

SPIN MASTER will terminate Membership privileges and access to the Site for those who engage in acts of infringement.

LIABILITY AND WARRANTY DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND ANYONE WHO HELPED US TO CREATE, PRODUCE, DELIVER, OR MAINTAIN THE SITE HEREBY DISCLAIM LIABILITY FOR ANY AND ALL INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES AND ATTORNEYS' FEES ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO CHALLENGES OR ACTIONS FOR INFRINGEMENT, LIBEL, AND SLANDER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF SPIN MASTER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

FURTHER, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED OR WAIVED UNDER APPLICABLE LAW. SPIN MASTER AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACinfo THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES relATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR relIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SPIN MASTER OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIrelY AT YOUR OWN RISK.

Some of the photographs, videos and materials appearing on the Site might portray experienced and professional athletes. The moves and stunts pictured or otherwise described should only be attempted by those with proper training and equipment. Extreme sports are potentially hazardous. ALWAYS use your common sense when engaging in extreme sports. To minimize the chance of injury, stay within your abilities and ALWAYS wear appropriate protective equipment.

INDEMNIFICATION

Upon our request, you agree to indemnify and hold us harmless from all liabilities, claims, losses and expenses, including attorneys' fees, that arise directly or indirectly from any breach of these Terms of Use for which you are responsible, or from your use of this service or transmission of any content through this Site. In other words, if you do something that, according to these terms, warrants the termination of your Membership or use of the Site, you must accept full responsibility for anything that happens afterwards.

OWNERSHIP AND RESTRICTIONS ON USE

The Site is owned and operated by SPIN MASTER in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acinfo that you do not acquire any ownership rights by using the Site.

If you download any software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.

All trademarks, service marks, company names, product names, service names, trade names, symbols and logos, including but not limited to those related to the names "Spin Master, Ltd." and "Tech Deck" (collectively, the "Trademarks") used on this Site are the property of SPIN MASTER or their respective owners. Nothing contained herein grants any right to the use of any Trademark used on this Site without the written permission of SPIN MASTER or the respective Trademark's owner. In addition, the images, graphics, audio clips, video clips, text and other materials provided on this Site may be protected by copyright or trademark law as the intellectual property of SPIN MASTER or its vendors, suppliers or licensors or other users. None of the material provided on this Site may be reproduced, copied, downloaded, uploaded, displayed, posted, distributed, reproduced or transmitted in any manner without the prior written consent of SPIN MASTER. Notwithstanding the foregoing, materials in the "Downloadable" section of the Site may be distributed for non-commercial purposes and may not be modified or changed in any manner.

All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of SPIN MASTER or of their respective owners.

SPIN MASTER reserves the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site; or change or institute any fees or charges for use of the Site.

JURISDICTIONAL ISSUES

The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. [The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Serbia (Yugoslavia), or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.]

We reserve the right to limit the availability of the Site and/or the provision of any service, program, materials, or other product described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, materials, or other product provided.

SWEEPSTAKES, CONTESTS AND GAMES

Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Terms of Use, governs any information you submit in connection with such sweepstakes, contests, and games.

TERMINATION

This Terms of Use shall remain effective until terminated in accordance with its terms. Either party may terminate this Terms of Use immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Terms of Use by either party, your right to use the Site shall immediately cease.

NOTICE

If you need to contact us regarding the Site or this Terms of Use, please e-mail us at info@techdeck.com.

PROTECTION OF MINORS

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation: http://www.eff.org/

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at
(916) 445-1254 or (800) 952-5210

MISCELLANEOUS

This Terms of Use is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of San Diego, located in San Diego, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire Terms of Use agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements between us. This Terms of Use is not assignable, transferable or sublicensable by you except with SPIN MASTER's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.