Website Terms of Use

Last Updated October 11, 2023

Welcome to The Magic Toybox. Please read these Terms of Use (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Magic Toybox Website, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement ("Agreement") between you and The Magic Toybox (“Magic Toybox” or “we,” “us,” or “our”) governing your access to and use of the Magic Toybox Website, including any Web pages thereof (collectively, the "Site") and all associated services (collectively, "Magic Toybox Services"). Our Privacy Policy located at https://www. contact@magictoybox.co/privacy/ is incorporated into these Terms by this reference.

YOU AGREE TO READ THESE TERMS CAREFULLY BEFORE EACH USE OF THE SITE.

The Site is offered and made available only to users 18 years of age or older. If you are not yet 18 years old, then you may view the Site, but are not permitted to purchase any Magic Toybox Services. You must have a parent or guardian’s permission to purchase any Magic Toybox Services. Moreover, if your use of the Site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Site immediately. BY USING THE SITE: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE A PARENT OR GUARDIAN’S PERMISSION FOR YOUR USE OF THE SITE AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY MAGIC TOYBOX SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR MAGIC TOYBOX SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.

When we use the term "Agreement" we mean and are referring to these Terms, as well as any additional terms and conditions that apply to and govern your use of the features, functions and services we make available to you from time to time through the Site. These Terms will remain in full force and effect as long as you are a user of the Site, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended or deactivated for any reason.

The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, receive data from the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the Site that may direct your browser or your connection to third party Web sites or Web pages.

1. GENERAL USE OF THE SITE.

There are portions of the Site that we make available to users in the general public without registering (“General Users”) and General Users may visit and browse those portions of the Site without charge or obligation. In order to access and use certain other services, features or functions of the Site, for instance to order Products, you must first become a member by registering an account ("Account"). You can register an Account by providing certain personal information, e.g., name, address, email address and creating a password. You must provide accurate, current and complete information during the registration process and keep your Account profile information up-to-date at all times. Prior to opening an Account, you will be required to agree to our Deposit Policy set forth below. You may NOT register more than one (1) Account unless Magic Toybox authorizes you to do so. Moreover, you may not assign or otherwise transfer your Account to another party. You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your personal information, should you authorize anyone else to use your Account. You must immediately notify Magic Toybox if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

2. MODIFICATIONS.

These Terms are effective as of October 11, 2023. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice. We will post or display notices of material changes on the Site. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You acknowledge and agree that it is your responsibility to review the Site and these Terms periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

3. OWNERSHIP AND PROPRIETARY RIGHTS.

Copyright © 2023 Magic Toybox – All Rights Reserved.

The Site, including all content, media and materials, all software, code, design, text, images, artwork, photographs, computer graphics, audio and video material, media files, as well as any accompanying materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Site , including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed, alone or in conjunction with other works, characters, real or imaginary, in any part of the world, are the property of Magic Toybox and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content"). All Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.

You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract or download any Content from the Site unless you are expressly authorized to do so by Magic Toybox. As an express condition of your use of the Site, you warrant to Magic Toybox that you will not use the Site for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Magic Toybox makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Site .

We respect the intellectual property of others, and we ask you to do the same. Accordingly, Magic Toybox has adopted the following Intellectual Property Compliance Policy. If you or any user of the Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;

b. Identification of the IP Rights claimed to have been infringed;

c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;

d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;

e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and

f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.

Designated Agent for Claimed Infringement:

[Contact Party]

The Magic Toybox

Fax: _________________

E-mail: ________________

On notice, we will act expeditiously to review and if necessary to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively "Marks") on or of the Site , including, without limitation, "MAGIC TOYBOX,” and our stylized logo are the intellectual property of and proprietary to Magic Toybox, its advertisers, suppliers and others with whom Magic Toybox does business. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of Magic Toybox.

4. LICENSE AND SITE ACCESS

You may not use the Site or its Content for any commercial use You may not use any Product listings, descriptions, or prices; make any derivative use of the Site or its Content; download or copy any membership information for the benefit of another merchant; or use any data mining, Web scraper, spider, robots, or similar data gathering and extraction tools on the Site. The Site or any portion of thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Magic Toybox. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the Site without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our Marks without our express written consent. Any unauthorized use terminates the permission or license granted by Magic Toybox.

As an express condition of your use of the Site, you warrant to us that you will not use the Site for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content.

5. SUBSCRIPTIONS OR NON-SUBSCRIPTIONS

Magic Toybox offers both subscriber and non-subscriber rental options (see https://magictoybox.co/services). Both options let you rent Products from us, including board games, card games, dice games, and jigsaw puzzles from many different brands, with the option to purchase the Products you rent. To activate a monthly or annual subscription (“Subscription”), you must provide a valid debit or credit card (your "Payment Method"). As set forth in further detail below, your Subscription will continue, and your Payment Method will be automatically charged the monthly or annual Subscription Fee (as defined below), until you cancel your Subscription. Unless expressly stated otherwise in this Agreement, monthly and annual Subscription Fees are non-refundable.

Once subscribed, you will be able to start adding Products to your Account. You will be entitled to receive one (1) Product at a time, in accordance with the terms of your Subscription plan. As between you and us, you will be solely responsible for the condition of each Product until you return each Product to our affiliate’s kiosk. You agree to treat the Product with great care. You are responsible for any loss, destruction or damage to the Product due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear, which Magic Toybox will determine in its sole discretion. If you return a Product that is damaged beyond normal wear and tear, you agree that we or our Payment Processor (as defined below) may charge your Payment Method the cost to repair or replace the Product, as determined in our sole discretion.

Instead of a monthly or annual Subscription, members may rent Products on a Non-subscription basis by paying an individual rental fee for such Product requested. Subject to your compliance with the Terms in this Agreement, we do not impose a deadline by which you must return a Product that you have rented, except that you must return the Product that you received (except for any of those Products that you purchase) in order to receive your Product. When the Product you have in your possession has either been returned to us or purchased, you may pick up your next Product.

6 DEPOSIT POLICY

Renting requires a cash sum in your account to act as a deposit against any loss Products. Subscribers have this in the form of their Subscription cost. Non-subscribers may pay in cash or tokens. If a subscriber has possession of a Product when their Subscription lapses, they will owe a rental deposit. They may renew their Subscription, or return the Product and rent it out again at the expense of a rental Fee plus deposit.

All rentals require a deposit. Deposits can be paid in cash or MagicToybox tokens. All rented items must at all times be covered by a deposit. An active subscription acts as a rental deposit for the Product that is taken out under it. Rental deposits on Products purchased under tokens are considered paid in the refundable token charge held at time of rental. Deposits are refundable within 30 days of return. Deposits will not be refunded in the case of loss, damage, breakage, or other defacement of the rental Product. All decisions regarding what constitutes loss, damage, breakage or defacement rests with absolute and final discretion of Magic Toybox. Deposits can be credited towards the purchase of a Subscription, or towards a subsequent deposit. This debit must be approved by Magic Toybox. Magic Toybox retains the right to refuse debit. All decisions on this matter are with the absolute and final discretion of Magic Toybox. Deposit prices for items are declared under the Fee policy located here: https://magictoybox.co/policies. If you retain a Product after the expiration of your Subscription, you are immediately liable for the rental deposit. This can be mitigated by renewing your Subscription. In this case, the item need not be returned. Alternatively, you may return the item. In this case, you must check the item back in, and check it out as a Non-subscriber. This transaction will include the payment of rental Fees & deposits.

7. ACCURACY OF INFORMATION & PRODUCT DESCRIPTIONS

We try to assure the accuracy of all information displayed on the Site, but it is possible that the information contains errors, inaccuracies, or omissions. In particular, with respect to Product information, we have tried to accurately describe such information. Despite our best efforts, some of such information may contain errors. We are not liable for any harm caused or related to any such errors.

With respect to Products offered on the Site, we have tried to accurately display colors, but depending on the specifications and settings of your computer and its monitor, the colors you see might not accurately depict the actual colors of the Product. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. In addition, due to typical and very common manufacturing inconsistencies, Product weights and measurements can vary slightly from the specific information set forth on the Site. Minor Product variations in color, weights and measurements will not be considered as resulting in Products being deemed defective.

Despite our best efforts, a small number of the Products on the Site may be mispriced. If a Product sold on the Site is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your Payment Method has been charged (in which event we will issue a credit to your account in the amount of the charge). Please note that this policy applies only to Products sold by Magic Toybox. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

8. PAYMENT PROCESSING

We use a third-party payment processor (the "Payment Processor") to bill you for any pay-to-use Services. You agree to pay us and authorize us, through the Payment Processor, to charge your Payment Method at the prices then in effect for your use of any of our pay-to-use Services, in accordance with the applicable payment terms. You agree to make payment using your selected Payment Method and to promptly notify us and/or update your Payment Method upon any changes to your billing information (including, for example, if your Payment Method expires or is canceled for any reason). You further agree that if the Payment Processor is not able to charge your preferred Payment Method, we or our Payment Processor may charge you for your use of any pay-to-use Services using any Payment Method stored on record for your Account. We do not accept prepaid debit or gift cards for recurring payments. We reserve the right to suspend or terminate your access to the Services (including your Subscription) in the event that we are unable to successfully charge your Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor may make, even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon demand.

9. SUBSCRIPTION AUTO-RENEWAL; SUBSCRIPTION FEES

By activating your Subscription, you agree that we or our Payment Processor may automatically charge your Payment Method the fee applicable to your Subscription plan (plus applicable taxes, the "Subscription Fee") on a pre-paid, recurring basis until you cancel your Subscription or your Subscription is otherwise terminated in accordance with these Terms. Your monthly or annual billing cycle will begin based on the day of the month that you initially subscribe to Magic Toybox. This means that the date on which you first activate your Subscription will serve as your "anniversary" for purposes of your monthly or annual billing cycle (your "Billing Date"), and that your Payment Method will be charged each month on or around your Billing Date until you cancel your Subscription or it is otherwise terminated in accordance with these Terms. Accordingly, you acknowledge and agree that, at the end of each billing cycle, your Subscription will automatically renew, and your Payment Method will automatically be charged the appropriate Subscription Fee, unless you cancel your Subscription before the start of your next billing cycle (i.e., before your next Billing Date).

By activating your Subscription, you accept all responsibility for all recurring charges prior to Subscription cancellation, and you acknowledge and agree that we or our Payment Processor may charge your Payment Method the applicable Subscription Fee without further notice to or authorization from you, until you cancel your Subscription or otherwise notify us that you have terminated this authorization. For information about how to cancel your Subscription, see Section 11 below.

If you fail to pay your Subscription Fee, we may, in our sole discretion, terminate your Subscription or suspend your access to the Services. Further, if you do not pay the amounts you owe to us when due, then we may need to institute collection procedures to obtain the delinquent payment. To the extent permitted under applicable law, you agree to pay our costs of collection against you, including, without limitation, reasonable attorneys' fees.

10. RETURNS OF RENTED PRODUCTS

All Products will be picked up and returned to our affiliate kiosks. When the Products you have in your possession have been returned or purchased in their entirety, you may pick up your next Product. We will use commercially reasonable efforts to permit you to pick up new Products promptly upon processing your return, but you acknowledge that, as a result of the time needed for processing and delivery, there may be a delay between your return of Products and your receipt of new Products.

11. CHANGING YOUR SUBSCRIPTION PLAN

You have the option to switch from a Subscription to a Non-subscription plan by emailing us with your change request at contact@magictoybox.co. If you change from a Subscription to a Non-subscription plan, then a Subscription Fee will not be charged to your Payment Method. Non-subscription plan will start on your next billing cycle, and you will be able to continue using your original Subscription plan through the end of your then-current billing month. Thereafter, Magic Toybox will charge a Non-subscription rental fee for the Products that you rent.

12. CANCELING YOUR SUBSCRIPTION

You may cancel your Subscription at any time. You may cancel your Subscription or Non-subscription plan by emailing us at contact@magictoybox.co. Once you cancel your Subscription or Non-subscription plan, you will not be eligible to receive any additional Products. You may continue to use the Products you have in your possession, but you must return all such Products to us on or before the last day of your billing cycle. If we do not receive the Products on time, you will be charged the retail price for the Products. Cancellations are not prorated, and you will not receive a refund for any portion of a Subscription Fee or Non-subscription rental fee that you have paid. Your cancellation will take effect at the end of your then-current billing cycle.

13. RENTAL TOKENS

Besides Subscription and Non-subscription plans, Magic Toybox also sells store rental tokens that can be used to rent Products above the single serial rental available on a Subscription or Non-subscription plan. Rental deposits on Products purchased using rental tokens are considered paid at the time of rental. Tokens cannot be refunded for cash or transacted in for any purpose other than payment of a deposit for a Product or rental of a Product. Misused tokens will be destroyed without refund. Tokens have no cash value. Tokens are non-fungible. Purchases made using tokens are not refundable in cash.

14. PRODUCT PURCHASES

You may elect to purchase any Product in your possession that you have rented through your Subscription or Non-subscription plan. The purchase price ("Purchase Price") for each Product will be listed on the Site. The Purchase Price for each Product is dynamic and based on a wide range of factors, including the Product's rental history. We reserve the right to alter the Purchase Price, applicable discounts (if any), and availability of any Product at our discretion and without notice to you. To purchase a Product, log in to your Account, navigate to the Product section, and click "Buy Item" next to the Product you wish to purchase. Upon placing an order to purchase a Product, you authorize us or our Payment Processor to charge your Payment Method for the Product's Purchase Price plus applicable taxes.

You acknowledge and agree that you may only purchase Products from us if you have an active Account with Magic Toybox. Only those Products designated by us as available for purchase are eligible for you to purchase. UNLESS OTHERWISE INDICATED, THE PRODUCTS FOR SALE MAY HAVE BEEN PREVIOUSLY USED BY OTHER CUSTOMERS AND ARE NOT NEW. WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCTS YOU PURCHASE. ALL PRODUCTS ARE SOLD ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, AND ALL PRODUCT SALES ARE FINAL AND CANNOT BE CANCELED, REFUNDED, RETURNED, OR EXCHANGED.

All Product prices are shown in U.S. dollars, and are valid and effective for all Products ordered through the Site on the day they are ordered. All prices are subject to change without notice. With respect to Products sold by Magic Toybox, we cannot confirm the price of such Product until you place your order; however, we do NOT charge your Payment Method until after your order has been finalized.

15. MODIFICATION AND TERMINATION BY US

You acknowledge and agree that we may terminate, modify, and/or limit for any reason in our sole discretion the Services (including Products) that are available to you (including through your Subscription), including, but not limited to, by restricting orders placed through your Account or made with your Payment Method or billing address. We further reserve the right to terminate your Subscription, in our sole discretion upon notice to you. If we terminate your Subscription, we will provide you with, as determined in our sole discretion, either (i) a prorated refund of the Subscription Fee, in which case, your access to the Services will immediately terminate, and you will be required to immediately return to us any Products you have in your possession; or (ii) continued access to the Services available with your Subscription for the remainder of your then-current billing cycle (in accordance with the Terms in this Agreement), in which case, you must return to us any Products you have in your possession by no later than the last day of your billing period. Notwithstanding the foregoing, we will not issue any refunds in connection with any termination related to your conduct that violates any of these Terms or any applicable law.

16. TAXES

You are responsible for any taxes imposed on the sale, rental or use of Products and applicable taxes will be added to the amount charged for Products purchased or rented through the Site. You agree to indemnify, defend and hold Magic Toybox, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from your failure to pay any taxes to the proper governmental authorities.

17. DISCLAIMER AND LIMITATIONS OF LIABILITY.

We try to assure the accuracy of all information displayed on the of the Site, although we cannot guarantee that all of the information is 100% accurate. AS SUCH, THE SITE AND ALL MATERIALS, AND SERVICES THEREON ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. EXCEPT AS SPECIFICALLY SET FORTH HEREIN IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site . You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site .

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE , MAGIC TOYBOX OR, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR MAXIMUM AGGREGATE MONETARY LIABILITY UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY AND INFRINGEMENT) SHALL NOT EXCEED $1,000.00.

18. INTERNATIONAL USE.

Although the Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

19. MISCELLANEOUS TERMS.

Without limitation, this Agreement contains the entire understanding and agreement between you and Magic Toybox and supersedes any and all prior, inconsistent or other understandings relating to the Site and your use of the Site. This Agreement cannot be modified, changed or terminated, except as specifically described herein. Moreover, you shall not assign this Agreement or any part thereof to a third party, and any such assignment, or attempted assignment, will be null and void.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions herein and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Site , regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

Magic Toybox shall not be in default of any obligation under this Agreement if the failure to perform the obligation is due to any event beyond its control, including significant failure of a part of the power grid, significant failure of the Internet, failure of third party tools and services used to provide the App, natural disaster, war, riot, insurrection, pandemic, terrorist activity and events related thereto, strikes or other organized labor action, or other events of a similar magnitude or type.

This Agreement and your use of the Site shall be governed by, construed and enforced in accordance with the substantive laws of the State of Colorado applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the applicable State and Federal Courts situated in the State of Colofado and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Magic Toybox has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. In addition, in disputes concerning this Agreement, Magic Toybox shall be entitled to the costs of collection, enforcement, and injunctive relief, including reasonable attorneys’ fees and court costs, and all necessary expenses, regardless of whether litigation is commenced.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.