Terms and Conditions of Use

BEFORE USING THIS SITE, PLEASE CAREFULLY READ THE FOLLOWING.  All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

 

Welcome to SweetpeaToys.com (the "Website"). You understand that your use of this Website constitutes your consent to, and agreement to, abide by the most current version of these Terms and Conditions of Use (the “Terms & Conditions”). Our business changes regularly and we may at any time revise these terms and conditions by updating the Terms & Conditions. You agree to be bound by subsequent revisions and agree to review the Terms & Conditions periodically for changes to the Terms and Conditions of Use. The most up to date version of the Terms & Conditions will always be available for your review under the "Terms & Conditions" link that appears at the bottom of the Website.

COPYRIGHTS:  The Website, its content and compilation of content, and all software used on the Website is copyrighted as a collective work under the United States Copyright Act of 1976 and other copyright laws. It is the property of Sweetpea Toys. The collective work includes works that are licensed to Sweetpea Toys, updated regularly. ALL RIGHTS RESERVED. No part of the collective work may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written permission of Sweetpea Toys. Permission is granted to electronically copy and print hard copy portions for the purpose of placing an order or purchasing products. You must keep intact all copyright, trademark and other proprietary notices. Modification of the collective work for any other purpose is a violation of Sweetpea Toys’ copyrights and proprietary rights.

TRADEMARKS:  All trademarks, service marks and trade names of Sweetpea Toys (Sweetpea Toys, sweetpeatoys.com, www.sweetpeatoys.com) used on the Website are trademarks, registered trademarks or trade dress of Sweetpea Toys. They may not be used in connection with any product or service that does not belong to Sweetpea Toys, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sweetpea Toys or their Website. All other trademarks not owned by Sweetpea Toys that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Sweetpea Toys.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS:  This Website and the materials and products on this site are provided by Sweetpea Toys on an "as is" and "as available" basis. To the full extent permissible by applicable law, Sweetpea Toys disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sweetpea Toys does not warrant that this Website or e-mail sent from Sweetpea Toys are free of viruses or other harmful components. Sweetpea Toys will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Sweetpea Toys makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on the Website. You expressly agree that your use of this Website is at your sole risk. Sweetpea Toys does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

PRIVACY POLICY:  Our Privacy Policy also governs your visit to SweetpeaToys.com

TYPOGRAPHICAL & DESCRIPTION ERRORS: In the event that Sweetpea Toys has mistakenly listed at an incorrect price, Sweetpea Toys reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Sweetpea Toys reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sweetpea Toys shall issue a credit to your credit card account in the amount of the incorrect price. Although we have strong intention to be accurate and error-free, Sweetpea Toys does not warrant that product descriptions on the  are accurate, complete, reliable, current, or error-free. If a product offered by Sweetpea Toys is not as described, your sole remedy is to return it promptly in unused condition.

USE OF WEBSITE:  SweetpeaToys.com grants you a single, non-exclusive, limited personal license to access and use the Website conditioned on your continued compliance with the Terms and Conditions in these Terms. You may not transfer or share your right to access or use of the Website. Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Much of the information on the Website is updated on a real time basis. It is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use the Sweetpea Toys name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying Sweetpea.com or Sweetpea Toys in any meta tags, "hidden text", information used by search engines or other information tools to identify and select sites without the express written consent of Sweetpea Toys.

The license granted under these Terms & Conditions will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Website. You further agree that Sweetpea Toys, in its sole discretion and with or without notice, may terminate your access to the Website, and remove and discard any information or content within the Website. You also agree that Sweetpea Toys will not be liable to you or any third-party for any termination of your access to the Website. 

COMMUNICATIONS: Sweetpea Toys may permit you to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Sweetpea Toys reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Sweetpea Toys a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant Sweetpea Toys and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sweetpea Toys or its affiliates for all claims resulting from content you supply. Sweetpea Toys has the right but not the obligation to monitor and edit or remove any activity or content. Sweetpea Toys takes no responsibility and assumes no liability for any content posted by you or any third party. Without limiting any of the foregoing, Sweetpea Toys is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Sweetpea Toys for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. 

MODIFICATIONS TO THE WEBSITE:  Sweetpea Toys reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website with or without notice. You agree that Sweetpea Toys will not be liable to you or to any third party for any such modification, suspension or discontinuance.

INDEMNIFICATION:  You agree to indemnify and hold Sweetpea Toys and its agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.

TERMINATION: These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Sweetpea Toys without notice at any time, for any reason. The provisions relating to copyrights, trademarks, disclaimers of warranties and limitations, indemnification and communications, shall survive any termination.

GOVERNING LAW / SEVERABILITY:  These Terms & Conditions shall be subject to and construed in accordance with the laws of the State of Washington. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

AGREEMENT TO ARBITRATE CONTROVERSIES: Any dispute relating in any way to your visit to the  or to products you purchase through the  or by phone shall be submitted to confidential arbitration in Washington, except that, to the extent you have in any manner violated or threatened to violate Sweetpea Toys’ intellectual property rights, Sweetpea Toys may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.