AIRSOFT GUN DISCLAIMER
This website sells airsoft guns. Airsoft guns are required and sold with orange tip. It is illegal to remove the orange tip. You must be 18 years or older to purchase and use any airsoft gun. Do not shoot or point any airsoft gun at a human, animal or any sensitive object and always read the instructions before use. Toykin.com can not be held responsible for any harm caused by airsoft guns sold on our website.
TERMS AND CONDITIONS OF WEBSITE USE
This Website is provided by Toykin.com (hereinafter "Toykin" or "we"). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS, IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS WEBSITE.
You may print and keep a copy of this License Agreement, and Toykin may change the terms of this Agreement. The changes will appear in this document, which you can access at any time by selecting "Terms and Conditions" If you use this web site after Toykin has changed the License Agreement, you are agreeing to be bound by all the changes.
Right to Use this Website
Toykin grants a limited, non-exclusive, revocable license to you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this License Agreement. This Website contains materials and other items relating to Toykin and its products and services, and items from our business partners, licensors, and licensees, and other third parties (collectively, the "Material"). The Material may be in the form of information, text, data, photos, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, videos, software or other forms and formats. Your unauthorized use of Material may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Toykin™, Toykin.com™, and Toykin…for Your Munchkin™ are among the service marks of Toykin. Toykin’s marks may not be used in any way without receiving Toykin’s prior express written permission. The trademarks, logos, and service marks displayed on this Website are owned by Toykin, its affiliates, business partners, licensors, licensees and other third parties, and this Website’s trade dress is owned by (collectively, the "Trademarks", which also constitute Material). All Trademarks not owned by Toykin are the property of their respective owners, and except for User-Generated Content, are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
This Website offers online capabilities to purchase products (such as toys and other related products) and services. In order to use this Website for purchases, you must be 18 years of age or older to make any such purchases. By ordering a product or service online from Toykin, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from Toykin without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to our Return Policy.
Display of Products and Services
Regarding products and services featured on this Website, please note that we make every effort to display the products and services that appear on this Website as accurately as possible. However, at times, product colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services.
Moreover, at times, due to inventory shortages, and/or during high sales volume seasons, a particular product that you purchase may not be immediately available in stock. If this occurs, we will notify you within two business days and issue refund for that particular item.
When you make a purchase on this Website you assume the responsibility for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services. We collect the sales from California residents.
Shipping and Processing
You are also responsible for paying all shipping and processing charges relating to your online purchases, and for obtaining insurance for your purchases.
Returns and Warranties
Please review our Return Policy prior to your purchase.
When you visit this Website or send electronic messages to Toykin, you are communicating with Toykin electronically. Hence, you consent to receive communications from Toykin electronically. Toykin will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Toykin provides to you electronically satisfy any legal requirement that such communications be in writing.
Copyright and Limitations on Use
The materials available through this Website (including, but not limited to, the organization and layout of this site, photographs, reports, images, illustrations, news articles, reviews, summaries, audio and video clips) are the property of Toykin or its licensors and are copyrighted and protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this web site solely for your personal, non-commercial use; however, any print out of this web site, or portions of the Website, must include Toykin’s copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise agreed, you agree not to copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Website in any type of format or by any means, including, but not limited to the Internet, Intranet or other network.
Procedure for Alleging Copyright Infringement
Toykin will respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("USDMCA"). If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:
- Legend or subject line that says: "USDMCA Copyright Infringement Notice";
- Description of the copyrighted work that you claim has been infringed;
- The URL of the page where the material that you claim is infringing is located;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- Your electronic or physical signature.
Toykin may elect to not respond to USDMCA notices that do not comply with all of the foregoing requirements. Toykin may also elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the USDMCA.
Disclaimers and Limitations of Liability
This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. TOYKIN AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THIS WEBSITE, OR THE WEBSITE ITSELF. NEITHER TOYKIN NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE AND ANY CONTENT THROUGH THE WEBSITE. TOYKIN DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN TOYKIN WILL NOT BE LIABLE FOR THOSE COSTS.IN NO EVENT WILL TOYKIN, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE. TOYKIN AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Toykin may discontinue or change the web site, or its availability to you, at any time, and you may always terminate your usage at any time. This License Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this License Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
This License Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and State of California, as if this was a contract wholly entered into and wholly performed within the State of California.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states in part: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.�?
Links to and from Third-Party Sites
You agree to indemnify, defend, and hold harmless Toykin, its affiliates, owners, officers, business partners, licensors and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website, your violation of this User Agreement, or your violation of any law, rule, or regulation, or the rights of Toykin or any third-party.
Jurisdiction, Venue, and Alternative Dispute Resolution
Any controversy or claim relating to this Website, or this License Agreement not otherwise resolved between you and Toykin shall be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration will be conducted in Los Angeles, California and judgment on the arbitration award may be entered into any court having jurisdiction over it.
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from the remainder of this License Agreement and shall not affect the validity or enforceability of the remainder of this License Agreement.