Terms & Conditions

To provide better services for you, before you start to use Toymany products and related services, please read carefully and fully understand the terms of the Toymany Terms & Conditions (hereinafter referred to as the "Agreement"), especially the terms of exemption or limitation of liability, applicable law, and dispute resolution. Terms of exemption or limitation of liability and other terms involving your vital rights and interests may be in uppercase or underlined to remind you to pay attention. If you have any questions about this Agreement, please contact Toymany customer service at ecommerce@toymany.com.

IF YOU ARE A MINOR UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE, PLEASE READ CAREFULLY AND FULLY UNDERSTAND THIS AGREEMENT ACCOMPANIED BY YOUR LEGAL GUARDIAN, AND USE THE PLATFORM SERVICES AFTER OBTAINING THE CONSENT OF THE LEGAL GUARDIAN.

PLEASE DO NOT USE THE PLATFORM SERVICES UNLESS YOU HAVE FULLY READ, FULLY UNDERSTOOD AND ACCEPTED ALL OF THE TERMS OF THIS AGREEMENT. BY FILLING IN THE INFORMATION AS PROMPTED ON THE REGISTRATION PAGE, READING AND AGREEING TO THIS AGREEMENT AND COMPLETING THE ENTIRE REGISTRATION PROCESS, YOU HAVE FULLY READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND AGREE TO BE BOUND BY THIS AGREEMENT AND OTHER AGREEMENTS AND RULES RELATED TO THE PLATFORM SERVICES (INCLUDING BUT NOT LIMITED TO THE TOYMANY PRIVACY POLICY) AS A PARTY TO THIS AGREEMENT, BECOMING A USER OF TOYMANY.

If you have not applied for the registration process, or have been a registered user of the Platform before the effective date of this Agreement, by accessing and/or using our Platform Services, you are deemed to agree to be bound by these terms.

The headings of each term are intended to assist you in understanding the subject matter of the terms and do not affect or limit the meaning or interpretation of the terms of this Agreement. To protect your rights and interests, you are advised to read the specific expressions of each term carefully.

If you do not agree with the content of this Agreement, Toymany will not be able to provide you with the full service, and you may return the products and services through the prompts in the Return and Exchange Policy.

1. DEFINITION

1.1 Platform Operator/We/Toymany: each legal entity that individually or collectively refers to the operation of the Platform.

1.2 Platform:  https://www.toymany.com

1.3 Platform Services: services we provided to you based on the Internet in various forms including the Platform (including new forms of services emerging from future technological development).

1.4 Platform Rules: all rules, interpretations, announcements, etc. that have been released and subsequently released on all our Platforms, as well as various rules, implementation rules, product descriptions, announcements, etc. issued by the Platform in channels, activity pages, help center, etc.

2. SCOPE OF AGREEMENT

2.1 Contracting parties

This Agreement shall be legally binding on both you and our Platform Operator.

Under this Agreement, our Platform Operator may be changed according to the business adjustment of the Platform, and the changed Platform Operator will comply with this Agreement and provide services to you, and your rights and interests under this Agreement shall be guaranteed. New Platform Operator may be added for the provision of new services on the Platform, and if you use the new services on the Platform, you shall be deemed to agree that the new Platform Operator shall jointly perform this Agreement with you.

In case of dispute, you may determine the subject of performance and the other party of the dispute according to the specific service you use and the specific behavior object that affects your rights and interests.

On a global basis, our Platform applies to the areas where use is permitted by laws and regulations, and it is your responsibility to ensure that Toymany products and services are available legally in your area.

2.2 Supplementary Agreement

Due to the rapid development of the Internet industry, the terms and conditions set forth in this Agreement concluded by you and us cannot fully enumerate and cover all rights and obligations of you and us, and the existing agreements cannot guarantee full compliance with the needs of future development. Therefore, unless otherwise stated, the relevant statements, policies, rules and agreements released on the Platform are all supplementary to this Agreement, which are inseparable from this Agreement and have the same legal effect. If you use our Platform Services, you are deemed to agree to the aforesaid supplementary agreements.

The Platform system may be upgraded occasionally and various new features may be added, including but not limited to the user registration feature and the associated video and picture storage features under the registration account, etc. Your continued use of our Platform Services is deemed to be your knowledge of our Platform system upgrades and changes and your agreement to abide by the latest rules of our Platform.

3. ACCOUNT REGISTRATION AND USE

3.1 User Qualifications

YOU ACKNOWLEDGE THAT YOU SHALL BE A NATURAL PERSON, LEGAL PERSON OR OTHER ORGANIZATION WITH FULL CAPACITY FOR CIVIL CONDUCT WHEN YOU START TO REGISTER, LOGIN AND ACTUALLY USE OUR PLATFORM SERVICES. IF YOU DO NOT HAVE THE AFOREMENTIONED QUALIFICATIONS, YOU AND YOUR GUARDIAN SHALL BEAR ALL THE CONSEQUENCES CAUSED BY THIS IN ACCORDANCE WITH THE LAWS AND REGULATIONS. IN PARTICULAR, IF YOU ARE A MINOR, PLEASE ACCESS AND/OR USE OUR PLATFORM SERVICES WITH THE CONSENT AND GUIDANCE OF YOUR GUARDIAN.

3.2 Account description

After you fill in the information as prompted on the registration page, read and agree to this Agreement and complete the entire registration process, you may obtain an account on our Platform and become a user of our Platform.

You have the right to log in to our Platform using the user name, email address or cell phone number (user name, email address and cell phone number are collectively referred to as "User Name") you set or confirm for our Platform and the password you set (User Name and Password are collectively referred to as "Account"), or log in to our Platform using your Apple ID, Facebook Account and WeChat Account.

Owing to the association between the user's account and user's information, you may transfer your account only if expressly provided by law or regulation, judicial decision or with our consent and in accordance with the Account transfer process set forth in the Platform Rules. Once your Account is transferred, the rights and obligations under the Account will be transferred as well. In addition, your Account may not be transferred in any manner whatsoever, otherwise, all liability arising therefrom shall be borne by you.

4. REGISTRATION INFORMATION MANAGEMENT

4.1 Truthfulness and Legality

BY USING OUR PLATFORM SERVICES, YOU CONFIRM THAT THE REGISTRATION INFORMATION YOU PROVIDE ON OUR PLATFORM IS TRUE, ACCURATE, COMPLETE, LEGAL AND VALID AND THAT ANY CHANGES TO YOUR REGISTRATION INFORMATION SHOULD BE UPDATED IN A TIMELY MANNER SO THAT WE CAN CONTACT YOU IF NECESSARY.

You understand and agree that if the registration information provided by you is not legal, true, accurate or detailed, you shall bear the corresponding responsibilities and consequences arising therefrom and we reserve the right to terminate your use of our Platform Services.

The user name you set up shall not violate the relevant applicable laws and regulations and the Platform Rules on user name management, otherwise we may suspend the use of your user name or cancel it and report to the relevant competent authorities.

You understand and promise that your user name, avatar and profile and other registration information shall not contain illegal and undesirable information, there shall be no fraudulent use of or association with institutions or social celebrities. You shall abide by the requirements of laws and regulations, national interests, lawful rights and interests of citizens, public order, social morality and ethos and information authenticity in the process of registering your account.

4.2 Update Maintenance

You shall update the information you provide promptly, and if the law requires us to verify the information of some users, we will check and verify your information from time to time by the law, and you shall cooperate in providing the latest, true and complete information. You shall bear all consequences arising from inaccurate and untrue personal information provided by you.

If we are unsuccessful in contacting you according to the last information you provided, or if you fail to provide information promptly as requested by us, or if the information you provide is inaccurate, you will bear all losses and adverse consequences caused to yourself, others and us.

4.3 Account Security Policy

Your Account is set up and maintained by you. You are advised to keep your account and password secure, to avoid using overly simple passwords, and to ensure that you log out at the end of each online session and correctly leave our Platform. We are not responsible for any loss, forgetting or theft of your account or password that is not caused by our Platform. If you find that your personal information has been compromised, please contact us immediately.

Your Account is for your personal use only and may not be lent or shared with others. When your account is used without authorization, you should immediately notify us, otherwise the unauthorized use is considered your actions, and you will be responsible for all the resulting losses and consequences.

5. OUR PLATFORM SERVICES AND SERVICE SPECIFICATION

Our Platform Services are limited to your use on the Platform, and any service obtained by separating the Platform Services from the Platform by malicious cracking or other illegal means is not part of our Platform Services as agreed in this Agreement. The perpetrator shall be responsible for all legal consequences arising therefrom, and we will pursue the legal responsibility of the perpetrator by the law.

The only legal way to download, register, login and use our Platform Services is the way officially announced on our Platform, any other channel, and any way you obtain our Platform Services (including and not limited to Account, points, experience value, points goods, exchange goods, gifts, downloads, etc.) is illegal, we do not recognize its validity, and once found, we have the right to immediately delete, cancel, clear, block, etc. Any adverse consequences resulting from this shall be borne by you.

You understand and acknowledge that you have no ownership rights to the derivatives such as usage records, subscriptions, favorites, points, experience value, growth value, rank, identification, coupons, virtual point products, virtual exchange products, virtual gifts, downloads, etc. that you obtain by using our Platform website or our Platform account (unless otherwise announced on our Platform), and we permit you to use them by our Platform Rules. We will not be liable for any such derivatives. You agree and warrant that you will not use our Platform Services or its derivatives (including, but not limited to, accounts, points, rank, point products, event giveaways, downloads, and other services) to resell, exchange, pledge, or otherwise illegally trading them for value. You will not use our Platform Services or its derivatives to violate the legitimate rights and interests of others, and you are prohibited from stealing or misappropriating other people's accounts, points, point products, etc. through network vulnerabilities, malware or other illegal means.

You understand and acknowledge that if you pay or top up your Account on our Platform through a third party-payment instrument, any business risks that may arise (including but not limited to illegal activities by wrongdoers using your Account or valuable cards such as bank cards), such risks may cause you corresponding economic losses, and we shall not be liable for your aforementioned risks and losses, provided that we fully perform our obligations under this Agreement and comply with the legal requirements.

6. INTELLECTUAL PROPERTY RIGHTS STATEMENT

6.1 The intellectual property rights of the content (including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, graphics, layout, electronic documents, etc.) provided by us in our Platform Services belong to us. The copyrights, patents and other intellectual property rights of the software on which we provide our Platform Services are owned by us. No one may use (including but not limited to monitoring, copying, transmitting, displaying, mirroring, uploading, or downloading) the content of our Platform Services without our permission, through any robot, "spider" or other program or device.

6.2 We provide technical support for the development and operation of our Platform Services and have all rights to all data and information generated in the course of the development and operation of our Platform Services to the extent permitted by laws and regulations.

6.3 Please do not use any of our trademarks, service marks, trade names, domain names, website names or other distinctive brand features, including but not limited to "Toymany" (hereinafter collectively referred to as "Marks"), under any circumstances). You may not display, use, or apply for registration of a trademark, domain name, etc., in any manner, either alone or in combination with the Marks described herein, nor may you do anything that expressly or impliedly entitles you to display, use, or otherwise deal with such Marks without our prior written consent. If you use our trademarks or logos in violation of this Agreement in a manner that causes damage to us or others, you shall bear full legal responsibility.

6.4 You understand and acknowledge that when using our Platform Services, you are exposed to content and information from a wide variety of sources and that we cannot be responsible for the accuracy, authenticity, availability, security, completeness and appropriateness of such content and information. You understand and acknowledge that you may be exposed to content and information that is inaccurate, offensive, inappropriate or objectionable and that you will not hold us liable for such content and information. We do not endorse, recommend or express an opinion on any content and information uploaded, posted or transmitted by users on our Platform, nor do we accept any liability for errors, defects and loss or damage arising from any content and information, and any use of the content and information by you is at your own risk.

6.5 You agree that we may place commercial advertisements or any other type of commercial information in the course of providing the Services on our Platform in various ways (including, but not limited to, placing advertisements in any location on our Platform, placing advertisements in the content you upload or transmit), and you agree to accept that we may send you promotional or other relevant commercial information. While we send the aforesaid information to you, we will provide you with a convenient unsubscription method. If you do not need to receive the aforesaid information, you may choose to unsubscribe from relevant services according to the prompt.

6.6 You represent and warrant that your use of our Platform complies and will comply with the provisions of applicable laws and regulations. In any case, once we reasonably believe that your behavior may violate the above-mentioned laws and regulations, we may take the relevant default handling measures in section 11 at any time and without prior notice.

7. USER BEHAVIOR SPECIFICATION

7.1 PROHIBITED ACTIONS

(1) Impersonating another person, or falsely claiming to be affiliated with any person or entity (including setting a false account name or accessing another user's account) when registering for an account or using our Platform Services.

(2) Falsifying headers or otherwise manipulating content in a way that causes others to believe that the content is transmitted by us.

(3) Uploading, posting, emailing or otherwise transmitting content that we are not authorized to transmit (e.g., internal information, confidential information).

(4) Sending any unsolicited or unauthorized spam, advertising or promotional material, or any other commercial communication.

(5) Using our Platform Services for any commercial purpose or for the benefit of any third party without our express permission.

(6) license, sell, lease, lend, transfer (except as expressly permitted in Section 7.4), distribute, host, outsource, divulge or otherwise commercially exploit Our Software, or make Our Software available to any third party; remove or modify any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in Our Software;

(7) Accessing our Platform Services, collecting or processing content available through our Platform Services through the use of any automated programs, software, engines, web crawlers, web analytics tools, data mining tools or similar tools.

(8) Engaging in any "framing", "mirroring" or other techniques designed to mimic the appearance and features of our Platform Services.

(9) Interfering or attempting to interfere with any user's or any other party's access to our Platform Services.

(10) Intentionally distributing viruses, network worms, Trojan horses, corrupted files or other malicious code or items.

(11) Sharing or posting personally identifiable information about such persons without the express consent of such persons.

(12) Probing or testing our Platform Services, systems or other users' systems for vulnerability to intrusion attacks or otherwise circumvent (or attempt to circumvent) any security features of our Platform Services, systems or other users' systems.

(13) To decompile or reverse engineer software used by our Platform Services, or attempt to do any of the foregoing.

(14) Opening multiple accounts for sabotage or abuse, or maliciously uploading duplicate, invalid bulk data and information.

(15) Intentionally or unintentionally violating any applicable laws.

You shall consciously comply with the above provisions, and we have no obligation to review and monitor your compliance with the above provisions; however, we or our authorized persons have the right to require you to correct or directly take all necessary measures (including but not limited to changing or deleting your uploaded or published content, etc., suspending or terminating your right to use the Service) at any time if the personal information you provide is untrue or if you violate any of the above provisions in using the Platform Service to mitigate the effects of your misconduct.

 

8. PROTECTION OF USERS' PERSONAL INFORMATION

8.1 WE ATTACH GREAT IMPORTANCE TO THE PROTECTION OF USERS' PERSONAL INFORMATION. WHEN WE PROVIDE SERVICES TO USERS THROUGH OUR PLATFORM, WE WILL COLLECT, STORE, USE, SHARE, TRANSFER, PUBLICLY DISCLOSE, PROTECT AND MANAGE USERS' INFORMATION AND PRIVACY FOLLOWING THE RELEVANT LAWS AND REGULATIONS. OUR PRIVACY POLICY IS SPECIFIED IN THE TOYMANY PRIVACY POLICY. USERS AGREE TO CAREFULLY READ FULLY UNDERSTAND AND ACCEPT THE PRIVACY POLICY AND AGREE THAT THE PRIVACY POLICY IS AN IMPORTANT PART OF THIS AGREEMENT. WE WILL CEASE TO CONTINUE COLLECTING PERSONAL INFORMATION ACTIVITIES WHEN WE CEASE TO OPERATE THE SITE.

8.2 In general, you can browse and modify the information you submit at any time, but for security and identification reasons, you may not be able to modify the initial registration information and other verification information provided during registration

8.3 We will not disclose your personal information to any company, organization or individual outside of us without your consent, except as otherwise provided by law or regulation.

8.4 We attach great importance to the protection of minors' personal information. If you are a minor under the laws of the jurisdiction in which you reside, you are required to obtain the written consent of your parent or legal guardian before using our platform.

 

9. LIABILITY FOR BREACH OF CONTRACT

9.1 Both parties shall jointly comply with this Agreement, and if one party breaches the Agreement and causes damage to the other party, the breaching party shall compensate the defending party for the damage.

9.2 Unless otherwise agreed by both parties, if the User breaches any of the obligations, promises, guarantees, etc. in this Agreement, we shall have the right to take one or more of the following measures to deal with the breach at any time concerning the circumstances of the breach, in particular the damage caused to us or the relevant third party. (1) In case you violate this Agreement or other terms of service, we have the right to take measures such as advanced warning, refusal to post, immediate suspension of transmission of information, deletion of content or comments, short-term prohibition of posting content or comments, restriction of part or all of the account features until termination of the provision of services, permanent closure of an account, etc., at our independent judgment and as appropriate, for which you are unable to use your Account and related services normally and We shall not be responsible for any consequences such as not being able to access the relevant rights and interests in your account normally.

 

10. DISCLAIMER

To the extent permitted by applicable law, our Platform disclaims all warranties of any kind, express or implied, including warranties of title, implied warranties of merchantability and warranties of fitness for a particular purpose.

To the maximum extent permitted by applicable law, you expressly acknowledge and agree that your use of our Platform is at your sole risk and responsibility. In no event and for no reason, including negligence, shall we be liable for damages, compensation or resulting losses (including direct, compensatory, incidental, indirect, special, material or punitive damages) arising out of or in connection with our Platform or the terms of our Platform Rules, even if we have been advised of the possibility of such damages, compensation or losses. without prejudice to the generality of the foregoing, we shall not be liable to you or any third party for (i) your use of, or inability to use, our platform for any reason; (ii) any content provided by or in connection with our Platform; (iii) inaccuracies, incompleteness or errors in the information provided on our Platform; (iv) unauthorized access to, or collection, storage or transmission through our Platform; (v) errors, system failures, network or system outages, file corruption or interruptions in service; or (vi) any other use of our Platform by you. In addition, we shall not be liable if our Platform (or part thereof) is unable to provide the Platform Services or to perform its obligations under this Agreement as a direct or indirect result of equipment, transmission or delivery problems, or other industrial disputes, war, natural disaster, terrorism, explosion, force majeure or other events beyond our control.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law. Nothing in this Agreement shall affect your legal rights as a consumer, nor can such rights be varied or waived by you by agreeing to this Agreement.

 

11. CHANGES TO THE AGREEMENT

We may amend this Agreement and the Supplemental Agreement in accordance with changes in national laws and regulations and changes in our Platform Services, and we will notify you of such changes (the "Changes") in the manner set out in Section 15 of this Agreement. You should pay attention to our Platform announcements, alerts and changes to the content of the Agreement from time to time.

You acknowledge and confirm that if you do not agree to the changes, you shall immediately cease using our Platform Services as of the effective date determined by the Changes; if you continue to use our Platform Services after the Changes become effective, you shall be deemed to know and agree to accept the Changes as they become effective.

 

12. NOTICE

You agree that we may serve notices of any kind on you in the following reasonable manner. (1) Publicly announced copy. (2) Site messages, pop-up messages, and push messages. (3) Emails, SMS, correspondence, etc., based on the contact information you have reserved on our Platform.

 

13. TERMINATION OF THE AGREEMENT

13.1 Circumstances of Termination You have the right to terminate this Agreement in any of the following ways. (1) If you cancel your account through the website when the liquidation conditions such as account cancellation as published on our Platform Website are met. (2) If you discontinue use and expressly do not wish to accept the changes before they become effective. (3) You expressly do not want to continue to use our Platform services and meet the conditions for termination of our Platform.

13.2 We may terminate this Agreement by giving you notice in the manner set out in clause 12 of this Agreement if: (1) you breach this Agreement and we terminate this Agreement under the breach clause. (2) you transfer your Account, steal another person's account, publish prohibited content and information, cheat others, or use improper means to make profits, and we seize your Account by our platform rules. (3) in addition to the above, your Account is blocked by us by our Platform rules because you have repeatedly violated the relevant provisions of our Platform Rules and the circumstances are serious. (4) Your account is canceled or liquidated by us by this Agreement. (5) you have violated the legitimate rights and interests of others or other serious violations of the law in our Platform. (6) other cases where we should terminate the Platform Services by relevant laws and regulations.

13.3 Handling after the termination of the Agreement: Upon termination of this Agreement, we shall not be obliged to disclose any information in your account to you or a third party designated by you, except as expressly provided by law. Upon termination of this Agreement, we have the following rights: (1) continue to store other content and information you retain on our platforms for as long as necessary for the purposes stated in the Toymany Privacy Policy. Unless a longer retention period is required or allowed by law. We will take all appropriate technical and organizational steps to prevent unauthorized access to or disclosure of your data, but it is still important to note that no safety measure is completely reliable; (2) We may still hold you liable for past breaches of this Agreement.

If any provision of this Agreement is deemed to be invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the UK.