TERMS AND CONDITIONS OF USE
Last Modified on March 17, 2017
In this ToU, "Hasbro", "we", "us" and "our" means Hasbro India LLP, a limited liability partnership having its registered address at Unit No. 1302, 13th Floor, Tower 3, India Bulls Finance Center, SB Marg, Elphinstone West, Mumbai, Maharashtra: 400013, India.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your agreement to these ToU. If you do not agree to these ToU, do not use this Site. Hasbro may modify these ToU at anytime. Viewers and users of this Site under the age of 18 must obtain parental consent.
Restrictions On Use of Materials
Hasbro may change, move or delete portions of, or may add to, this Site from time to time.
TO THE FULL EXTENT PERMITTED BY LAW, THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HASBRO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Hasbro has no duty or policy to update any information or statements contained on this Site and, therefore, such information or statements should not be relied upon as being current as of the date you access this Site. Moreover, any portion of the materials available on this Site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this Site, the Software and to the products described on this Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HASBRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HASBRO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. HASBRO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMITTED BY LAW, YOU (AND NOT HASBRO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
TO THE FULL EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HASBRO BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF HASBRO OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HASBRO'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO HASBRO, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Links to Other Web Sites
Hasbro makes no representation whatsoever regarding the content of any other web sites which you may access from this Site. When you access a non-Hasbro web site, please understand that it is independent from Hasbro and that Hasbro has no control over the content on that web site. A link to a non-Hasbro web site does not mean that Hasbro endorses or accepts any responsibility for the content or use of such web site.
In consideration of Hasbro's continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Hasbro without any compensation. You agree to execute any and all documents that Hasbro may reasonably request in connection with confirming Hasbro's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this Site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and/or (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this Site by you.
You agree to indemnify, defend and hold Hasbro and/or its affiliates harmless from any and all claims, demands, damages or other losses, including reasonable attorneys' fees, resulting from or arising out of your use of the Site or any breach by you of this ToU or any other policies that Hasbro may issue for the Site from time to time.
This ToU is effective unless and until terminated by either you or Hasbro. You may terminate this ToU at any time by no longer using this Site, provided that all prior uses of this Site shall be governed by this ToU. Hasbro may terminate this ToU at any time and without notice, and accordingly deny you access to this Site, in Hasbro's sole discretion for any reason or no reason, including your failure to comply with any term or provision of this ToU t. Upon any termination of this ToU by either you or Hasbro, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this ToU or otherwise.
Governing Law and Jurisdiction
Regardless of which jurisdiction you reside, this ToU shall be governed by, and will be construed under, the laws of India, without regard to choice of law principles. All disputes arising out of or related to your use of the Site shall be subject to the exclusive jurisdiction of the Court of law located within Mumbai, India and you agree to submit to the personal jurisdiction and venue of such courts.
Any dispute arising out of or in connection with this ToU, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered as per Arbitration and Conciliation act 1996, or any amendment thereto, by the Mumbai Centre for International Arbitration (“MCIA”) in accordance with the Arbitration Rules of the MCIA ("MCIA Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
(a) The number of arbitrators shall be three.
(b) The seat, or legal place, of arbitration shall be Mumbai, India.
(c) The language to be used in the arbitration shall be English.
(d) The governing law of the contract shall be the substantive law of India and the arbitral proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and/or any amendment thereto.
1. ToU Revisions.
This ToU may only be revised in a writing signed by Hasbro, or published by Hasbro on the Site.
2. No Partnership.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hasbro as a result of this ToU or your use of the Site.
Hasbro may assign this ToU, in whole or in part, to any person and/or entity at any time with or without your consent. You may not assign the ToU without Hasbro’s prior written consent, and any unauthorized assignment by you shall be null and void.
If any provision or part-provision of these ToU is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this ToU shall not affect the validity and enforceability of the rest of these ToU.
5. No Waiver.
Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
All notices given by you or required under this ToU shall be in writing and addressed to: Hasbro India LLP, Unit No. 1302, 13th Floor, Tower 3, India Bulls Finance Center, SB Marg, Elphinstone West, Mumbai, Maharashtra: 400013, India.
7. Entire Agreement
This ToU, including the documents and/or policies expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.