General Sales Terms
Key4Play
This site is operated by Key4Play. Throughout the site, the terms "we", "us" and "our" refer to Key4Play. Key4Play offers this site, including all information, tools, and services available on this site, to you, the user, subject to your acceptance of all terms, conditions, policies, and notices set forth here.
All trademarks mentioned on this website are or may be registered trademarks protected by international copyright and industrial property laws and belong to their respective manufacturers and owners. Product images are for illustrative purposes only. The prices mentioned are valid only for online purchases. It is important to note that the prices listed on the site prevail over those advertised on other media and search websites.
ACCESS CODES FOR DIGITAL CONTENT - SALES TERMS AND CONDITIONS
By visiting our site and/or purchasing something on our site, you are using our "Services" and, consequently, agree to the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and conditions and policies referenced herein and/or available through hyperlinks. These Terms of Service apply to all site users, including, but not limited to, viewers, manufacturers, customers, merchants, and/or content contributors. Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to the Terms of Service. If you do not agree with all the terms and conditions of this agreement, you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site after the posting of any changes constitutes acceptance of those changes. Our store is hosted by Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
1. Terms of the Online Store
By agreeing to these Terms of Service, you affirm that you are at least the age of majority in your state or province of residence, or that you are of legal age in your state or province of residence, and that you have given us permission to allow any of your minor dependents to use this site.
You must not use our products for any unlawful or unauthorized purpose. You may not, in using this Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any viruses or any code of a destructive nature.
Violating any of the Terms will result in the immediate termination of your Services.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may: (a) be transmitted over various networks; and (b) be modified to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any contact on the site through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and do not limit or affect the Terms.
3. Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information. Any use of the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we are not obligated to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Service and Price Changes
Our product prices are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content of it) without notice at any time.
We are not responsible to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
5. Products or Services (if applicable)
Certain products or services may be available exclusively online through the site. Such products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. However, we cannot guarantee that the display of any color on your computer monitor will be accurate. We reserve the right to, but are not obligated to, limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. Billing Accuracy and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantity of products purchased per person, per household, or per order. Such restrictions may include orders placed using the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change or cancel an order, we may try to notify you by contacting the email address and/or phone number/billing address provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by resellers, merchants, or distributors. You agree to provide accurate and complete account and purchase information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you when necessary.
For more information, please see our Return Policy.
7. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever for your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk, and you should familiarize yourself with and approve the terms of the tools provided by third-party providers.
We may also, in the future, offer new services and/or features through the site (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
8. Third-Party Links
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy. We do not warrant and will not have any liability or responsibility for any third-party materials, or for any other materials, products, or services of third parties.
We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party policies and practices carefully and ensure that you understand them before making any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third-party company.
9. User Comments, Feedback, and Other Interactions
If, at our request, you send certain specific submissions (such as contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive, or obscene material, or contain any viruses or other malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
10. Personal Data
Your submission of personal information through the store is governed by our Privacy Policy.
11. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Key4Play, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or products obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Key4Play and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
15. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. 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 state where we are registered, without regard to its conflict of law provisions.
19. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20. Contact Information
Questions regarding the Terms of Service should be sent to us at contato@key4play.com.