Terms of service
Disclaimers
Customer are informed that their use of this site is at their sole risk. fabula toys expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that make the site available will be virus-free; or that information on the site will be complete, accurate or timely. If a customer downloads any materials from this site, they do so at their own discretion and risk. They will be solely responsible for any damage to their computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by a customer from fabula toys or through or from the site shall create any warranty of any kind. fabula toys does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of liability
Customers acknowledge and agree that they assume full responsibility for their use of the site. They acknowledge and agree that any information they send or receive during their use of the site may not be secure and may be intercepted by unauthorised parties. They acknowledge and agree that their use of the site is at their own risk and that the site is made available to them at no charge. Recognising such, they acknowledge and agree that to the fullest extent permitted by applicable law, neither fabula toys nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site they access through a link from this site or from any actions we take or fail to take as a result of communications they send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site, fabula toys’ removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if fabula toys, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, loss of profits, or theft, destruction, unauthorised access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. Customers specifically acknowledge and agree that neither fabula toys nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. The customer’s sole and exclusive remedy for any of the above claims or any dispute with fabula toys is to discontinue their use of the site.
Indemnification
The customer agrees to indemnify, defend and hold harmless fabula toys and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers' fees and court costs, arising or resulting from their use of the site and any violation of these Terms of Use. If they cause a technical disruption of the site or the systems transmitting the site to themselves or others, they agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers' fees and court costs, arising or resulting from that disruption. fabula toys reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by the customer and, in such case, they agree to cooperate with fabula toys in the defence of such matter.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between the customer and fabula toys with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination
These terms are effective unless and until terminated by either the customer or fabula toys. fabula toys may terminate this agreement at any time without notice, and accordingly may deny the customer access to the Site, if in our sole judgment they fail to comply with any of the Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination for all purposes.