TERMS OF USE

Effective Date October 12, 2020

These TERMS OF USE, including the PRIVACY POLICY and COOKIE POLICY set forth below which are expressly incorporated herein by reference (collectively, these “Terms”), sets forth a binding agreement between you and MAKE BELIEVE VILLAGE LLC and its officers, employees, assigns and successors (collectively “MBV”).  Any access to and use of this Website or any information or functionality provided therein is governed by these Terms. 

The content and materials on the Website are presented solely to provide information regarding MBV’s products available in the United States. MBV makes no representation that the content or materials on the Website are appropriate or available for use in other countries or jurisdictions. Any users who access the Website from other countries or jurisdictions are solely responsible for compliance with local laws in that territory, if and to the extent such local laws are applicable. If you are a non-United States user, please be advised that other countries and jurisdictions may have laws and regulatory requirements that are different from those in the United States.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE.

BY ACCESSING OR USING WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

In addition to these Terms, your use of certain features on the MBV Website may from time to time require you to accept additional terms and conditions applicable to such features.  If such additional terms and conditions are made available in connection with by MBV, then those additional terms and conditions also apply to your use of such features and will control in the event of any conflict with these Terms.

CHANGES TO TERMS

MBV reserves the right, at its sole discretion, to change, modify, update or supplement these Terms at any time (each an “Update”) and will require that you periodically check the Website for changes.  All Updates will be posted to the Website and will become effective immediately.  your continued access to and use of the Website constitutes your consent and agreement to any such future Update.

PRIVACY POLICY

When you access the Website, you may provide or be invited to provide MBV with different types of information, including personal information.  .It is important that you read the Privacy Policy set forth above (the “Privacy Policy”).  It explains what information MBV collects on its Website and how it is shared and used.

AUTHORIZED USERS

Use of the Website is restricted to those individuals that are at least the age of majority in their state of residence, and who are fully able and competent to agree to its Terms.  For those individuals who are not the age of majority, acceptance and consent to the Terms must be made on your behalf by a legal parent or guardian.  If you access or use the Website, you will deemed to have represented and warranted that you (or your legal guardian or parent) have sufficient legal capacity to enter into these Terms.  MBV may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if MBV determine that you have violated these Terms. You further agree that If required by law or necessary to enforce these Terms, to comply with applicable laws or other comparable purposes, MBV may preserve information by you with MBV through the Website or any service offered on or through the Website.  BY ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY MBV DURING OR AS A RESULT OF THE RETENTION AND USE OF SUCH INFORMATION FOR THE STATED PURPOSES.

USE OF THE WEBSITE

MBV grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Website for your personal, non-commercial use.  Your use is subject to your full compliance with these Terms and all applicable laws.  Your promise not to engage in any action that could damage, disable, overburden or impair the Website or interfere with any other user’s use or enjoyment of the Website.

LINKS TO THIRD-PARTY WEBSITES

The Website may contain links to independent third-party websites including social media platforms, such as Facebook or Twitter.  Any links to such third-party websites are provided solely as a convenience to you.  MBV does not endorse and is not responsible for any materials, content, advertising, products or services made available from such third-party websites. MBV are not responsible for any use of a third-party website and its use or handling of any information that you post, transmit or make available on such platforms.

PROPRIETARY RIGHTS

MBV or its licensors (as applicable) own and retain all worldwide right, title, and interest in and to the Website, including any intellectual property rights embodied therein or related thereto. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or attempt to extract the source code of the Website or any software used in connection with the Website, in whole or in part. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Website. The trademarks, service marks, trade names and logos displayed on the Website are registered and unregistered marks of MBV and third parties. Nothing contained on the Website shall be deemed or construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on the Website without the prior written approval of MBV or such third party that may own the applicable mark displayed on the Website. Your misuse of any marks displayed on the Website, or any other content on the Website, except as provided in these Terms, is strictly prohibited. Any feedback you provide to use relating to the Website shall be deemed to be non-confidential. MBV shall be free to use such information on an unrestricted basis.

NON-SOLICITATION OF SUBMISSIONS

MBV does not accept or consider unsolicited creative materials, ideas or suggestions via our website, including, without limitation, unsolicited submissions for motion pictures, television programs, products or services.  Please do not send to us any unsolicited creative materials or similar works or otherwise make any such unsolicited submissions to MBV through the Website or otherwise. MBV shall have no obligation to maintain any of your submissions in confidence or pay to you or any third party any compensation for any such submissions.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MBV EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT. MBV MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. MBV DOES NOT WARRANT THAT THE WEBSITE OR ANY INFORMATION MADE AVAILABLE TO YOU THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY AGAINST MBV FOR DISSATISFACTION WITH THE WEBSITE, ANY MBV CONTENT OR OTHER INFORMATION MADE AVAILABLE TO YOU THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

MBV SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR OTHERWISE RELATING TO: (I) YOUR USE OR INABILITY TO USE THE WEBSITE; (II) ANY ACTION YOU TAKE BASED ON THE CONTENT OR INFORMATION MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE WEBSITE. IN NO EVENT SHALL MBV’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE OR THESE TERMS EXCEED ONE HUNDRED US DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MBV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE FOREGOING LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

COMPLIANCE WITH APPLICABLE LAWS

You represent, warrant and agree that you will comply with all applicable laws in using the Website and that you will not perform or fail to perform any act that you know or reasonably should know would place MBV in violation of any law.

GOVERNING LAW AND JURISDICTION

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of any choice or conflict of law provision that would cause the laws of any jurisdiction other than those of the State of Georgia to apply. Any claims or causes of action that you or MBV may bring to enforce these Terms or, in connection with, any matters related to the Website shall be brought only in the state or federal courts located in Fulton County, Georgia, and you expressly consent to the jurisdiction of such courts. The Website is controlled and operated by MBV from its offices in the State of Georgia. 

MISCELLANEOUS

MBV will not be liable to you for any failure or delay in our performance if such failure or delay is caused by circumstances beyond our reasonable control. The headings of the various sections in these Terms are for convenience of reference only and shall not affect the interpretation of these Terms. MBV reserve the right to assign or transfer our rights and obligations under these Terms. You may not assign or transfer any of your rights and obligations under these Terms. Any purported assignment by you in violation of these Terms shall be void. Any provision of these Terms that contemplates performance or observance subsequent to any termination of these Terms, or which is otherwise necessary to interpret the rights or obligations of you or MBV hereunder, shall survive any termination of these Terms and continue in full force. If any provision herein is determined to be invalid or unenforceable under law, such provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible, and the remaining provisions of these Terms shall continue in full force. No delay or omission by MBV to exercise any right occurring upon any non-compliance by you with respect to these Terms shall impair any such right or be construed to be a waiver thereof. These Terms state the entire agreement between you and MBV with regard to the subject matter hereof and supersede all prior and contemporaneous agreements, whether written or oral, between you and MBV regarding such subject matter.

QUESTIONS

If you have any questions or comments regarding these Terms, the Privacy Policy or the Website, please feel free to contact us at the address set forth below or by e-mail at info@makebelievevillage.com.

Make Believe Village LLC

3324 Peachtree Road, Northeast – Unit 1414

Atlanta, Georgia. 30326

info@makebelievevillage.com