Terms and Conditions

Terms and Conditions

Welcome to Nanni and Deeda’s Toys and the Gather and Play Café website (the “Site”). The Site is operated by Laurel Lea Creative, LLC, a California limited liability company (“LLC,LLC”, “We” or “US”) Please read the following Terms and Conditions carefully. 

By using this Site, you acknowledge and agree that you have read and agree to be bound by the Terms and Conditions (the “Agreement”). This Agreement is made between LLC, LLC and You or, in the case that you represent and are using the Site on behalf of a company or other entity, that company or other entity (“You” or “Your”). If you do not agree to be bound by this Agreement, please, exit the Site now and refrain from using any materials or content that you may have downloaded, copied, or accessed from the Site. LLC, LLC reserves the right to revise the Terms of Use at any time without notice to you. 

By using the Site, you agree to be bound by any such revisions and should, therefore, review the Terms and Conditions to determine the then current Terms and Conditions to which you are bound. The most current version of the Terms of Use can be reviewed by clicking on the “Terms and Conditions” hyperlink located at the bottom of the home page and store on this Site. 

1. USE OF THE SITE. This Site is not intended for use by children under the age of 13. You may access and use the Site solely for lawful purposes and only in accordance with the terms of this Agreement. Access to certain portions of the Site or use of certain content may require that you agree to the terms of an additional agreement. Any such additional agreement is in addition to this Agreement and, in the event of a conflict between the terms of this Agreement and the additional agreement, the terms of the additional agreement will control. LLC,LLC reserves the right at any time and in its sole      discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice.
2. REGISTRATION. This Site may include a process by which You may apply to become a registered user (a “Registered User”) of the Site in order to access nonpublic areas      of the Site. If the Site has such a registration process, Your access to the Site will be limited until You apply for and are approved as a Registered User of the Site. Your approval as a Registered User is at the sole discretion of LLC,LLC. In connection with Your application to become a Registered User, You may be asked to submit certain information about yourself (“Registration Information”). If Your application to become a      Registered User is approved, You will be asked to create a password-protected account to access certain nonpublic areas of the Site (an “Account”). You agree to keep your Account information and password confidential. You agree to notify LLC,LLC immediately of any actual or suspected unauthorized use of Your Account. You are solely responsible for all activities that occur through Your Account. LLC,LLC will not be      responsible for any loss to You caused by your failure to comply with these obligations. You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, You may be assigned or permitted to create a user ID for use in identifying Your Account (a “User ID”). You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorization; or (iii) use a User ID that LLC,LLC, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate      termination of your Account.
3. TERM AND TERMINATION. This Agreement will be effective on the date You first use the Site and will continue until terminated. LLC,LLC may terminate this Agreement immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon written notice to LLC,LLC, such termination effective 10 business days following acknowledgment of receipt of such notice by LLC,LLC. LLC,LLC may also suspend your use of the Site and direct You to cease using the Site with or without notice to You and with or without cause. Upon any termination of this Agreement, all rights granted to You under this Agreement will cease; if You are a Registered User, your Account will be closed, and You must promptly discontinue all access to any part of the Site and the use of any Content downloaded or otherwise obtained from the Site. Sections 3, 4, 5, 6, 9, 10, 13 and 14 of this Agreement will survive termination or expiration of this Agreement for any reason.
4. CONTENT. The text, files, images, graphics, illustrations, information, data, audio,      video, photographs and other content (collectively, “Content”) available on or offered through the Site (such Content, collectively, “Site Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property      Rights”). Unless otherwise noted on the Site, as between You and LLC,LLC, its partners and licensors, all Site Content is owned by LLC,LLC. Unless otherwise specifically stated in connection with particular Site Content, or in an additional agreement between LLC,LLC and You, the following terms and conditions apply to your use of Site Content.
       a. You may print a copy of any Site Content solely for your own personal, non-commercial use.
       b. You must use the Site Content only in conformance with all terms and conditions displayed on the Site.
       c. You may use any Site Content only for instructional and educational purposes as part of programs sponsored by LLC,LLC, or for such other express purpose as may be expressly indicated on the Site Content itself.
       d. You may use the Site Content only in the form provided on or through the Site and may not modify, amend, or combine any Site Content with other material to form any new Content.
       e. You may not use any Site Content for any commercial purpose or charge a fee or other consideration in exchange for the Site Content.
       f. You may not utilize the Site Content to sell, advertise, endorse, or otherwise promote any other service, product, or party.
       g. All use of the Site Content must be accompanied by an acknowledgment that the Site Content is owned by LLC,LLC.
       h. You must otherwise abide by all Intellectual Property Rights, notices,      information, or restrictions contained on or in any Site Content.
       i. You obtain no ownership rights in or to the Site or Site Content through this Agreement, and no other rights to utilize the Site Content other than as expressly set forth in this Agreement.
       Your access to and use of any Site Content is also subject to any other license or other agreement separate from this Agreement that You may have entered into (or may enter into) with LLC,LLC relating to that Site Content (each such license or other agreement, a “Content Agreement”). Except as expressly set forth in this Agreement or any Content Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Site Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Site Content without the prior written permission of LLC,LLC. If you would like to use the Site Content in a manner that is not expressly set forth in this Agreement or any other Content Agreement, please send your request to LLC,LLC by clicking here or by emailing LLC,LLC at info@nannianddeeda.com.
5. MARKS. Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers displayed on this Site (collectively, the “Marks”) are the property of LLC,LLC. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of LLC,LLC.
6. POSTINGS AND USER CONTENT. The Site may include forums, bulletin boards, chat rooms, or other opportunities through which You may provide or upload Content to the Site (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocates illegal activity; (4) an advertisement or solicitation of funds, goods, or services. You hereby represent and warrant to LLC,LLC that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant LLC,LLC the rights discussed in this Section 6. You will indemnify, defend, and hold harmless LLC,LLC from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in Section 6. By providing or uploading any Provided Content to the Site, You grant LLC,LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display,      adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind now known or hereafter developed. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant LLC,LLC the right to use Your name in connection with the      reproduction or distribution of such material.
7. REPRESENTATIONS  AND WARRANTIES. You hereby represent, warrant, and covenant      for the benefit of LLC,LLC that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with the Site or Content; (3) all information You provide to LLC,LLC in connection with this Agreement and Your access to the Site and use of the Site or Content is correct and current.
8. DISCLAIMER AND LIMITATION OF LIABILITY.
   9.1 Disclaimer. THE SITE IS PROVIDED BY LLC,LLC “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. LLC,LLC WILL NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION OR MATERIALS DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED      THROUGH THE SITE. YOU AGREE THAT YOUR ACCESS TO THE SITE IS AT YOUR OWN      RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU      INCUR THROUGH ACCESS TO THE SITE OR SUCH INFORMATION OR MATERIALS. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, LLC,LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE AND SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND LLC,LLC’S CONTROL MAY OCCUR FROM TIME TO TIME.9.2 Limitation. IN NO EVENT WILL LLC,LLC BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL,  NDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO THE SITE OR USE OF ANY INFORMATION OR MATERIALS DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE, EVEN IF LLC,LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. LLC,LLC’s total aggregate liability for any damages arising out of or related to this Agreement or the Site will not exceed $50.
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10. NOTICES. Exceptas expressly stated otherwise, any notices to LLC,LLC required or allowed under this Agreement will be given to LLC,LLC by postal mail to the      address for LLC,LLC listed on the Site. If applicable law requires that LLC,LLC      accepts E-mail notices (but not otherwise), then You may send LLC,LLC anE-mail notice by clicking here or by emailing LLC,LLC at info@nannianddeeda.com. With respect to LLC,LLC’s notices to You, LLC,LLC may provide notice of amendments by posting them on the Site and You agree to check for changes. In addition, or in lieu thereof, LLC,LLC may give notice by sending E-mail to the E-mail address You provide during registration for the Site, or by courier or postal mail if Your address is known to LLC,LLC. Notice shall be deemed given 24 hours after it is posted or an E-mail is sent, unless  (as to E-mail) the sending party is notified that the E-mail address is invalid, or 3 business days after sending in the event of use of courier or postal mail.
11. GENERAL TERMS.
    14.1 Third-Party Beneficiaries. LLC,LLC’s Affiliates are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern Content to which they have rights.
        14.2 Nonassignment. You may not assign or transfer any of Your rights hereunder, and any attempt to do so will be null and void.
        14.3 Severability. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
        14.5 Jurisdiction and Venue. This Agreement will be governed by the laws of the State of California, without giving effect to any conflict of laws principles. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Ventura County, California. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.