TERMS OF SERVICE

INTRODUCTION

This page tells you the terms and conditions ('Terms') on which we supply any of the services ('Services') listed on our website www.battlestrikers.com ('Site') to you. Please read the Terms review them with your parent or guardian if you are a minor in your country of residence. If you have any questions about the Terms, please click here to contact us.

You should understand that by using our Site, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.

TERMS

1. Effective Date. These Terms will become effective on the day you register to become a member of the Battle Strikers Community and check the box saying you have read and agree to these Terms.

2. Description of Service. Battlestrikers.com (interchangeably, ‘MEGA Brands', ‘MEGA Brands International' ‘Battle Strikers', "we", "our", "us") is a website offered by MEGA Brands, featuring a new kind of spinning top toy called Battle Strikers. It features a community section that is a self-expression tool that allows you to register and create your own profile, customized Battle Strikers, as well as to upload pictures and video and type text in the form of a blog. Battlestrikers.com also contains social networking features that allow you to build lists of friends and interact with those friends as well as with other Battle Strikers Community members. At Battlestrikers.com, our priority is to provide you with a safe environment for self-expression and we will take reasonable steps to ensure that our members use Battlestrikers.com in ways that are consistent with this goal. Battlestikers.com is open to all ages. If you are under the age of 13 you must get permission from your parent or guardian and provide us with a valid email address for your parent. Battlestrikers.com will email your Parent and request that they activate your membership before you can start posting.

3. Battlestrikers.com Policies. MEGA Brands has the right, in its sole discretion, to modify, suspend or terminate access to Battlestrikers.com at any time for any or no reason without notice. In certain situations, we may also require you to change your login username and/or password. You must treat such login information as confidential, and you must not disclose it to any third party. In order to keep Battlestrikers.com working properly for all members, we periodically delete old member profiles and photos that are no longer in use. If you have not logged into the community in over 6 months, MEGA Brands reserves the right to deactivate your profile.

4. What can you post on BattleStrikers.com? As a self-expression site, Battlestrikers.com allows you to place photos, videos and text. However, there are some materials that are not appropriate or welcome on Battlestrikers.com and are strictly forbidden. The following content standards apply to any and all material which you contribute to our Site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions (whether by text or picture, video or otherwise) must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in any country from which they are posted.

Contributions must not:

• Contain any material that is defamatory of any person.
• Contain any material which is obscene, offensive, violent, hateful or inflammatory against people or property, such as, uploading any text or pictures that threaten, bully or humiliate any other person
• Contain any sexually explicit or pornographic material.
• Contain any violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right, trademark or any other intellectual property right of any other person or company.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Promote, engage or encourage underage alcohol consumption or illegal substance use.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Be sent from an anonymous or false address.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material that does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Service.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

5. Uploading material to our Site. Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards above. You warrant that any such contribution does comply with those content standards, and you indemnify us for any breach of that warranty.

Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right and you hereby consent to allow MEGA Brands to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. Please click here to see our Privacy Policy.

Agreement to these Terms and use of the Services signifies your agreement to the Privacy Policy.

We will not be responsible or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards established above.

6. Intellectual Property

Trademarks: All of the trademarks, service marks, trade names and trade dress displayed on the site are proprietary to MEGA Brands International or its subsidiaries or affiliated companies and/or third-party licensors. No material from any websites owned or operated by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. The use of any MEGA Brands material on any other website or computer environment is strictly prohibited. No such trademark may be used by a third party without the written consent of MEGA Brands International.

Copyright: The Site and its contents constitute copyright works owned by Mega Brands International or its subsidiaries or affiliated companies and/or third-party licensors. No third party may make any reproduction, publication, transmission, modification or other use, including derivative use, of any part of the contents of the Site without the written consent of MEGA Brands International except that a user of the Site may download one copy of the materials contained in the site on a single computer for his personal and non-commercial home use provided that you i) keep intact all copyright and trademark notices, ii) make no modification to the materials, and iii) do not use the materials in a way that suggests that you have an association with MEGA Brands or MEGA Brands products. The use of any MEGA Brands material on any other website or computer environment is strictly prohibited.

Patents: Battle Strikers is the subject of utility and/or design patents, or applications for same, in the name of Mega Brands International, its subsidiaries or affiliated companies and/or third-party licensors which enforce their patent rights and other intellectual property rights worldwide.

7. Monitoring. In order to ensure that Battlestrikers.com is a safe and fun online space for our members, we actively monitor new and existing profiles for material that does not meet these Terms and our Privacy Policy. While MEGA Brands is not responsible for member's content, we reserve the right to delete or edit submissions that MEGA Brands, in its sole discretion, deems to violate these Terms and Privacy Policy. If you put any material on your Battle Strikers Community profile that is prohibited by these Terms and Privacy Policy, we reserve the right to provide your IP address and other identifying information to any law enforcement agencies or other organizations and agencies that we consider necessary for the purpose of enforcing these Terms and Privacy Policy, or where we are under a legal obligation to do so.

8. Reliance on Information posted. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

9. Information about you and your visits to our Site. We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

10. Links from our site. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. Cancelling the service. MEGA Brands reserves the right to cancel your profile on Battlestrikers.com for any reason, with or without notice. You may cancel your membership to Battlestrikers.com at any time.

12. Proprietary Rights. Users agree that MEGA Brands is granted a non-exclusive, royalty-free, worldwide license, with the right to reproduce, distribute, transmit, display any materials and other non-personal information you submit to Battlestrikers.com. MEGA Brands disclaims ownership of the materials you upload to Battlestrikers.com and will not resell or otherwise convey these rights to any third party. You shall have absolutely no recourse against MEGA Brands as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.

Members may not use any portion of Battlestrikers.com for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation without prior written approval by MEGA Brands.

13. Acknowledgment. These Terms, our Privacy Policy and all other legal notices on Mega Brands' websites represent the entire understanding and agreement between you and MEGA Brands regarding your relationship to Battlestrikers.com and supersedes any prior statements, agreements, understandings or representations, whether oral or in writing.

14. Disclaimer. THE MATERIALS IN THE BATTLESTRIKERSCOM WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OF THE MEGA BRANDS OR THIRD PARTIES SERVERS THAT MAKE SUCH MATERIALS AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY MEGA BRANDS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

15. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MEGA BRANDS SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR US$100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY MEGA BRANDS SITE.

16. Changes. MEGA Brands reserves the right to change these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on our site. Any changes made to these Terms will automatically be immediately after they are posted on this page. If you continue to access Battlestrikers.com after a notice of a change has been published, that means you are agreeing to the new Terms. If you do not agree to a change, you must terminate your membership.