Legal Information and Important Notices

Web Site Terms of Use
Please read carefully before accessing this web site.


By browsing, accessing, copying, or using any software, information, communication, photos, figures, drawings, scripting, test video, graphics, music, sounds, images and other material and services, (also known collectively as "Content") available and deposited at this web site and other Independent Toy Exchange's web sites that are linked to this site (collectively, "the Site"), you agree to be bound by the terms and conditions described herein.

Independent Toy Exchange, Inc. ("Independent Toy Exchange") provides and maintains this Site and in exchange for browsing, accessing, and using the Site, you agree to be bound by these terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations. You represent you have the legal authority to accept the Site Terms of Use on behalf of yourself or any party you represent. If any provision of the Site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Site Terms of Use. If you do not agree to these terms, please do not use the Site. The Site is controlled and operated in whole or in part by Independent Toy Exchange in the United States. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES. LAWS, AND REGULATIONS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN CALIFORNIA, U.S.A. If you access the Site from other locations you do so at your own risk and your are responsible for compliance with applicable local laws. Independent Toy Exchange makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content may be illegal is prohibited. You acknowledge that Independent Toy Exchange reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time. RESTRICTIONS ON USE OF CONTENT © Copyright 2005 Independent Toy Exchange, Inc. All Rights Reserved.

This Site contains documentation and other information related to products and services of Independent Toy Exchange. This documentation is provided as a courtesy to Independent Toy Exchange's customers and potential customers. Independent Toy Exchange assumes no obligation to correct any errors contained herein or to advise any user of liability for the accuracy or correctness of any engineering software support or assistance provided to a user. Independent Toy Exchange makes no commitment to update this documentation. Independent Toy Exchange reserves the right to change these terms and conditions from time to time at its sole discretion. In the case of any violation of these rules and regulations, Independent Toy Exchange reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Site, both now and in the future.

Copyright Notice

The Content of this Site is owned and copyrighted by Independent Toy Exchange. Copyright © 2005 Independent Toy Exchange, Inc. All rights reserved. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Independent Toy Exchange. You also may not "mirror" any material contained in this Site without Independent Toy Exchange's express written consent. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you don't modify or alter the materials and you retain any and all copyright and other proprietary notices contained in these materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark Notice

The trademarks, logos and service marks ("Marks") displayed on this web site are the property of Independent Toy Exchange or other third parties. Users are not permitted to use these Marks without the prior written consent of Independent Toy Exchange and such third party which may own the Mark.

"Independent Toy Exchange" and the Independent Toy Exchange logo are trademarks of Independent Toy Exchange, Inc. Any rights not expressly granted herein are reserved.
IndyToy, IndyToy.com, “Connecting Independent Toy Retailers To Profits”, are Trademarks of Independent Toy Exchange, Inc.

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Member Account, Password and Security

In the future, certain members and participants in Independent Toy Exchange studies, beta tests and other processes may receive a password and account designation upon completion of the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Independent Toy Exchange of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms.

Member Conduct

You understand that all information, data text, software, music, photographs, graphics, videos, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content, if any, that you upload, post, email, transmit or otherwise make available via the service. We do not control the Content posted by others and, as such, do not guarantee the accuracy, integrity or quality of such Content.
Links to Other Sites

This Site may contain links to other web sites operated by third parties. You acknowledge that Independent Toy Exchange neither endorses nor is affiliated with the linked site and is not responsible for any content that appears on the linked site. You also acknowledge that the owner of the linked site neither endorses nor is affiliated with Independent Toy Exchange.

Nothing contained in this Legal Notice shall be construed as conferring by implication, estoppel, or any other legal theory, a license or right to any patent, trademark, copyright, or other intellectual property right, except those expressly provided herein. The products, processes, software, and other technology described at this Site may be the subject of other intellectual property rights owned by Independent Toy Exchange or by third parties, and no licenses are granted herein.
U.S. Government Restricted Rights

The materials and documentation are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the documentation and materials by the Government constitutes acknowledgment of Independent Toy Exchange's proprietary rights in them.
Special Admonitions For International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Products and Services Availability

Because international information is provided at this Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
Performance Information

Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of Independent Toy Exchange products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of systems or components they want to purchase. For more information on performance tests and on the performance of Independent Toy Exchange products, visit http://www.IndyToy.com or call (303)415-2229.
Ownership of Materials

Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Independent Toy Exchange's prior written permission. Except as expressly provided herein, Independent Toy Exchange and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by Independent Toy Exchange in writing or incorporated elsewhere in the Materials.
Disclosure; Forward-Looking Statements

Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company and, therefore, implicitly the future events and or the future financial performance of the Company’s parent company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.
Disclaimers

NO WARRANTIES: THE DOCUMENTATION PROVIDED AT THIS SITE IS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, INCLUDING PATENTS, COPYRIGHTS OR OTHERWISE, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL INDEPENDENT TOY EXCHANGE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COST OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE DOCUMENTATION PROVIDED ON THIS SITE, EVEN IF INDEPENDENT TOY EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. , SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Export Requirements

Independent Toy Exchange, Inc., software programs and technical data may not be exported or re-exported, either directly or indirectly, to the U.S. embargoed destinations or entities of Cuba, Iran, Iraq, Libya, North Korea, Serbia/Montenegro, Sudan, Syria and the UNITA faction in Angola, or to individuals on the Entity List, Denied Persons List and the Specially Designated Nationals List without prior written authorization from the U.S. Department of Commerce, Bureau of Export Administration.
Privacy Statement

Thank you for your interest in Independent Toy Exchange, Inc ("Independent Toy Exchange") and our web site located at www.indytoy.com. We are pleased to provide this privacy policy to inform you of our practices with respect to how we collect and use personally identifiable information about visitors to our web site. By using this web site., you consent to the following terms.
What we collect. You may visit our web site. without providing any personally identifying information. When you place an order to purchase our products through our online store, register for our online seminars, participate in our online contests or contact us for information, we will collect personally identifiable information about you such as your name, company, title, address, telephone number as well as any other information that you may provide. When you register on our web site., we also collect and save personally identifiable information about you in your Profile. The only personally identifiable information that Independent Toy Exchange requires about you is your contact information (e.g., name and/or e-mail address) and unique identifier (e.g., employee identification number, screen name or password).

How we collect it. Independent Toy Exchange collects your personally identifiable information when you place orders on web site., complete the registration form, or contact Independent Toy Exchange for additional information about our products and services. Cookies. To facilitate your use of our web site., Independent Toy Exchange may use "cookies." A cookie is small amount of data that Independent Toy Exchange's servers transfer to your browser and that only Independent Toy Exchange's servers can read.

Use of Information. Independent Toy Exchange uses your personally identifiable information to identify you when you purchase products on our online store, to respond to your requests for information and when otherwise reasonably necessary. Independent Toy Exchange may contact you regarding products and services that may be of interest to you. Independent Toy Exchange may also use any information you have entered into the web site. as reasonably necessary to administer or provide customer support for the web site.

Disclosure. Independent Toy Exchange uses certain third party vendors to assist Independent Toy Exchange in providing our products and services. Independent Toy Exchange may transfer your personally identifiable information only to such vendors who have entered into a contract with Independent Toy Exchange that protects the privacy of your personally identifiable information and permits the vendor to use it only as reasonably necessary to fulfill its contractual obligations to provide services to Independent Toy Exchange. Independent Toy Exchange may also transfer your personally identifiable information to our marketing partners who may contact you about products and services that might be of interest to you. Independent Toy Exchange may also disclose your personally identifiable information as it believes is reasonably necessary to comply with law, regulation or other governmental authority or to prevent harm to yourself or others. Finally, Independent Toy Exchange may disclose your personally identifiable information upon a transfer or sale to another entity of all or substantially all of Independent Toy Exchange's assets or stock in Independent Toy Exchange's line of business to which this Privacy Policy relates or upon any other corporate reorganization.

Customer Surveys. In an effort to provide the highest quality products and services, Independent Toy Exchange may contract with third party providers of customer feedback campaigns. When you visit our web site., you may encounter a pop-up dialog box requesting your participation in a customer feed back survey. Participation in these customer feedback campaigns is voluntary and you may chose whether or not you wish to provide any information to the third party survey provider. When you participate in the customer feedback campaigns, the information is being provided to the third party survey provider and the terms of the third party service provider's privacy policy, and not Independent Toy Exchange's, will apply to any personally identifiable information that you may provide in connection with your voluntary participation in any customer survey activities.

Links. For your convenience, we may provide links on our web site. to certain third party web sites or referrals to certain third parties' products or services. If you choose to visit a third party's web site. or use its products or services, please be aware that the third party's privacy policy, and not Independent Toy Exchange's, will govern your activities and any information you disclose while interacting with the third party.

Security. Independent Toy Exchange employs procedural and technological measures, consistent with the demands of customer service, reasonably designed to protect your personally identifiable information from loss or unauthorized access, disclosure, alteration or destruction. Independent Toy Exchange stores your personally identifiable information on secure computers located in a locked data center, to which only a small number of Independent Toy Exchange's employees involved in the management of the data center have physical access. Where reasonably practical, Independent Toy Exchange uses encryption, firewalls and other security technology to help prevent unauthorized access to your personally identifiable information.

Updating Your Information. Independent Toy Exchange will use reasonable efforts to keep your personal information accurate. We would appreciate your help in ensuring the information you provide to us is accurate and up-to-date. Providing accurate information helps us serve you better. You may easily up-date your personal information through the View Profile link provided from numerous pages on our web site.

Policy Changes. Independent Toy Exchange reserves the right to change this privacy policy, and will post any revisions on our web site. located at http://www.indytoy.com/privacy.htm. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of this web site will be subject to the then-current privacy policy.

Questions? If you have any questions about our privacy practices, please feel free to contact us at webmaster@indytoy.com.


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