The Piggy Box: Terms of Use

Welcome to The Piggy Box site (the “Site”). Thank you for visiting and have a great time!

It is important to us that you, and our other visitors, have the best possible time while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

YOUR ACCEPTANCE OF TERMS
If you do not agree with any of these Terms of Use please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these terms.

Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this Site, unless otherwise expressly stated.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on August 1, 2015.

HOW TO CONTACT US
This Site is controlled and operated by The Piggy Box, LLC, (collectively, “PB”). Please forward any comments or complaints about the Site to info@thepiggybox.com. Please forward any questions regarding privacy to info@thepiggybox.com. Please forward any questions regarding other legal matters to info@thepiggybox.com.

E-COMMUNICATIONS
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

YOUR REGISTRATION
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at PB believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

TERMS OF SALE
By placing an order with PB, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.

Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on the Site are subject to change at any time, and we reserve the right to make changes to them without notice to you. Products are available while supplies last. All prices and products advertised are subject to change.

SHIPPING & DELIVERY
For more information about our policies on shipping and delivery, please click here.

RETURNS & EXCHANGES
Our goal is your complete satisfaction of our products. For more information about our policies on returns and exchanges, please click here.

PRODUCT DESCRIPTIONS
We try to be as accurate as possible when describing our products. However, we do not warrant that product descriptions or other content of the products are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition, subject to the terms of the Returns & Exchanges policy.

RISK OF LOSS
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

ONLINE PRIVACY NOTICE
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms of Use.

TRADEMARKS & COPYRIGHTS
This Site and materials incorporated by PB on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by PB on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by PB or others (“Trademarks”). PB respects the intellectual property rights of others and asks users of this Site to do the same.

YOUR USE OF MATERIAL
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by PB. Any authorization to copy Material granted by PB in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE PRODUCTS, MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, PB AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF PB (“THE PB GROUP”) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PB GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PB GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PB GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE PRODUCTS, MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PB GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH PRODUCTS, MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY
THE PB GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE PRODUCTS, MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PB GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PB GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability.

We at PB require that you do submit to or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any person appearing on the Site;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) copies any other pages or images on this Site except with appropriate authority;
(m) includes MP3 format files;
(n) amounts to a ‘pyramid’ or similar scheme;
(o) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(p) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(q) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by PB anywhere on this Site (e.g., on any web space made available for your use).

SYSTEM ABUSE
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming”(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

SECURITY
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). PB shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that PB considers insecure, PB will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, PB reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

INVESTIGATIONS
PB reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send. PB may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. PB may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If PB believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. PB will fully cooperate with any law enforcement authorities or court order requesting or directing PB to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PB GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PB GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PB GROUP OR LAW ENFORCEMENT AUTHORITIES.

SERVICE
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).
PB reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

LOCAL REGULATIONS
PB makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

INDEMNITY
You agree to indemnify and hold harmless PB and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto PB’s servers (or company engaged by PB), and/or from any and all use of your account.

OUR USE OF CONTENT
PB will consider anything you provide to PB and/or contribute to this Site as available for our use free of any obligations to you.

By posting or uploading any content to this Site and/or providing any communication or material to PB (“User Content”), you automatically and irrevocably: (a)grant and assign to PB a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by PB and/or by any person authorized by PB, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint PB as your agent with full power to enter into any document and/or do any act PB may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that PB shall not be liable for any use or disclosure of such User Content.

THIRD-PARTY SITES
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of PB, and you acknowledge that (whether or not such sites are affiliated in any way with PB) PB is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by PB or any association with its operators.

PB cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from PB since other shop channels are owned and operated by independent retailers. PB does not endorse any of the merchandise, nor has PB taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. PB does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

PROPRIETARY ONLINE SERVICES
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

JURISDICTIONAL ISSUES
The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting other products available in the United States, its territories, possessions, and protectorates.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California.

Any dispute of any kind between you and any member of the PB Group arising under these Terms of Use shall be resolved by binding arbitration in Los Angeles, California, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the toy industry and shall follow California law in adjudicating the dispute.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

CLAIMS OF INFRINGEMENT
If you believe that any content appearing on this Site infringes your copyright rights, we at PB want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent
The Piggy Box, LLC
17888 Alburtis Ave. B219
Artesia, CA 90701
Email: info@thepiggybox.com

PB seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.