TERMS AND CONDITIONS OF WEBSITE USE
INTRODUCTION
Welcome on halo.megabloks.com!
This page tells you the terms and conditions (‘Terms’) on which we supply any of the services (‘Services’) listed on our website halo.megabloks.com(‘Site’) to you. Please read our Terms carefully and be sure you understand it or review them with your parent or guardian if you are a minor in your country of residence.
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 Halo website and check the box saying you have read and agree to these Terms.
2. Description of Service. halo.megabloks.com is a website provided by MEGA Brands (collectively, "MEGA Brands", “MEGA Bloks", "Halo", "our","we"), featuring a new line of construction toys called HaloTM. It features a blog section that allows you to comment on different topics related to Halo. 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. We will email your Parent and request that they activate your membership before you can start posting.
3. halo.megabloks.com Policies. MEGA Brands has the right, in its sole discretion, to modify, suspend or terminate access to halo.megabloks.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 halo.megabloks.com working properly for all members, we periodically delete old member profiles 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 poston halo.megabloks.com? As a self-expression site, we allow you to post commentson different topics related to Halo. However, there are some materials that are not appropriate or welcome on this Site 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 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.
You warrant that any such contribution does comply with those content standards, and you indemnify us for any breach of that warranty.
Any contribution you posted 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 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 contribution posted by you or any other user of our Site.
We have the right to remove any contribution or posting you make on our Site if, in our opinion, such material does not comply with the content standards established above.
5. Intellectual Property
Copyright:TheContent of the halo.megabloks.com website is copyrighted, and it is either owned or used with permission by MEGA Brands.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 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.
Trademarks: The trademarks, logos, and service marks displayed on this Website are owned by MEGA Brands and third parties, and this Website’s trade dress is owned by MEGA Brands. All Trademarks not owned by MEGA Brands are the property of their respective owners and are used with permission. 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.
6. Monitoring. In order to ensure that halo.megabloks.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 post any contribution on your Halo 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.
7. 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.
8. 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.
9. 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.
10. Cancelling the service. MEGA Brands reserves the right to cancel your profile on halo.megabloks.com for any reason, with or without prior notice. You may cancel your membership to halo.megabloks.com at any time.
11. 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 halo.megabloks.com. MEGA Brands disclaims ownership of the materials you upload to halo.megabloks.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 halo.megabloks.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.
12. 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 halo.megabloks.com and supersedes any prior statements, agreements, understandings or representations, whether oral or in writing.
13. Disclaimer. THE MATERIALS IN THE HALO.MEGABLOKS.COM 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.
14. 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.
15. 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 halo.megabloks.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.