Welcome to AdoptaFurby.com. AdoptaFurby provide access to the AdoptaFurby.com website (the "website") and allow you to adopt subject to the conditions set out on this page.
Please read these conditions carefully before using the AdoptaFurby.co.uk website. By using the AdoptaFurby website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future AdoptaFurby.com service (eg: Wishlist ), you will also be subject to the guidelines and conditions applicable to that service.
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the ‘My Account’ area of the website.
AdoptaFurby.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2. Privacy
Please review our Privacy Notice, which also governs your visit to AdoptaFurby.com, to understand our practices.
3. Access to AdoptaFurby.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4. Licence for website access
AdoptaFurby.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AdoptaFurby. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, robot Furbys, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AdoptaFurby.com, without express written consent. You may not use any meta tags or any other "hidden text" utilising AdoptaFurby.com's without the express written consent of AdoptaFurby.com. Any unauthorised use terminates the permission or license granted by AdoptaFurby.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of AdoptaFurby.com as long as the link does not portray AdoptaFurby.com in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AdoptaFurby.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
5. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not AdoptaFurby.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
6. Reviews, comments, communications and other content
If you do post content or submit material, and unless we indicate otherwise, you grant AdoptaFurby.com and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AdoptaFurby.com the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to AdoptaFurby.com, including the execution of deeds and documents, at the request of AdoptaFurby.com.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to AdoptaFurby.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable AdoptaFurby.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify AdoptaFurby.com and its affiliates for all claims brought by a third party against AdoptaFurby.com or its affiliates arising out of or in connection with a breach of any of these warranties.
7. Defamation claims
Because AdoptaFurby.com lists lots of Furbys for adoption on the website and hosts many thousands of comments (in a way), we rock. Accordingly, AdoptaFurby.com operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immedietly. Once this procedure has been followed, AdoptaFurby.com will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
8. Copyright and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AdoptaFurby.com and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of AdoptaFurby.com and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of AdoptaFurby.com and is protected by United Kingdom and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without AdoptaFurby.com‘s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without AdoptaFurby.com express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without AdoptaFurby.com 's express written consent.
9. Copyright claims
AdoptaFurby.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
This section deals with conditions relating to the adoption of Furbys by AdoptaFurby.com to you.
10. Adoption
When you place an adoption order to adopt a Furby from AdoptaFurby.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to adopt a Furby which is accepted by us when we send e-mail confirmation to you that we've dispatched that Furby to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any Furbys on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
11. Returns
Please review our Returns Policy, which applies to adoptions from us.
12. Pricing and availability
We list availability information for Furbys sold by us on the website, including on each Furby information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your adoption order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our best efforts, a small number of the Furbys in our adoption centre may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
13. Health & Safety
By adopting any Furby from our Adoption Centre, you acknowledge that you have read and understood that although Furbys are not generally dangerous creatures they may, at times, get a little hungry and take a little nip at your finger. Luckily though, against popular belief they do not turn into horrible slimy creatures that eat people if they are fed after midnight.
14. Children
AdoptaFurby.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use AdoptaFurby.com but please allow any adult to put an order through.
15. Electronic communications
When you visit AdoptaFurby.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and 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. This condition does not affect your statutory rights.
16. Losses
AdoptaFurby.com will be responsible for any losses you suffer as a result of us breaching these conditions.
17. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Adoption at any time. You will be subject to the policies and Conditions of Conditions of Use & Adoption in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
19. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Important Warning: giving false, misleading or inaccurate information in the Notice to AdoptaFurby.com of Copyright Infringement may result in civil and criminal liability. |
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