Terms & Conditions of Use
Your Account
You are responsible for all activity on your account, including all purchases made by you or anyone you allow to use your account, including your children, other members of your family or friends. This means that, unless your account or credit information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account. You agree to authorize Toys on Fire to charge purchases you make on-line to the credit card you supplied to Toys on Fire when you purchased any products and/or services offered on the toysonfire.ca Web site.
Copyrights & Trademarks
All toysonfire.ca website design, text, graphics and arrangement is © Toys on Fire, except where noted. The toysonfire.ca website and all content provided on the toysonfire.ca website is protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Toys on Fire and/or its affiliates and related companies. Nothing contained on toysonfire.ca website should be considered as granting, by implication, estoppel, or otherwise, any licence or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying Toys on Fire and/or its affiliates and related companies or their respective products and services displayed on the toysonfire.ca Web site, without the expressed written consent of Toys on Fire or such third party that may own such trade-marks, logos and other names displayed on the toysonfire.ca Web site.
Use of Intellectual Property
No information or material from the toysonfire.ca website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the toysonfire.ca website and any content accessed through the toysonfire.ca website.Â
You will use the toysonfire.ca website and any content, material, or information found on the toysonfire.ca website solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the toysonfire.ca website any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the toysonfire.ca website. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the toysonfire.ca website.Â
Toys on Fire has no obligation to, does not and cannot review, every item of material or information that you and users other than yourself make available through the toysonfire.ca website, and Toys on Fire is not responsible for any of this material or information. However, Toys on Fire reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.Â
You hereby grant to Toys on Fire a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sub-licence any and all material or information submitted by you to the toysonfire.ca website and/or to incorporate it in other works regardless of form, medium or technology.
Disclaimer of Warranties & Limitation Of Liability
Toys on Fire AND ITS SUPPLIERS PROVIDE THE PRODUCTS AND/OR SERVICES SOLD BY Toys on Fire ON toysonfire.ca Web site AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE toysonfire.ca Web site, ON AN "AS IS" BASIS, EXCEPT FOR MANUFACTURERSâ STANDARD WARRANTIES. Toys on Fire, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE toysonfire.ca Web site. neither Toys on Fire NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS NOR ANY OF ITS SUPPLIERS makes any representations or warranties as to the accuracy, TIMELINESS, reliability, TRUTHFULNESS OR completeness OF THE toysonfire.ca Web site OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE toysonfire.ca Web site, INCLUDING, BUT NOT LIMITED TO, THE contents of any content, information, material, OR posting found on the toysonfire.ca Web site, any PRODUCTS AND/OR Services provided through the toysonfire.ca Web site, or any links to other sites made available on the toysonfire.ca Web site OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE toysonfire.ca Web site. NEITHER Toys on Fire NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE toysonfire.ca Web site OR ACCESS TO AND USE OF THE toysonfire.ca Web site WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. You expressly agree that use of the toysonfire.ca Web site is at your sole risk.Â
INFORMATION PROVIDED ON THE toysonfire.ca Web site CONTAINS INFORMATION, REFERENCES AND/OR CROSS REFERENCES TO Toys on Fire, ITS AFFILIATES AND RELATED COMPANIESâ PRODUCTS AND SERVICES THAT MAY NOT BE AVAILABLE IN YOUR LOCAL AREA AND Toys on Fire, ITS AFFILIATES AND RELATED COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND SUCH REFERENCES DO NOT IMPLY THAT Toys on Fire, ITS AFFILIATES AND RELATED COMPANIES INTEND TO PROVIDE SUCH PRODUCTS OR SERVICES IN YOUR LOCAL AREA. Toys on Fire RECOMMENDS THAT YOU CONSULT WITH Toys on Fire FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES WHICH MAY BE AVAILABLE TO YOU IN YOUR LOCAL AREA. WEB SITES ACCESSED VIA LINKS OR OTHER MEANS FROM THE toysonfire.ca Web site HAVE, UNLESS OTHERWISE INDICATED, BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES.Â
Under no circumstances, including, but not limited to, negligence, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH shall Toys on Fire or ITS affiliates AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS be liable for any DIRECT, indirect, incidental, special or consequential damages OR ANY LOSS that result from THE FAILURE OR DELAY IN THE DELIVERY OF, OR THE use of, or the inability to use, ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU, AND any content, information, material, OR postings on the toysonfire.ca Web site, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither Toys on Fire nor ITS affiliates AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
Miscellaneous Terms
We do our best to provide you with the most up-to-date and accurate information. In the event that an error does occur, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on our Web siteÂ
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Toys on Fire may determine in any and all actions, disputes, or controversies relating hereto. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandĂ© que cette convention ainsi que tous les documents qui sây rattachent soient rĂ©digĂ©s en anglais.