TERMS AND CONDITIONS
Ownership and purpose of the Web Platform
The Website www.magictears.toys (hereinafter the “Web” or the “Platform”) is a Web Page owned by IMC TOYS S.A (hereinafter “The Company” or “IMC TOYS”), a Company duly incorporated and existing under the Laws of Spain , with registered office at C/ Pare Llaurador, 172 Terrasa 08224 Barcelona (Spain), with company number A-08667370 and the following registration data with the Commercial Registry of Barcelona: Volume 4547, folio 134, and sheet number 48657.
Our website has been designed with the purpose to offer our users and consumers detailed information about our products, toys and activities. Through our Website you will meet different areas of IMC TOYS, along with their features, functionalities and specifications.
Acceptance of the Terms and Conditions.
The access to and use of our platform as well as any information, services and content are subject not only to the applicable Law and the regulatory standards but also to the provision of these Terms and Conditions of Use.
If the user is a minor the parent, guardian or legal representative shall review and analyse these Terms and Conditions of Use. The access or use of the Website by a minor attributes them the status of user and implies full and unreserved acceptance of all and each of the provisions contained in these Terms and Conditions of Use by the minor and their parents, guardians or legal representatives, who will be responsible to exercise the proper control over the use of the Platform by the minor.
The Terms and Conditions of Use of the Platform may be amended by the Company without any specific notice to the user. In this regard it is important that the User verifies the Terms and Conditions regularly.
Exclusions of Liability
Due to technical uncertainties of the Internet, IMC TOYS reserves the right to temporarily suspend the use of the platform for technical reasons or maintenance. The suspension of services does not confer any right to compensation to the user, although IMC TOYS shall use its best efforts to limit possible suspension or interruptions. In addition, IMC TOYS retain the right to implement any changes to IMC TOYS software and services at any time, with or without notice. User acknowledges and agrees that it is possible IMC TOYS carry out certain actions that may prevent User from accessing the Web at certain times for limited periods, therefore User agrees that IMC TOYS shall not be responsible or liable as a results of any of such actions including, without limitation, for deletion or failure to make available, any of the Platform’s content features or services.
IMC TOYS makes no representations about the results obtained from using the platform. Therefore, under no circumstances may IMC TOYS or its directors, officers, employees or representatives be held liable for any incidental or consequential damage, including but not limited to any loss of profits, loss of data or business opportunities resulting from the use of the Platform and/or any IMC TOYS services.
IMC TOYS is not responsible in any way for the content, activities of any kind, products and services that can be accessed through electronic links directly or indirectly, through our platform, including websites of third party collaborators. The links provided on or included in our platform, do not represent any relationship between IMC TOYS and the owners of the websites and do not represent any suggestion, invitation or recommendation about the site or the products, services and/or contents provided therein.
IMC TOYS is not responsible for any loss or damage that User may suffer as a result of inappropriate use of the Platform or if the User breaches the Terms and Conditions herein.
IMC TOYS is the rightful owner of all right, title and interest in and associated with the Platform, its contents, and software including any modifications, updates and new versions as well as any trademark, trade name, domain name, know how, copyright and any other industrial and intellectual property rights inherent to the Platform and its related technology. In this regard, the User do not acquire any intellectual or industrial property right and the use of our Platform shall not be considered as an authorization or license to use the content of our Website for purposes other than those referred to in the Terms and Conditions of Use herein.
In light of the foregoing, any total or partial copy, reproduction, modification, processing, distribution, public communication or any other exploitation of the Website, its content, applications, source code, design and look & feel is prohibited. Furthermore, the User acknowledges and agrees that it is forbidden to decompose, reverse engineer or make derivative works of the software that supports the operation and access of the Website and the services contained therein.
Failure to comply with any of the provisions stated herein will entitle IMC TOYS to instigate proceedings against the offender and to take the appropriate legal actions to defend IMC TOYS’s rights, title and interest, including the right to claim compensatory damages as appropriate.
Upon acceptance of these Terms and Conditions of Use, the User acknowledge and agree to have read, understood and accepted our Privacy and Data Protection Policy as well as our Cookies Policy.
Governing Law and Jurisdiction Interpretation and application of these Terms and Conditions of Use shall be governed by the Spanish Law. For the resolution of any dispute that may arise regarding the content and enforcement of the Terms and Conditions provided herein, the parties submit to the jurisdiction of the Courts of Barcelona. However, in case of the Spanish or Regional Legislation for the Protection of Consumers and Users provide for the possibility that the User choose jurisdiction based on the place of residence, the parties shall proceed in accordance with the provisions of that Law.
If you would like to contact us in respect to of any element of the Terms and Conditions of Use herein or if you have any question or comments on it, please contact us by sending your written request to our office address:
IMC TOYS S.A
C/ Pare Llaurador, 172