User Agreement

Effective Date: August 4, 2010

Introduction

Welcome to Webkinz.com (the “Website”).  This Website is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2.  If you have any questions relating to this Website, they can be sent to the attention of our Customer Service Representative at this address.  You may also contact Ganz by email at webkinzsupport@ganz.com.

Through this Website, you may register, care for and personalize your Webkinz pets (“Webkinz”) and activate Webkinz-related products and services.  

PLEASE READ THIS USER AGREEMENT (the “User Agreement”) CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON BELOW OR THROUGH YOUR CONTINUED USE OF THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS USER AGREEMENT BEFORE YOU MAY USE THE WEBSITE. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.  PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.

This User Agreement is a contract between you and Ganz and applies to all users of this Website.  In this User Agreement “you” or “your” means any person or entity using this Website, and your parent or legal guardian, in the case of minors. Unless otherwise stated, “Ganz”, “we” or “our” refers to Ganz and its successors and assigns.

Amendments

We may amend or supplement this User Agreement, including our Privacy Policy noted below, at any time.  When we make changes to this User Agreement or the Privacy Policy, we will post the revised version on our Website and indicate the revision date. Please review the User Agreement and Privacy Policy particularly if they have been updated since your last visit to the Website. If you do not agree to the current User Agreement and/or Privacy Policy, you may not continue to access or use this Website. Any other posted guidelines or rules applicable to any individual use of this Website will form part of this User Agreement. 

Privacy Policy

Our Privacy Policy (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our collection, use and disclosure of your personal information.

Links to Other Websites

This Website may provide a link to other websites owned and/or operated by Ganz (collectively, “Affiliated Sites”) including, but not limited to Ganz eStore (“eStore”), on which you may purchase products and services related to this Website. While Ganz may provide links from this Website to Affiliated Sites and unaffiliated third party sites, those sites are not part of this Website, and each is subject to the terms of a separate user agreement and may have different policies with respect to the collection, use and disclosure of your personal information.  Some functionality of the eStore may be offered through Webkinz eStore (“Webkinz eStore”) on this Website yet all matters related to Webkinz eStore shall be governed by the eStore user agreement and privacy policy.  eStore Points deposited to your Account do not expire and cannot be transferred or refunded.  You are responsible for managing the eStore Points balance on your Account.  We recommend that you use them up before the Account expires.  GANZ DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITES AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE OR AFFILIATED SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS.  Furthermore, the trademarks used in connection with such third party websites are not trademarks of Ganz.  Please be sure to review the applicable agreements and policies carefully when visiting Affiliated Sites or any third party websites. 

Registration and Your Account

Certain products, services, information and materials provided by Ganz through this Website may be accessed and/or used by you without registering on or logging onto this Website (collectively, “Public Materials”).  Other products, services, information and materials, provided by Ganz through this Website, may only be accessed and/or used by you after you have registered on this Website (collectively, “Member Materials”).  This User Agreement applies equally to the use of and access to Public Materials and Member Materials. Ganz reserves the right to modify Public Materials and Member Materials from time to time and at any time.

To register and set up an account (“Account”) on this Website, you must have a secret code (“Secret Code”) that comes with each Webkinz or which you purchased from the eStore.

You will be asked to make up a username and password and identify your Secret Code during the registration and Account set up process. When choosing your username do not use your first name or surname or any other personal information that can identify who you are. Accounts, usernames and passwords are not transferable, even between your other Accounts, if you have more than one, and have no retail value and are not redeemable for cash.

After you provide us with your username, password and Secret Code, we will collect information about you and your Webkinz, if applicable, that will help us identify you in case you forget your password.  We ask you for your first name only, your country of residence, your birth date and your gender; if you live in the United States or Canada, we also collect information about your state or province of residence.

Also, from time to time, Ganz may run time-limit promotions (e.g. Free (trial) Membership). To take advantage of these type of offers, you will be required to set up a temporary account and use the temporary access code provided.

Security of Your Account

IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME, PASSWORD AND SECRET CODE IN A SAFE PLACE OFFLINE.

We will use your username and password to identify you when you return to the Website.  Your Secret Code acts as your key to this Website if you forget your password or username. If you forget your username or password and lose your Secret Code, you may not be able to access Member Materials.  We recommend you print a copy of your account summary since it records this information. You can print your account summary when you complete the registration process.

You are responsible for maintaining the confidentiality of the password associated with your Account, and for all activities that occur through the use of your Account.  You agree to: (i) immediately notify Ganz of any unauthorized use of your Account or any other breach of security, and (ii) exit from your Account at the end of each session.  Ganz will not be liable for any loss or damage arising from your failure to comply with these security requirements.  You may be issued a new password or required to change your password from time to time. 

We have put physical, electronic and operational procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of any personally identifiable information that we may collect in relation to your Account.  Although we use reasonable efforts to safeguard personally identifiable information we collect and process, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure.  In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission.

Membership Levels and Renewal

With the purchase of a Webkinz, you are automatically entitled to standard access to Member Materials (“Full Membership”) for twelve (12) months (“Original Term”).  Original Terms are not cumulative – for example, if you register two new Webkinz pets at the same time, your new registration period will be twelve (12) months from the date when you activate the new pets, not twenty-four (24) months.

If you let your Account lapse without renewing it prior to the end of your then-current registration period, you will lose access to your Account after a grace period of 14 days.  You may reactivate your Account within one (1) year of expiry: (i) for a further period of twelve (12) months from the date of reactivation by registering a new pet or upgrading the Account to Deluxe Membership; or (ii) for a further period equal to the length of the renewal period selected by you upon payment of the then current and applicable renewal fee, if available.  Further details regarding renewal periods, fees and methods of payment will be provided as those features become available on this Website.

This Website is designed for you to register all of your pets using your original username and password.  We strongly recommend that you do register all of your pets using your original username and password so that you can take full advantage of all of the features that we have on this Website.  If, by mistake, you register a new pet using a different username and password, a new Account will be created.  Accounts are separate.  This means that you can only play with pets, earn and spend KinzCash, and use other features of this Website on an account-by-account basis.  Renewing, extending or resetting one Account does not renew, extend or reset any other Account that you may have on this Website.

User Accounts, usernames and passwords are not transferable, even between your own Accounts, and similar to online items and KinzCash, have no retail value and are not redeemable for cash.  You may be able to gift pet access codes and any points, KinzCash or other online items or rewards that you may earn on this Website through the KinzPost function except as otherwise prohibited by KinzPost rules and functions.  

If you wish, you may access additional Member Materials by purchasing one of the enhanced membership (“Deluxe Membership”) options from the eStore. Also, if you have not purchased a Webkinz but wish to access Member Materials, Full Memberships and Deluxe Memberships may be purchased from the eStore.  Each Full Membership and Deluxe Membership will have a stated Original Term. With the purchase of a Deluxe Membership, the Original Term of all pre-existing Accounts that you associate with the Deluxe Membership will be re-set to match the term of the Deluxe Membership.

Your Deluxe Membership will automatically renew for an additional term of equal duration to the Original Term (each a “Renewal Term”) at the end of the Original Term and each preceding Renewal Term unless you have configured your Account profile to not renew membership or Ganz changes the terms of membership and/or increases the price of a membership purchased by you from the eStore. The cost of renewing your Deluxe Membership will be charged to your credit card on file. If you do not want your Deluxe Membership to renew automatically, simply de-select the automatic renewal box in your Account profile.

Ganz will send you an email reminder thirty (30) days prior to the end of the Original Term and each Renewal Term related to your membership. If the terms and conditions of membership have changed and/or Ganz has increased the price of the membership purchased by you from the eStore, you will be provided with the details of available renewal options. If you have configured your Account profile to not renew your membership you may change your mind and select automatic renewal at any time prior to the expiration of the Deluxe Membership term.

Suspension or Termination of Account

Ganz reserves the right to suspend any Account that has been inactive for six (6) months or more.  If your Account has been suspended for inactivity, you may request reactivation of the Account, as long as your membership has not expired. Account reactivation may take up to 24 hours to complete.

In addition, Ganz may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event Ganz (i) determines after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of Ganz or other third parties, or (ii) ceases its operations and/or provision of any applicable products or services in connection with this Website.

Communications

To the extent permitted by applicable law, the parties have requested that this User Agreement and all communications and documents relating hereto be expressed in the English language.  You further acknowledge and agree that all communications and documents between you and Ganz with respect to your use of this Website may take place electronically and that all such electronic notices, agreements, and other communications from Ganz shall be the legal equivalent of written communications.

Ownership of Intellectual Property and Restrictions on Use of Ganz Materials

All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Public Materials, Member Materials, items activated by secret and feature codes, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively, the “Ganz Materials”) are the property of Ganz, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the “Ganz Group”), and are protected, without limitation, by Canadian and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any Ganz Materials on any other website or networked computer environment is prohibited.

Provided you comply with the terms of this User Agreement Ganz grants you a limited right to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use, provided that this right to access and use is limited to the display of the Ganz Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content.  Any attempts to access the Ganz Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the rights granted hereunder.  You may print and retain a copy of pages of this Website only for your own personal, non-commercial use.  Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Ganz Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Ganz Materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Ganz Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Ganz or its licensors; or (viii) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of Ganz or its licensors.

If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. Ganz keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

Ganz has the right to vary, modify, change or discontinue:  (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you.  Ganz may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website.  In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on this Website more enjoyable, you will need, at a minimum, a high speed Internet service, monitor resolution of 1024X768, RAM: 512 MB or greater; and Adobe Flash 9; PIII 1.2 MHz or higher; Windows OS 2000/XP; minimum supported browsers: Windows: 1.2 MHz or higher, Mac OS X 10.3; Internet Explorer 6, Netscape 7.2, Firefox 1.0, AOL Explorer 1.5 or Macintosh: Safari 1.2.3, Internet Explorer 5.2.3., Firefox 1.5. These requirements may change and such changes will be posted on this Website.

To enjoy 3D sections of the Website, your computer system will need to meet the following additional minimum system requirements: Unity Web Player plug-in 2.6 or higher (downloadable for free through the Website); Windows: 3D Graphic Card with 16 MB memory or higher; Intel Pentium 4 1.8 Ghz or greater; WIN XP SP2 or higher; Internet Explorer 7 or Firefox 2.5 or higher, or Macintosh: 3D Graphic Card with 64 MB memory or higher; Intel 1.5 Ghz or greater; 10.4 Tiger or higher; Safari 3.0.1 or Firefox 2.0. 

From time to time, additional technical requirements may apply and shall be disclosed at the point of purchase.

User Content

Certain areas of this Website will permit you to send to Ganz materials, information and other submissions.  Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the "User Content"), submitted by you to Ganz or otherwise posted on this Website shall be deemed to be, and shall remain, the property of Ganz.  You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You shall be deemed to have irrevocably assigned in perpetuity to Ganz free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably.  Without limiting the foregoing, Ganz shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content.  To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Ganz, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.  None of the User Content shall be subject to any obligation of confidence on the part of Ganz, and Ganz shall not be liable for any use, non-use or disclosure of all or part of the User Content. 

You are responsible for all User Content posted by you.  GANZ HAS NO RESPONSIBILITY FOR SUCH USER CONTENT.  Ganz does not and cannot review every submission by users and is not responsible for, nor does it endorse the content of such submissions.  However, Ganz retains the right, but not the obligation, to review, edit or delete any User Content which Ganz deems to be illegal, offensive, or otherwise inappropriate.  All information submitted by you which constitutes personal information shall be subject to our Privacy Policy. Without limiting any of the foregoing, Ganz may, but is not obligated to, use and publish the User Content at this Website or elsewhere for purposes that include without limitation contest announcements, new or enhanced products or services, marketing and public relations.

Contests

From time to time you may have the opportunity to send us your submissions as part of a contest where your submissions are judged and the winner will be awarded a virtual prize.  We will provide the rules for such contests on this Website before the contests begin.  You may also win virtual prizes through playing games of skill in our virtual arcade, or through trivia contests.  With respect to the arcade games and trivia contests, the following minimum rules shall apply:

1.  We will tell you the number and types of prizes to be won; all prizes are virtual and shall have no retail value;

2.  Your chances of winning depend on your skill in playing the game selected, and where you are playing a game against other users of this Website, your chances of winning also depend on the number of other players and their skill in playing the game;

3.  For some games, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);

4.  Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;

5.  Some games have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;

6.  We will clearly advise you of the start and stop times applicable to the game selected;

7.  There may be limits on the number of times you may play a game, so read the game instructions carefully; and

8.  Prizes will be awarded without undue delay.

User Code of Conduct

The Website is provided by Ganz and is intended to be used in a safe and enjoyable fashion.  You are responsible for the content of any material you enter on this Website.  When you use this Website you agree to follow our User Code of Conduct. Users of this Website must not: 

  1. Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;
  2. Sell, trade or barter any items earned through this Website outside of this Website;
  3. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) promote or advocate any religion or religious figure, or ridicule or present any religion or religious figure in an offensive manner; (viii) promote or advocate any political party or organization, political or public figure, or ridicule or present any political party or organization, or political or public figure in an offensive manner; (ix) advertise or otherwise solicit funds or are a solicitation for goods or services; or (x) are treated as confidential under any contract or policy;
  4. Ever reveal personal information to other users online.  The best way to stay safe online is to NEVER share your real name, phone number, address, email or passwords with other users;
  5. Attempt to circumvent the security systems of this Website;
  6. Attempt to gain access to this Website in a fraudulent manner, including but not limited to using fraudulent pet codes;
  7. Attempt to use this Website in a fraudulent manner, including but not limited to, using cheat codes, exploits or similar measures to gain, or attempt to gain, unearned KinzCash, items, pets, access to this Website or information or images that have not yet been officially announced or incorporated into this Website’s functionality.
  8. Attempt to gain access to any other user’s Accounts;
  9. Attempt to ascertain any other user’s password, pet codes and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication;
  10. Attempt to harvest or otherwise collect information about other users without their consent;
  11. Attempt to use this Website for any purposes other than those intended by Ganz; or
  12. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Spam

The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Disclaimers

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE GANZ MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE GANZ GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

THE GANZ GROUP DOES NOT WARRANT THAT THIS WEBSITE, THE GANZ MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE.  WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE.  TO THE EXTENT THAT YOU COMMUNICATE WITH GANZ’S CUSTOMER SERVICE DEPARTMENT OR A GANZ REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, THE GANZ GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR THE GANZ MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.  THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY GANZ MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THIS WEBSITE.  IF YOUR USE OF THIS WEBSITE OR THE GANZ MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE GANZ GROUP ARE RESPONSIBLE FOR THOSE COSTS.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GANZ GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE GANZ MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  WITHOUT LIMITING THE FOREGOING, GANZ IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE. 

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.  HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GANZ GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE GANZ MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.

NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, GANZ DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY GANZ’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF GANZ. 

Indemnity

YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE GANZ GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBERS OF THE GANZ GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.  YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH GANZ IN THE DEFENSE OF ANY CLAIM.  WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Jurisdictional Issues and Dispute Resolution

This Website is controlled, operated, hosted and served by Ganz in Ontario, Canada.  Ganz’s offices are located in Ontario, Canada.  If you choose to access and use this Website from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable.  This User Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada, without giving effect to any principles of conflicts of law.  If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The language of any proceedings arising under this User Agreement shall be English.  This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws.  Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement.  You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement should you have any queries about it.

Dispute Resolution:

This Website is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. If you have any questions or concerns relating to this Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Ganz by email at webkinzsupport@ganz.com.  All issues related to the purchases made through Webkinz eStore shall be brought to the attention of the eStore Customer Service team at ganzestorecs@ganz.com or by phone at 1-888-818-8770 from the US and Canada or at 1-888-818-8768 from everywhere else around the world.  Please note that international calls from outside of North America may require replacement of “1” with the local long distance code for Canada and may be subject to long distance charges. Should Ganz be unable to resolve the issue, the following rules may apply to the dispute.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS USER AGREEMENT.

Mandatory Arbitration — YOU AND GANZ AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS USER AGREEMENT, EXCEPT THAT YOU OR GANZ MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF.  TO INITIATE ARBITRATION, YOU OR GANZ MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: GANZ, ATTN: GENERAL COUNSEL, One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2.  BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS USER AGREEMENT WILL BE ADMINISTERED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE, IN ACCORDANCE WITH THE NATIONAL ARBITRATION RULES OR THE INTERNATIONAL ARBITRATION RULES, AS APPLICABLE, AS SUCH RULES MAY BE MODIFIED BY THIS AGREEMENT.  THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE TORONTO, ONTARIO, CANADA.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY BOTH PARTIES OR, OTHERWISE, A SINGLE ARBITRATOR SELECTED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE.  YOU AND GANZ FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS USER AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS USER AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.

Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS USER AGREEMENT, YOU AND GANZ ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.  YOU AND GANZ BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND GANZ BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

General Provisions

This User Agreement and any information provided in a link to this document and our Privacy Policy contain the entire understanding between you and Ganz in connection with your access and use of this Website and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written between you and Ganz with respect to your access and use of this Website.  If any provision of this User Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect.  Notwithstanding the foregoing, if any provision of this User Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from this User Agreement.  If you have purchased any licenses to eStore Items from the eStore for use on this Website, use of such items on this Website shall be governed by this User Agreement and the eStore User Agreement.  Your use of this Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Ganz other than that of independent contractors.  This User Agreement may not be assigned by you. 

Effective Date August 4, 2010.