THIS WEBSITE IS OWNED AND OPERATED BY COMFYWARE LTD. ("ComfyWare").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE ("SITE") OR PERMITTING YOUR CHILD TO USE THIS SITE. USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING AND USING THIS SITE, YOU ARE HEREBY AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on August 26, 2004.
User Conduct
As a condition of your use of these services, you expressly agree that you and/or you child will not use the Site or other internet services provided by ComfyWare for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your name, including the content of your transmissions through the service.
The Site is intended for entertainment and educational purposes and for the use and enjoyment of families, parents, and children. You agree to use the Site only for such purposes. Any unauthorized commercial use of the Site, ComfyWare's servers or Internet infrastructure, or its related services, or the resale of its related services, is expressly prohibited. You may not reproduce, distribute, modify, display, publish or prepare derivative works based on, repost, transmit or otherwise use, the content of this Site without ComfyWare's prior written consent. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right.
ComfyWare reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.
Intellectual Property
You should assume that everything you see or read on this Site or receive through related services, is protected by copyright unless otherwise stated and may only be used according to these Terms and Conditions. ComfyWare does not warrant or represent that your use of materials displayed on this Site will not infringe rights of third parties whom are not owned or affiliated with ComfyWare. Images are either ComfyWare's property or used by ComfyWare with another party's permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Web site are registered and unregistered trademarks of ComfyWare Ltd. and others. Your misuse of the Trademarks displayed on this Site, or any other content on the Site, except as provided herein, is strictly prohibited. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site without the written permission of ComfyWare or such third party that may own the Trademark.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from the Site. The use of any ComfyWare material on any other Web site or computer environment is prohibited.
Purchases, Taxes, Postage and Handling
You shall be responsible for the payment of all sales, use and other similar taxes relating to any online purchase of products. You shall be responsible for the payment of all postage and handling charges relating to the purchase of products online.
Your Communications to ComfyWare
ComfyWare likes to hear from you. However, in your communications with ComfyWare, please keep in mind that ComfyWare does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to ComfyWare any creative or original materials such as ideas for toys, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts, or other information. Any communication or material you transmit to the Site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like becomes the property of ComfyWare and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used without compensation by ComfyWare or licensed to others by ComfyWare for any purpose, including but not limited to product or service solicitations, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, ComfyWare is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
Links
ComfyWare has not reviewed all of the sites that you may link to from this Site and is not responsible for the content of any off-site pages or any other sites linked to this Site. Your linking to any other off-site pages or other sites is strictly at your own risk.
Disclaimers/Limitation of Liability
Your use and browsing of this Site and related Internet services is at your risk. Neither ComfyWare nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site or related services. The material contained in this Site may contain technical inaccuracies or other errors. ComfyWare does not guarantee that the functional aspects of the Site will be uninterrupted or error-free or that this Site or the server that provides it are free of viruses or other harmful components. Without limiting the foregoing, everything on this Site is provided to you "AS IS" AND "AS "AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
ComfyWare also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site (or related services).
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMFYWARE AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY COMFYWARE OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall ComfyWare's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, or $100 (whichever is less) for accessing this Site or using its related services.
Indenification
You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You agree to indemnify, defend and hold harmless, ComfyWare and its respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions by you or in connection with claims arising from your account. ComfyWare reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with ComfyWare in asserting any available defenses.
Termination
If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.
This agreement is effective until terminated by either party. This agreement will terminate immediately without notice from ComfyWare if you fail to comply with any term or provision of this agreement.
General
This agreement is governed by the laws of Israel . You agree that any legal action or proceeding between ComfyWare and you for any purpose concerning these terms and conditions or the parties' obligations hereunder shall be brought exclusively in a court sitting in Tel Aviv, Israel . Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If you use this Site from other locations you are responsible for compliance with local laws and regulations. ComfyWare products and services are available in many parts of the world; however, this Site may describe products and services that are not available in your jurisdiction.
This agreement constitutes the entire agreement between you and ComfyWare with respect to this Site and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between you and ComfyWare. If any provision herein is found to be illegal or unenforceable, the agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any cause of action arising out of or related to this Site or its services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. ComfyWare's failure to insist upon or enforce strict performance of any provisions of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms and conditions. ComfyWare may assign its rights and duties under this agreement to any party at any time without notice to you.
