Terms of Use

Please carefully read the following Terms of Use (“Terms”) before using the yooniquetoys.com website (the "Site") because they affect your rights. By accessing the yooniquetoys.com website, you accept these Terms and agree to be legally bound by them. Your sole remedy is to not use the Site or as provided herein. These Terms grant you a limited, revocable, nonexclusive license to access our sites and services and use our sites and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these Terms.

These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appears at the bottom of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site. Changes to these Terms will be effective immediately or, if required by law, 30 days after notice to you, which may be given by posting the updated Terms or by electronic or conventional mail. If you continue to use the Site after we change these Terms, you are deemed to have accepted all changes.

Access to Site

You will be able to access our Site without having to register any details with us.

Site Uptime

We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advanced warning of maintenance issues but shall not be obliged to do so.

Transactions

We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

By submitting a telephone number to Yoonique, LLC you agree that a representative of Yoonique, LLC can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our products.

Intellectual Property

All trademarks, logos, service marks, trade names, and content included in the Site, such as text, graphics, logos, button icons, images, audio clips, video, and software, is the property of Yoonique, LLC and yooniquetoys.com or its content suppliers and is protected by intellectual property, copyright, and trademark laws in the U.S. and in other countries. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Yoonique, LLC and yooniquetoys.com and protected by U.S. and international copyright laws. All software used on the Site is the property of Yoonique, LLC and yooniquetoys.com or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content of the Site is strictly prohibited. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Site content. As between you and us, we will retain all right, title, and interest in and to the Site and the Site content. No transfer of ownership to any portion of the Site content shall be made as a result of any access you are granted. In addition, except as provided in herein or otherwise expressly authorized by us in writing, you are strictly prohibited from: (i) modifying Site content; (ii) creating, distributing or advertising an index of any significant portion of the Content; or (iii) otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Site content, including, without limitation, mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

By submitting copy/text for personalization, the customer represents that the use thereof by the factory on the items ordered will not violate any laws, and Yoonique, LLC hereby disclaims any liability for compliance with such laws in the use of the customer’s copy or material.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that content posted on the Site infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Site, you must submit your notice in writing to info@yooniquetoys.com

and include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing an email to info@yooniquetoys.com and provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact info@yooniquetoys.com. Upon receipt of a notification, Yoonique, LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

Disclaimer

The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Yoonique, LLC and yooniquetoys.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Yoonique, LLC and yooniquetoys.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Information

Most products displayed on the Site are available at retail stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores and vice versa. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. All prices, pictures, and descriptions on this site are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within 30 days regarding price or promotion discrepancies. When you place your order with us, you agree to the price and terms indicated on our website. Price differences related to future or past prices in our store or any other store's prices are not refundable. The particular technical specifications and settings of your computer or device and its display could affect the accuracy of its display of the colors of products offered on the Site.

User Conduct

When using our Site, you shall not post or send to or from either the Site:

a) content for which you have not obtained all necessary consents;

b) content that is inappropriate, discriminatory, obscene, profane, vulgar, offensive, pornographic, defamatory, liable to incite racial hatred, promotes violence, terrorism, threaten, stalk, abuse or harass other persons or engage in illegal activities, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, is otherwise is contrary to the law in any applicable jurisdiction where our Site is being used, or that we deem, in our sole discretion, to be otherwise objectionable, violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights). You may not transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices, advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email), interfere with others using the Site, disassemble, decompile or otherwise reverse engineer any software or other technology included in the Site, impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit.

c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

If you violate this Section, we may terminate your access to the Site without notice and take any other actions or seek any remedies permitted by law and/or these Terms. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.

You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.

Links to Third-Party Websites

This Site may contain links to third-party websites other than our own. Yoonique, LLC and yooniquetoys.com do not assume any responsibility for those websites and provides those links solely for the convenience of our visitors. If you choose to download any third-party materials that we index or link to, you do so solely at your own risk. If you plan to download any software, please be sure to read the copyright and licensing information first.

Yoonique, LLC and yooniquetoys.com do not control the content of those websites and takes no responsibility for their content, nor should it be implied that Yoonique, LLC and yooniquetoys.com endorses or otherwise recommends such websites or the products or services offered.

Limitation on Liability

IN NO EVENT SHALL YOONIQUE, LLC OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF YOONIQUE, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. IN NO EVENT WILL YOONIQUE, LLC AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN CONNECTION WITH THE USE OF THE SITE IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. YOONIQUE, LLC WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN ITS PERFORMANCE DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, PANDEMIC, EPIDEMIC, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT, OR ANY OTHER REASON OUTSIDE OF THE REASONABLE CONTROL OF YOONIQUE, LLC. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE YOONIQUE, LLC ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF.

Indemnification

You agree to defend, indemnify, and hold us, our affiliates and subsidiaries, and their respective officers, directors, employees, shareholders, volunteers, agents, licensors, suppliers, vendors, partners, contractors, agents, and other representatives and all of their successors and assigns harmless from and against any claims, actions or demands, liabilities, damages, expenses, and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right. We retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases, you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section without our prior written approval.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Limits of Responsibility

We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product(s).

Applicable Law

The laws of the State of California will govern these Terms of Use without giving effect to any principles of conflict of law. All claims and disputes arising under or relating to these Terms or the use of the Site are to be settled by binding arbitration in the state of California. An award of arbitration may be confirmed in a court of competent jurisdiction.

We make no representations that the content or the Site is appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. With respect to any disputes or claims not subject to arbitration or small claims court (as set forth above), you agree to jurisdiction in the state and federal courts in Los Angeles County, California. Regardless of any statute or law to the contrary, you must file any claim related to the use of the Site or these Terms within one (1) year of the events first giving rise to such claim. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Miscellaneous

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Site, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any portion of these Terms are found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of these Terms shall continue to be enforceable and valid according to the terms contained herein. You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Site.

NOTE: The Terms and Conditions below are intended for users who submit content to us that we are interested in using.

Terms and Conditions

@yooniquetoys / #YooniqueToys

Thank you for sharing your content with us. By tagging our accounts or using specific hashtags such as #YooniqueToys, you have given us permission to post on our social media accounts, including your handle and the caption that you’ve placed on your photo (“User Generated Content”, or “UGC”). By sharing your UGC, you are agreeing to these Terms and Conditions and the Terms of Use for our Site (above).

You own the content you share. By sharing your UGC with us, you do not grant any ownership rights in the UGC, and you represent and warrant that you own all right, title, and interest in the UGC that you share, including all copyright(s). You also represent and warrant that the sharing and publication of your UGC does not violate the rights of any other person, including intellectual property rights.

You have the right to share your UGC. By sharing your UGC, you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.

You grant us a License to use your UGC. By sharing your UGC, you are granting Yoonique, LLC and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up license to use your UGC, including all copyright(s), in all forms and media whether now known or hereafter invented. This means that we have the right to copy, display, publish, modify, and store your UCG anywhere and through any means, and that our right will not expire. This also means that you will not receive any money as compensation for granting these rights.

How we will use your UGC. We have no obligation to use any of the UGC that you share, and we reserve the right to select in our sole discretion which images will be published. The UGC submitted to us may be used on our website and on our social media pages. We also may publish this information in our catalogs, e-mail marketing, point of sale store materials, and in other promotional and marketing materials in our sole discretion.

Waiver. By sharing your UGC, you release Yoonique, LLC from any and all liability resulting from our use of the UGC.

Non-Confidentiality. By sharing your UGC with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove you UGC from our site, simply send us an e-mail at info@yooniquetoys.com, or call us at 323-854-6612.

Even if we remove your UGC, your waiver of rights will continue to apply to all UCG that we have already used.

Our Contact Information

Yoonique, LLC

Attn: Business & Legal Affairs

1761 North New Hampshire Ave.

Los Angeles, CA 90027

info@yooniquetoys.com

Last modified: August 21, 2024