We will limit the collection and use of personal information, or individual information (as defined below), to what is necessary to administer our business and provide you with the highest quality service. We will NOT disclose any individual information, unless by order of subpoena, or if the disclosure of such information to your credit-card bank may help us prove the legitimacy of your credit-card charge or bill. We actively participate in industry associations and community groups to support strong and effective privacy guidelines and practices in the interactive environment.
A.TYPES OF INDIVIDUAL INFORMATION.
Individual Information is any information, data or records that relate to your Oompa Toys membership or use of Oompa Toys and identifies you or your individual member account. The three types of individual information are:
- "identity and billing information," such as your name, street address, telephone number, billing information, and any screen names associated with your account;
- "navigational information," such as information about where you go through Oompa Toys;
- "private communications," such as the contents of e-mail.
B. MEMBER IDENTITY AND BILLING INFORMATION.
- COLLECTION AND STORAGE. We may maintain the following types of identity and billing information: your name, street address, telephone number(s), length of membership, and payment information. We may also keep information on your communications with our Customer Service department and general account history, such as accumulated usage credits or written complaints relating to your account. We safeguard individual information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Members' individual information. Employees who violate Oompa Toys' privacy policies are subject to disciplinary actions, including termination when appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on Oompa Toys' behalf.
- USE. We use identity and billing information to administer our business and ensure that you are properly billed.
- DISCLOSURE. We do not release Members' telephone numbers, credit card numbers, or checking account numbers (or other Individual Information, such as navigational information. Our policy is to disclose no information to third parties that would link a Member's screen name(s) with a Member's actual name, unless required to do so by law or legal process served on Oompa Toys (e.g. a subpoena). Oompa Toys, at its sole discretion, reserves the right to make exceptions to this policy in extraordinary circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis. When feasible, we do allow our Members to access and verify their Member Identity and Billing Information. We also allow our Members to request corrections to this Information. Oompa Toys intends to abide by applicable laws governing the disclosure to governmental entities of individual information and other records. If we are under a legal obligation to disclose individual information to a private citizen or entity, we may make efforts under the circumstances to notify the affected Member(s) in advance of releasing it in order to provide the Member(s) an opportunity to pursue any available legal protection.
- COMPELLING OBLIGATION. Although Oompa Toys will take reasonable measures not to disclose information about you or the contents of your communications, we may be compelled to do so in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce these terms and conditions; or (d) to protect the interests of Oompa Toys or others.
C. NAVIGATIONAL INFORMATION.
- COLLECTION. We may collect and store certain navigational information and the times and ways you use Oompa Toys.
- USE. Oompa Toys uses navigational information for programming and editorial research. For example, we may use this information to understand our Members' reactions to menu items and Content offered through Oompa Toys.
- DISCLOSURE. Oompa Toys will not disclose navigational information (e.g. what you view through Oompa Toys) to third parties, except to comply with applicable law or valid legal process (e.g. search warrant or court order).
D. PRIVATE COMMUNICATIONS.
- COLLECTION AND STORAGE. To keep copies of any communications with Oompa Toys, you should store them on your personal computer hard drive or in print form. You agree that Oompa Toys may employ e-mail virus-checking technology to protect its system and its members from viruses.
- USE. Oompa Toys treats communications to Oompa Toys as strictly confidential. Oompa Toys does not access, use or disclose the contents of private communications, except in limited circumstances as specifically provided below. You acknowledge that communications directed to Oompa Toys may be used or disclosed without restrictions relating to privacy or confidentiality.
- DISCLOSURE. Oompa Toys does not access or disclose the contents of communications (e.g. e-mail), unless it in good faith believes that such action is necessary (1) to comply with applicable law or valid legal process (e.g. search warrant or court order); (2) to protect the rights or property of Oompa Toys; or (3) in emergencies when Oompa Toys believes that physical safety is at risk.
Except where expressly permitted by law, you may not translate, reverse-engineer, reverse-compile, decompile, disassemble or make derivative works from Oompa Toys Content. You agree and accept that Oompa Toys' introduction of various technologies may not be consistent across all platforms (e.g. Macintosh). Member expressly agrees that the use of Oompa Toys is at member's sole risk. Oompa Toys provides the Oompa Toys service on a commercially reasonable basis and does not guarantee that members will be able to access the service at a time or location of their choosing, or that it will have adequate capacity for the service as a whole.
If any part of the TAC is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect.
Any dispute, whether in contract, tort or both, between you and Oompa Toys arising from your use of this Web site or purchase of any product from Oompa Toys:
- shall be governed by the laws of the State of California, excluding any laws that direct the application of another jurisdiction's laws;
- shall be resolved in Los Angeles, California;
- shall, except with respect to any claim by Oompa Toys of violation of its intellectual property rights (including but not limited to copyrights, trademarks, trade names, patents and a right of publicity), be submitted to confidential and binding arbitration in Clark County, Nevada before a single arbitrator, according to the then-effective rules of the American Arbitration Association. The award may be enforced in any court of competent jurisdiction. BY THIS, THE PARTIES AGREE THAT THEY ARE WAIVING THEIR RIGHTS TO A JURY TRIAL.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Oompa Toys any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.
We attempt to describe products as accurately as possible. However, we do not warrant our product descriptions or other content of this site to be accurate, complete, reliable, current, or error-free. If you believe that a product offered by us is not as described, your sole remedy is to return it in unused condition.
THIS SITE IS OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND THEREFORE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. HOWEVER, TO THE EXTENT THAT AN APPLICABLE STATE LAW FORBIDS ANY OF THESE LIMITATIONS, SOME OF THEM MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WE DO NOT MANUFACTURE ANY PRODUCTS AND WE DO NOT WARRANT ANY PRODUCTS. ITEMS WE SHIP MAY INCLUDE WARRANTIES OR LIMITED WARRANTIES BY THE MANUFACTURER. WHEN YOU RECEIVE AN ITEM, YOU AGREE THAT YOU WILL EXAMINE IT AND DETERMINE FOR YOURSELF WHETHER THE APPLICABLE WARRANTY OR LIMITIED WARRANTY IS SATISFACTORY TO YOU. IF YOU FIND THAT IT IS NOT, YOUR SOLE REMEDY IS TO RETURN THE ITEM IN UNUSED CONDITION.
THE PRODUCTS SOLD BY Oompa Toys ARE NOVELTIES, AND INTENDED FOR USE ONLY AS SUCH. THEY ARE NOT TO BE USED FOR THE TREATMENT OF ANY MEDICAL CONDITION.
YOU AGREE TO REVIEW ALL INSTRUCTIONS INCLUDED WITH ANY PRODUCT YOU PURCHASE FROM US BEFORE USING IT.
DEFINITIONS AND REFERENCES.
- "TAC" = The Terms and Conditions
- "Oompa Toys" = The oompa.com or oompatoys.com service
- "Oompa Toys" or "we" = oompa.com or oompatoys.com
- "Member", "user" or "you" = A registered subscriber or authorized user of Oompa Toys
- "Effective Date" = Thirty (30) days after the date of the last TAC change as posted in the Terms and Conditions area
- "Content" = Information, photos, graphics, and other material and services, collectively
- "Rights" = Copyrights, trademarks, and other intellectual property and proprietary rights
- "Public Areas" = Areas on Oompa Toys that are freely open to guests
- "Individual Information" = Any information, data or records that relate to your Oompa Toys membership or use of Oompa Toys and identifies you or your individual Member account
