Terms & Conditions
Conditions of Use
Welcome to our online store! FARM
AND SAND TOYS and its associates provide their services to you subject to the
following conditions. If you visit or shop within this website, you accept
these conditions. Please read them carefully.
Privacy
Please review our Privacy Notice,
which also governs your visit to our website, to understand our practices.
Electronic Communications
When you visit FARM AND SAND TOYS or
send e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate with you
by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
Copyright
All content included on this site,
such as text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of FARM AND SAND
TOYS or its content suppliers and protected by international copyright laws.
The compilation of all content on this site is the exclusive property of FARM
AND SAND TOYS, with copyright authorship for this collection by FARM AND SAND
TOYS, and protected by international copyright laws.
Trademarks
FARM AND SAND TOYS’ trademarks and
trade dress may not be used in connection with any product or service that is
not FARM AND SAND TOYS’, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits FARM AND SAND TOYS.
All other trademarks not owned by FARM AND SAND TOYS or its subsidiaries that
appear on this site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by FARM AND SAND TOYS or its
subsidiaries.
License and Site Access
FARM AND SAND TOYS grants you a
limited license to access and make personal use of this site and not to
download (other than page caching) or modify it, or any portion of it, except
with express written consent of FARM AND SAND TOYS. This license does not
include any resale or commercial use of this site or its contents: any
collection and use of any product listings, descriptions, or prices: any
derivative use of this site or its contents: any downloading or copying of
account information for the benefit of another merchant: or any use of data
mining, robots, or similar data gathering and extraction tools. This site or
any portion of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of FARM AND SAND TOYS. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of FARM AND SAND
TOYS and our associates without express written consent. You may not use any
meta tags or any other "hidden text" utilizing FARM AND SAND TOYS'
name or trademarks without the express written consent of FARM AND SAND TOYS.
Any unauthorized use terminates the permission or license granted by FARM AND
SAND TOYS. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of FARM AND SAND TOYS so long as the link does not
portray FARM AND SAND TOYS, its associates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any FARM AND SAND TOYS logo or other proprietary graphic or trademark as part
of the link without express written permission.
Your Membership Account
If you use this site, you are
responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use our website only with involvement of a parent or
guardian. FARM AND SAND TOYS and its associates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their
sole discretion.
Reviews, Comments, Emails and Other Content
Visitors may post reviews, comments,
and other content: and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of
or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." You may not use
a false e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of a card or other content. FARM AND SAND TOYS reserves the
right (but not the obligation) to remove or edit such content, but does not
regularly review posted content. If you do post content or submit material, and
unless we indicate otherwise, you grant FARM AND SAND TOYS and its associates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any
media. You grant FARM AND SAND TOYS and its associates and sublicensees the
right to use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all of the
rights to the content that you post: that the content is accurate: that use of
the content you supply does not violate this policy and will not cause injury
to any person or entity: and that you will indemnify FARM AND SAND TOYS or its
associates for all claims resulting from content you supply. FARM AND SAND TOYS
has the right but not the obligation to monitor and edit or remove any activity
or content. FARM AND SAND TOYS takes no responsibility and assumes no liability
for any content posted by you or any third party.
Risk of Loss
All items purchased from FARM AND
SAND TOYS are made pursuant to a shipment contract. This basically means that
the risk of loss and title for such items pass to you upon our delivery to the
carrier.
Product Descriptions
FARM AND SAND TOYS and its
associates attempt to be as accurate as possible. However, FARM AND SAND TOYS
does not warrant that product descriptions or other content of this site is
accurate, complete, reliable, current, or error-free. If a product offered by FARM
AND SAND TOYS itself is not as described, your sole remedy is to return it in
unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE
IS PROVIDED BY FARM AND SAND TOYS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. FARM AND SAND TOYS MAKES 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, FARM AND SAND TOYS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FARM AND
SAND TOYS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FARM
AND SAND TOYS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FARM AND SAND
TOYS WILL NOT BE 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. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
Applicable Law
By visiting FARM AND SAND TOYS, you
agree that the laws of the state of Kansas, USA, without regard to principles
of conflict of laws, will govern these Conditions of Use and any dispute of any
sort that might arise between you and FARM AND SAND TOYS or its associates.
Disputes
Any dispute relating in any way to
your visit to FARM AND SAND TOYS or to products you purchase through FARM AND
SAND TOYS shall be submitted to confidential arbitration in Kansas, USA, except
that, to the extent you have in any manner violated or threatened to violate FARM
AND SAND TOYS’ intellectual property rights, FARM AND SAND TOYS may seek injunctive
or other appropriate relief in any state or federal court in the state of Kansas,
USA, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrators award shall be binding
and may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Severability
Please review our other policies,
such as our Shipping and Returns policy, posted on this site. These policies
also govern your visit to FARM AND SAND TOYS. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time. If any
of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
Questions
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: fastweborders@gmail.com