Conditions of Use

Conditions of Use

Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site. PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE. 1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. 2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. 3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by “HOMEPLAY” in its sole discretion. If membership has been revoked, “HOMEPLAY” reserves the right to refuse application or readmission to the membership program. 4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). 5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site. 6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. 7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you. 8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information. 10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. 11. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. 12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. 13. Privacy Policy. Our Privacy Policy ß “Make “Privacy Policy a hyperlink to your privacy policy page”, as it may change from time to time, is a part of this Agreement. 14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. 15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents. 16. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. 17. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions. 18. Return Policy. Due to the nature of our online site, and the products listed, we “HOMEPLAY” have a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund. (“ THIS SECTION CAN BE CHANGED AS TO YOUR RETURN POLICY”) 19. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF “LOS ANGELES COUNTY”, “CALIFORNIA” OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF “CALIFORNIA” . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT “LOS ANGELES COUNTY” , “CALIFORNIA” OR THE DISTRICT OF “THE STATE/DISTRICT IN WHICH YOUR COMPANY RESIDES” IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by “HOMEPLAY”, in the State of “CALIFORNIA”, USA. As such, the laws of “CALIFORNIA” will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws. 20. Lapsed Accounts: In order to keep “HOMEPLAY” membership roster current, if a Member does not access his or her account for a period of “180” days or more, “HOMEPLAY” may, in its sole discretion, terminate such Member's account. “HOMEPLAY” will endeavor to notify a Member of “HOMEPLAY” intent to terminate such Member's account by notice to such Member's provided email address at least “30” days prior to deactivation. If the Member fails to respond to such email notice with “30” days after the day it is sent by “HOMEPLAY”, such Member's account will be terminated as noted above. Therefore, “HOMEPLAY” strongly recommends that all Members keep their accounts and contact data current and in use. While “HOMEPLAY” desires to prevent active accounts from being terminated prematurely, “HOMEPLAY” has no obligation to maintain accounts that appear to “HOMEPLAY” to have been abandoned. Each Member agrees that failure to access his or her account for “180” days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated. 21. Verify Members' Address: “180” reserves the right to contact a Member via email or phone to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from “HOMEPLAY”.

TERMS AND CONDITIONS HOMEPLAY Rewards Member Agreement
The HOMEPLAY Rewards™ program ("HOMEPLAY Rewards" or "Program") is owned and operated by HOMEPLAY LLC or any of its affiliates ("HOMEPLAY"), or its third-party providers. HOMEPLAY Rewards is provided subject to compliance with the terms and conditions of this member agreement ("Member Agreement"). Please read this Member Agreement carefully before accessing or using HOMEPLAY Rewards. By accessing or using HOMEPLAY Rewards, you agree to be bound by the terms and conditions set forth below, as if you had actually signed them. If you do not agree to the terms and conditions set forth below, you may not use HOMEPLAY Rewards. You acknowledge and agree that this Member Agreement is a legally binding contract between you and HOMEPLAY. HOMEPLAY may modify the terms and conditions in this Member Agreement as described below. You agree to review the Member Agreement often to familiarize yourself with such modifications. By completing the registration process and approval into HOMEPLAY Rewards by HOMEPLAY, you become an authorized user of HOMEPLAY Rewards (a "Member"). Eligibility Membership in HOMEPLAY Rewards is free or as otherwise specified upon registration into HOMEPLAY Rewards. HOMEPLAY Rewards is limited to individuals only. Corporations or other business entities may not become Members. HOMEPLAY Rewards is limited to one account per individual, even if that individual has multiple e-mail addresses. In addition, only one account per e-mail address will be allowed. Automated services, scripts, or other machines are not eligible. Each Member must be at least 13 years of age or older to be eligible for HOMEPLAY Rewards. Each member must be a legal resident of the United States of America to be eligible for HOMEPLAY Rewards. Membership in HOMEPLAY Rewards, any points earned utilizing HOMEPLAY Rewards or any other related membership benefits are not transferable and may not be combined or merged among other Member accounts, their estates, successors or assigns. Member Registration Obligations Equipment: In order to access and use HOMEPLAY Rewards, Member needs computer equipment and telecommunications access necessary to connect to and access the World Wide Web. Member must provide, at Member's own expense, all equipment, all services (including, where applicable, telephone or internet access service) and all related third-party service fees (such as ISP charges) necessary to access HOMEPLAY Rewards. Registration Data: In consideration of use of HOMEPLAY Rewards, Member agrees to provide to HOMEPLAY and its third-party partners true, accurate, current, and complete information as prompted by this Website's online registration form (the "Registration Data") and agrees to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current and complete. If Member provides any information that is untrue, inaccurate, not current or incomplete, HOMEPLAY may suspend or terminate Member's account immediately and may refuse Member all current or future use of HOMEPLAY Rewards. Password & Account Access Member's Password & Account Access Rights & Responsibilities Member must select a Member identification name and password as part of the registration process. In order to prevent unauthorized activity, to access HOMEPLAY Rewards, Member must give HOMEPLAY Rewards the selected Member identification name and password in order to update Member profile information and redeem HOMEPLAY Rewards points ("HOMEPLAY Rewards Points"). Member must be logged in to HOMEPLAY Rewards, using his/her Member identification name and password, to access his/her HOMEPLAY Rewards account. For security purposes, Member is advised to memorize, and not to write down, his/her Member identification name and password. Member agrees not to use any language in his/her Member Identification name, Password, e-mail addresses, aliases, e-mails, chat rooms or any other communication that HOMEPLAY Rewards deems offensive or obscene. HOMEPLAY Rewards reserves the right to immediately suspend or terminate the account of any Member who violates this agreement at its sole discretion and may refuse Member all current and future use of HOMEPLAY Rewards. Member is responsible for keeping his/her e-mail address, Member identification name and password confidential, and is solely responsible for all activities that occur under Member's e-mail address, Member identification name and password, including all unauthorized activities. Member agrees to (a) immediately notify HOMEPLAY of any unauthorized use of his/her Member identification name and password or any other breach of security related to this Website or HOMEPLAY Rewards, and (b) ensure that Member exits from Member's account at the end of each session. Member agrees to abide by all applicable local, state, federal and international laws and regulations with respect to Member's account. HOMEPLAY's Password & Account Access Rights & Responsibilities HOMEPLAY will encrypt Member's password on the database. HOMEPLAY is entitled to act on instructions received under Member's identification name and password. HOMEPLAY cannot and will not be liable for any credits or debits made to Member's account by another individual who uses Member's password, or for any loss or damage arising from Member's failure to adequately safeguard Member's identification name and/or password. Each Member consents to HOMEPLAY Rewards employees being able to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse. If this occurs, HOMEPLAY Rewards shall not disclose the existence or occurrence of such an investigation unless otherwise required by law. Generally, only the Member named on the account will be entitled to access account information. However, HOMEPLAY Rewards does comply with court orders and subpoenas and cooperates with investigations by local, state and federal agencies. Under these circumstances your account information may be shared with others with or without your knowledge or consent. Value of HOMEPLAY Rewards Points HOMEPLAY Rewards Points may not be redeemed for cash. HOMEPLAY Rewards Points are not transferable. HOMEPLAY Rewards Points may not be bartered or sold. Earning HOMEPLAY Rewards Points Members can earn points by participating in various activities on the HOMEPLAY Rewards site. Descriptions of these activities and number of points awarded per activity are outlined in the FAQ section of the HOMEPLAY Reward site. Member agrees that he/she shall receive personalized e-mails, information and offers from HOMEPLAY and/or its partners ("Partners") or as otherwise specified by HOMEPLAY via electronic mail, the Internet, physical mail and other communications in any media and that activity by such Member regarding the information received may entitle the Member the ability to earn HOMEPLAY Rewards Points. Examples of some HOMEPLAY Rewards Point earning activities may include, but are not required to include, participating in on line puzzles, completing polls or surveys, creating and maintaining a wish list, and participating in partner offers. From time to time, HOMEPLAY Rewards may send messages to Member that do not carry the ability to earn HOMEPLAY Rewards Points. Notwithstanding the foregoing, HOMEPLAY will make a best effort attempt to inform Member when he/she has the opportunity to earn HOMEPLAY Rewards Points. On occasion, HOMEPLAY and/or its Partners may allow Members to earn additional HOMEPLAY Rewards Points via special offers. The amount of HOMEPLAY Rewards Points offered via special offers will be on a case-by-case basis. The ability to earn additional HOMEPLAY Rewards Points and the amount of possible additional HOMEPLAY Rewards Points will be stipulated in each special offer. Member must comply with the terms of each special offer to earn any such additional HOMEPLAY Rewards Points. Member acknowledges that he/she may not be eligible to receive certain offers. If Member is sent or receives an offer in error, HOMEPLAY reserves the right to debit the Member's account for the HOMEPLAY Rewards Points erroneously credited. HOMEPLAY Rewards shall make the final determination, in its sole discretion, as to whether a qualified activity has been satisfactorily completed and HOMEPLAY Rewards Points may or may not be earned for such activity in the Member's account. Members may be given additional HOMEPLAY Rewards Points, if HOMEPLAY determines, in its sole discretion, that such HOMEPLAY Rewards Points should be given. Members may view a summary of their HOMEPLAY Rewards Points accumulation at the HOMEPLAY Rewards website. Each Member should review the HOMEPLAY Rewards Points accumulation on the HOMEPLAY Rewards website to confirm any HOMEPLAY Rewards Points earnings. Participation in Partners Offers Member's Participation in Partners Offers Rights & Responsibilities Member's participation in Partners offers or correspondence with Partners is solely between Partners and Member. Member is responsible for complying with rules set forth by Partners. HOMEPLAY's Participation in Partners Offers Rights & Responsibilities HOMEPLAY assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any part of any offers, promotions or advertisements sourced by Partners. HOMEPLAY assumes no liability, obligation, or responsibility for direct communication or correspondence between Member and Partners, including but not limited to: Fulfillment and timeliness of delivery of Partners goods or services. Security associated with credit card or other transactions directly initiated by Member with Partners. Maintenance of privacy of any personal information given by Member directly to Partners. Member agrees that HOMEPLAY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with Partners, or as the result of the presence of such Partners on this or any other HOMEPLAY or Partner Website or via HOMEPLAY Rewards. Redeeming HOMEPLAY Rewards Points HOMEPLAY Rewards Points shall be available to each Member that participates in HOMEPLAY Rewards point earning activities designated by HOMEPLAY Rewards and the amount of the HOMEPLAY Rewards Points available for each qualified activity shall be determined in the sole discretion of HOMEPLAY, all of which is subject to change, modification, addition or deletion from HOMEPLAY Rewards at any time. Once Member has achieved sufficient points, Member may redeem his/her accrued HOMEPLAY Rewards Points for rewards or to take advantage of HOMEPLAY and/or Partner offers as outlined on the HOMEPLAY Rewards Points redemption catalog Website. Note: For some products in the HOMEPLAY Rewards Points redemption catalog, Members who are not HOMEPLAY Card holders and Members who are HOMEPLAY Card holders but have not registered their HOMEPLAY Card with HOMEPLAY Rewards, will only be permitted to apply a limited amount of their HOMEPLAY Rewards points towards the purchase of the product. The balance of the points necessary to redeem towards the purchase of the product must be purchased by the Member from the HOMEPLAY Rewards point bank using a Member's valid VISA, Master Card, Discover or American Express Card. The amount of points necessary, the price of the points, and the purchase of the points, will be made available in the HOMEPLAY Rewards Points redemption catalogue shopping cart. The points earning opportunities specified in the FAQ Section of the HOMEPLAY Rewards site are subject to change by HOMEPLAY at any time and without prior notice. Member must have a minimum balance of fifty (50) HOMEPLAY Rewards Points in his/her account at the time of the requested reward redemption to claim a reward. HOMEPLAY Rewards Points shall immediately be deducted from the Member's account upon the valid redemption of a reward through the HOMEPLAY Rewards Points redemption catalog Website. Any reward claimed utilizing HOMEPLAY Rewards points shall only be delivered to a valid address of the registered credit card issuing bank located in the United States. HOMEPLAY Product Purchases This Member Agreement shall govern your purchase of Product(s) (as defined herein) from HOMEPLAY through HOMEPLAY Rewards. A "Product" shall mean any item offered for sale or licensing from HOMEPLAY through HOMEPLAY Rewards, including, but not limited to, hardware devices, software, accessories, configurations of hardware and software, and documentation. Any attempt to supplement or amend any terms and conditions of this Member Agreement or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void. Your submission of an order for Product(s) shall constitute your full acceptance of the terms regarding purchases of Product(s) in this Member Agreement. HOMEPLAY offers a variety of Product(s) through HOMEPLAY Rewards and may update, revise or discontinue any Product(s) offering at any time, in its sole discretion. Quantities of Product(s) are subject to availability. In the event of a shortage, HOMEPLAY may allocate sales and deliveries of such Product(s) in its sole discretion. Changes or differences between the marketing materials describing the Product(s) through HOMEPLAY Rewards and what Product(s) is shipped are possible. Any order for Product(s) placed by you through HOMEPLAY Rewards shall be considered to be an offer by you and, therefore, subject to acceptance by HOMEPLAY. No acceptance of your offer shall be deemed to be given by HOMEPLAY until shipment by HOMEPLAY or its designee of such Product. With respect to any Product(s), HOMEPLAY makes no warranties except those stated in the HOMEPLAY limited warranty cards included with the Product(s), if applicable, or in the case of optional extended warranties issued by HOMEPLAY, such extended warranty documentation. If Member purchases a Product(s) that includes any software, then such software (including pre-loaded software contained in hardware) is provided subject to such software's user license agreement and you agree to be bound to any such agreement. HOMEPLAY may choose a reputable carrier and appropriate means of shipment for Product shipments purchased through HOMEPLAY Rewards. The purchase price for Products will be represented by the number of HOMEPLAY Rewards points required for redemption. For Members who are not HOMEPLAY Card holders and Members who are HOMEPLAY Card holders but have not registered their HOMEPLAY Card with HOMEPLAY Rewards, the amount of HOMEPLAY Rewards points that may be redeemed from the Member's HOMEPLAY Rewards account for a particular Product, as well as the amount of points that must be purchased from the HOMEPLAY Rewards point bank, will be indicated in the Member's shopping cart during the Product check-out process. HOMEPLAY confirms the listed price for Product(s) and/or number of HOMEPLAY Rewards Points utilized to purchase such Product(s) during the order processing procedures. In the unlikely event that a stated price for Product or the number of HOMEPLAY Rewards Points utilized is incorrect, then the following applies: If the correct number of HOMEPLAY Rewards Points needed for purchase of the Product is lower than the HOMEPLAY Rewards Point requirement listed, HOMEPLAY will deduct the lower amount and ship you the Product(s). If any HOMEPLAY Rewards Points in excess of the amount required were purchased from the HOMEPLAY Rewards point bank in connection with the Product purchase, HOMEPLAY will issue a credit equal to the value of such points against the Member's credit card used to purchase them. If the correct number of HOMEPLAY Rewards Points needed as part of the purchase price for Product(s) is higher than the HOMEPLAY Rewards Point requirement listed, HOMEPLAY may, in its sole discretion, either (A) contact you to advise you of the pricing error and allow for the purchase of the Product based on the correct price; or (B) cancel the order for Product(s) and notify you of such cancellation. Title to the Product(s), other than software, shall pass from HOMEPLAY to you upon shipment from HOMEPLAY's facility. Title to software shall remain with the applicable licensor(s). Returns and Exchanges Members may return products at their sole cost and expense that have been purchased from HOMEPLAY through the Program utilizing HOMEPLAY Rewards Points. HOMEPLAY allows for return of Product(s) after obtaining a return authorization number ("RMA") directly from HOMEPLAY during the 30 day period following the date of shipment from HOMEPLAY. RMA's may be obtained through HOMEPLAY's customer service by e-mail (homeplayrewards@myhomeplay.com) or by telephone at 1-626-814-9060. The RMA must be noted on the outside of the returned Product's container. The following items must be in the condition listed below to be accepted by HOMEPLAY for return: CD, DVD software, video game, cassette tape, vinyl record or VHS tape all must remain unopened (still in plastic wrap, if applicable). Any item from the electronic product offering must be in new condition with original packaging and accessories. If a Member returns Product(s) that either (A) does not include a valid RMA; (B) is not within the 30 day period; or (C) does not have the proper packaging, then HOMEPLAY retains the right, in its sole discretion, to either refuse delivery of such Product(s) or charge the Member a restocking fee. Any return policy for products purchased from a Partner shall be controlled by each Partners individual return policy. After a return has been made and approved by HOMEPLAY Rewards, (i) Members who are not Credit Card holders and Members who are Credit Card holders but have not registered their Credit Card with HOMEPLAY Rewards will have the full monetary value of the purchase credited to their Credit card; (ii) Members who have a Creidt Card registered with HOMEPLAY Rewards will be issued a credit against the credit card used to purchase any HOMEPLAY Rewards points from the points bank equal to the value of the points purchased from the point bank for the Product (if any) and will have the points used for the Product purchase that were not purchased from the HOMEPLAY Rewards points bank added back to their HOMEPLAY Rewards Points account balance. Any credit for the purchase price and HOMEPLAY Rewards Points shall be made to the appropriate Member accounts and/or credit cards within fourteen business (14) days after HOMEPLAY's receipt of the returned Product(s). Any HOMEPLAY Rewards Points that are added back to the Member's account shall be available to be used for additional purchases after the credit is posted. Members shall arrange for and pay any and all shipping costs for products returned to HOMEPLAY and that have been purchased through HOMEPLAY Rewards. HOMEPLAY Rewards recommends that Members obtain insurance for any products that are shipped to HOMEPLAY through a traceable shipping method since each Member assumes the risk of loss of the product until it has been received by HOMEPLAY. Any items purchased from HOMEPLAY and/or HOMEPLAY Rewards are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon HOMEPLAY's delivery to the carrier. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier. Expiration of HOMEPLAY Rewards Points HOMEPLAY Rewards Points shall be earned each month for each qualified activity that the Member completes during each month. Any HOMEPLAY Rewards Points that are earned during the current month shall be available for redemption for a period of (i) five (5) years for Members who have a HOMEPLAY account registered with HOMEPLAY Rewards at the time the points are earned, subject to any limitations and conditions contained in their HOMEPLAY Account agreement with the card issuing bank; or (ii) until March 31st of the calendar year following the calendar year in which the points are earned for Members who are not Credit Card holders and Members who are Credit Card holders but have not registered their Credit Card with HOMEPLAY Rewards. Member acknowledges that any HOMEPLAY Rewards Points that are not redeemed during the redemption periods described in paragraph 10(b) above shall be forfeited at the end of that period. (For example, if 500 HOMEPLAY Rewards Points are earned in the month of June by a Member who does not have a Credit Card registered with HOMEPLAY Rewards, then these 500 points must be utilized by the last day of March of the following calendar year or such HOMEPLAY Rewards Points shall be forfeited.) Members who have a Credit Card registered with HOMEPLAY Rewards will maintain their points for up to five years, subject to any limitations and conditions contained in their Credit Card agreement with the card issuing bank. For all other Members, all HOMEPLAY Reward points are automatically forfeited when the Member elects to terminate his/her HOMEPLAY Rewards membership. Proprietary Rights to Content Member agrees that title, ownership rights and other intellectual property and proprietary rights in HOMEPLAY Rewards shall remain in HOMEPLAY and/or its licensors and suppliers. Member acknowledges that the content of this Website and HOMEPLAY Rewards - including but not limited to text, sound, photographs, graphics, software or other material contained in either HOMEPLAY, Partners, advertisements, offers, electronic mail communications, services or software is copyrighted by HOMEPLAY and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by HOMEPLAY or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of HOMEPLAY and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by HOMEPLAY or its Partners may be downloaded onto a single computer for Member's personal, noncommercial use. Member must abide by all copyright notices, information, or restrictions contained in or attached to any such content. Member may use HOMEPLAY's or Partners' content, service or software only as expressly authorized by HOMEPLAY or the Partners. Member acknowledges and agrees that HOMEPLAY Rewards and any necessary software provided by HOMEPLAY or its Partners or other third-party partners and used in connection with HOMEPLAY Rewards ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. HOMEPLAY grants Member a personal, nontransferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with Member's use of this Website and HOMEPLAY Rewards; provided that Member does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. Member agrees not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to HOMEPLAY Rewards. Member agrees not to access HOMEPLAY Rewards by any means other than through the interface that is provided by HOMEPLAY for such use. If, at HOMEPLAY Rewards' request, a Member sends content (e.g., postings to chat boards or contests) or Member sends HOMEPLAY Rewards creative suggestions, ideas, notes, drawings or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of HOMEPLAY and shall be controlled by the same ownership obligations set forth in Section 11.a.-d.above. Member Conduct Member agrees not to use HOMEPLAY Rewards or this Website to: Violate any local, state, national or international law; Stalk, harass or harm another individual; Collect or store personal data about other Members; Impersonate any person, or otherwise misrepresent Member's identity; Interfere with, disrupt or violate the terms and conditions and operating rules of HOMEPLAY Rewards or servers or networks connected to HOMEPLAY Rewards; or disobey any requirements, procedures, policies or regulations of such networks; Interfere with another Member's use of HOMEPLAY Rewards; Attempt to gain unauthorized access to HOMEPLAY Rewards, or to other accounts, computer systems or networks connected to HOMEPLAY Rewards; Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; Use HOMEPLAY Rewards to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; Resell or otherwise generate income by providing access to HOMEPLAY Rewards to others. Termination This Member Agreement, and your account, may be terminated as follows: By Member. Member may terminate membership in HOMEPLAY Rewards with or without cause at any time. Member's termination of HOMEPLAY Rewards is effective upon Member completing the Member termination form within the HOMEPLAY Rewards website. By HOMEPLAY. HOMEPLAY may terminate this Member Agreement, Member's password, account or use of HOMEPLAY Rewards, and remove and discard any Member content in its sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, failure to provide accurate Registration Data, lack of use, or if HOMEPLAY believes that Member has violated or acted inconsistently with the letter or spirit of this Member Agreement. HOMEPLAY reserves the right to discontinue HOMEPLAY Rewards with four (4) months prior notice. Effect of Termination. Upon termination by either Member or HOMEPLAY: HOMEPLAY may immediately deactivate or delete Member's account and all related information and files and/or bar any further access to such files or HOMEPLAY Rewards. Member's right to use HOMEPLAY Rewards ceases immediately. Members who do not have a HOMEPLAY Card registered with HOMEPLAY Rewards shall forfeit any unredeemed HOMEPLAY Rewards Points upon termination. Should Member object to any of the terms or conditions of this Member Agreement or any subsequent modifications thereto or become dissatisfied with HOMEPLAY Rewards, Member's only recourse is to: Immediately discontinue use of HOMEPLAY Rewards, and Properly terminate membership in HOMEPLAY Rewards [see item 13(a)(i) above]. Member agrees that HOMEPLAY shall not be liable to Member or to any third party for any termination of Member's account or Member's access to HOMEPLAY Rewards. Survival. The provisions of Sections 3b, 4, 6b, 9, 11, 12 and 14 through 22 shall survive any termination of this Member Agreement. Privacy Policy Click here to review HOMEPLAY Rewards' Privacy Policy. Modifications to Terms & Conditions HOMEPLAY reserves the right to modify HOMEPLAY Rewards, this Member Agreement and/or Privacy Policy at any time without prior notice. It is a Member's responsibility to review from time to time and stay familiar with this Member Agreement and Privacy Policy. While HOMEPLAY reserves this right, HOMEPLAY will attempt to notify Member of any such changes to the Privacy Policy and material changes to the Member Agreement via e-mail and/or by posting such changes on the HOMEPLAY Rewards Website. HOMEPLAY may discontinue, add to or revise any or all aspects of HOMEPLAY Rewards in its sole discretion and without notice, including HOMEPLAY Rewards Points, access to any support services, publications and other products or services ancillary to HOMEPLAY Rewards or membership. If Member objects to any changes, Member's sole recourse shall be to cease using HOMEPLAY Rewards. Member's continuing use of HOMEPLAY Rewards after notification of any such change(s) constitutes conclusive evidence of Member's acknowledgement of the modification to this Member Agreement and Member's agreement to be bound by such change(s). Any new or additional features of HOMEPLAY Rewards shall be subject to this Member Agreement. Disclaimer of Warranties Member agrees that use of HOMEPLAY Rewards and this Website is solely at the risk of the Member. HOMEPLAY Rewards and all services offered therein are provided on a strictly "AS IS" and "AS AVAILABLE" basis, without representation or warranty (including any implied warranties) of any kind. Neither HOMEPLAY nor its Partners makes any warranty: That HOMEPLAY Rewards will meet Member's requirements. That HOMEPLAY Rewards will be uninterrupted, timely, free of errors or without defects. As to the results a Member may obtain by using HOMEPLAY Rewards. As to the accuracy or reliability of any information obtained via HOMEPLAY Rewards. HOMEPLAY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, OTHER THAN AS OTHERWISE SET FORTH IN THIS MEMBER AGREEMENT, REGARDING HOMEPLAY REWARDS, INFORMATION, SERVICES OR GOODS PROVIDED BY OR THROUGH HOMEPLAY REWARDS (OTHER THAN THOSE INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THIS MEMBER AGREEMENT), INCLUDING, BUT NOT LIMITED TO: THE IMPLIED WARRANTY OF MERCHANTABILITY; THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USER OR PURPOSE; AND NON-INFRINGEMENT. HOMEPLAY makes no warranty with regard to any products, services, or gifts obtained by Members through HOMEPLAY Rewards' Partners. HOMEPLAY cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Partners, manufacturers of merchandise or suppliers of services. However, the third party manufacturer or supplier of these Product(s) may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims. No advice or information, whether oral or written, obtained by a Member from HOMEPLAY or via HOMEPLAY Rewards shall create any warranty not expressly made herein. Limitation of Liability Member understands that HOMEPLAY and/or Partners may place restrictions on the use of goods and services offered through HOMEPLAY Rewards. Member understands that all goods and services offered by Partners through HOMEPLAY Rewards are offered by third parties, and that HOMEPLAY does not operate, control or endorse any information, goods or services of its Partners in any way. ANY LIABILITY THAT MAY ARISE FROM A PRODUCT(S) SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCT(S). NEITHER HOMEPLAY, NOR ITS OFFICERS, DIRECTORS, STOCKHOLDERS, SUBSIDIARIES, EMPLOYEES, AGENTS, VENDORS, LICENSORS, AFFILIATES OR OTHER THIRD-PARTY PROVIDERS SHALL BE HELD LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM: The use or inability to use HOMEPLAY Rewards; The cost of procurement of substitute goods or services; Any transaction entered into or through HOMEPLAY Rewards; The reliance on or use of any information, goods, services or merchandise provided on HOMEPLAY Rewards; Unauthorized access to or alteration of Member's transmissions or data; Statements or conduct of any third party; Any claim attributable to errors, omissions or other inaccuracies in HOMEPLAY Rewards and/or materials or information retrieved through HOMEPLAY Rewards; or Any other matter relating to HOMEPLAY Rewards or this Member Agreement; The purchase of Product(s) through HOMEPLAY Rewards. The above limitation is applicable even if HOMEPLAY or its authorized representatives have been advised of (or know or should have known of) the possibility of such damages. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to Member. Member's rights vary from jurisdiction to jurisdiction. To the extent that HOMEPLAY may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law. Member acknowledges and agrees that HOMEPLAY neither endorses the contents of any electronic mail, Internet communications, physical mail or other communications in any media nor shall HOMEPLAY be held responsible or liable for: The accuracy of material contained in electronic mail, Internet, or other communications. Any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications. Any fraud or other crime facilitated by the electronic mail, Internet, or other communications. Member agrees that HOMEPLAY is not liable to Member or to any third party for any modification, suspension or discontinuance of any part or all of HOMEPLAY Rewards, including changes or discontinuances of service from particular providers to HOMEPLAY Rewards, which may affect the amount of the HOMEPLAY Rewards Points offered or the accrual of HOMEPLAY Rewards Points. HOMEPLAY Rewards is void where prohibited by law. Laws The Member Agreement shall be governed by and construed according to the laws of the state of New York as applied to agreements made, entered into and performed entirely in New York by New York residents, notwithstanding the actual residence of the parties. The Member Agreement constitutes the complete, final and exclusive understanding between HOMEPLAY and Member relating to the subject matter hereof and governs Member's use of HOMEPLAY Rewards, superseding all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter. Member may be subject to additional terms and conditions that may apply when Member obtains or uses third-party content, third-party software or goods and services provided by or through Partners or other third parties. If any provision(s) of the Member Agreement is (are) held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. HOMEPLAY's failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HOMEPLAY in writing. Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of HOMEPLAY Rewards or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement. HOMEPLAY may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member. All headings in this Member Agreement are for convenience only and have no legal effect. Any dispute arising under or in respect of this Member Agreement shall be resolved through binding arbitration in New York, New York, in front of a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Notice Except as provided above with respect to modifications of this Member Agreement, HOMEPLAY may deliver notices to Member by prepaid United States first class mail at the address in HOMEPLAY's database, or via electronic mail at the electronic mail address in HOMEPLAY's database; any such notice shall be deemed effectively given upon delivery. Member may give notice to HOMEPLAY by electronic mail by clicking the Contact link at the bottom of this web page or by prepaid certified mail, return receipt requested at the following address: HOMEPLAY Rewards Program, 550 Madison Avenue, New York, New York 10022, Attn: Legal Department, and any such notice shall be effective upon receipt. Links The provision by HOMEPLAY of a link to any other Website or Internet location is for Member's convenience only and does not signify HOMEPLAY's endorsement of such other site or location or its contents. While HOMEPLAY Rewards endeavors to provide links only to those sites that are reputable and safe, HOMEPLAY Rewards and/or HOMEPLAY shall not be held responsible for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. Any links to other sites are provided merely as a convenience to the users of this Website and any inclusion of such links and frames in this Website does not imply an endorsement of the linked or framed sites or their content. No Resale Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Website, HOMEPLAY Rewards, use of HOMEPLAY Rewards, access to HOMEPLAY Rewards, or any Product(s). HOMEPLAY Rewards is provided for Member's personal, noncommercial use only. Indemnification Member agrees to indemnify and hold harmless HOMEPLAY and its parent, subsidiaries, affiliates and their respective officers, directors, employees, agents, vendors, licensors, suppliers, co-branders, third-party providers or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney's fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the violation by Member (or anyone acting under Member's account or password) of this Member Agreement or the use or misuse of HOMEPLAY Rewards by Member (or anyone acting under Member's account or password), or the violation of any rights of another by Member (or anyone acting under Member's account or password). Use and Storage Member acknowledges that HOMEPLAY may establish general practices and limits concerning use of HOMEPLAY Rewards, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by HOMEPLAY Rewards, the maximum disk space that will be allotted on HOMEPLAY's servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access HOMEPLAY Rewards in a given period of time. Member acknowledges that HOMEPLAY reserves the right to terminate accounts that are inactive for an extended period of time, as determined by HOMEPLAY in our sole discretion. Member further acknowledges that HOMEPLAY reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice. Member agrees that HOMEPLAY has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through HOMEPLAY Rewards. Miscellaneous Failure of HOMEPLAY to insist upon strict performance of any provisions of this Member Agreement shall not be deemed a waiver of its right and remedies. If any provision of this Member Agreement is deemed by a court to be unenforceable, the remainder shall remain in full force and effect. Back to Top