Terms and Conditions of Use

Terms and Conditions of Use as of December 22, 2015

These Terms and Conditions apply to the use of the website of INTEK S.A. (www.intektoys.com), including access or use from personal computers, mobile devices or other technologies (“Devices”), and other applications or downloads operated by us and available through this Website that is produced and maintained by INTEK S.A. By using this Website, you acknowledge you have read and understood the following Terms and Conditions of Use of the Website.

1) Terms of Use Agreement

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE AND/OR ALLOWING YOUR UNDERAGE CHILD OR MINOR UNDER YOUR CUSTODY AND/OR RESPONSIBILITY TO USE THIS WEBSITE. By using this Website or clicking on the box that indicates that you agree with or accept these Terms and Conditions (T&C), you give your consent to the use of the Website by your underage child and/or minor under your custody, and agree with the terms and conditions provided below. If you do not agree with these documents, you must not use the Website.

IF YOU ARE A PARENT OR CUSTODIAN WHO APPROVES THE REGISTRATION OF YOUR CHILD ON THE WEBSITE, YOU ACCEPT TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS REGARDING THE USE THAT YOUR CHILD MAKES OF THIS WEBSITE.

For the purposes herein, the term “User” means both the minor using the Service and the responsible adult authorizing registration with the Service.

WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY TIME. YOU ARE RESPONSIBLE FOR CHECKING FOR CHANGES from time to time. Your continued use of the Website after we have made changes will mean that YOU ACCEPT THE CHANGES.

2) Ownership

a. Website and Content. All materials featured or shown on the Website including, but not limited to, all texts, graphics, photographs, images, streaming video, sounds and illustrations (“Content”) are owned by us or our licensees or suppliers. All elements of the Website, including, but not limited to, general design and Content, are protected by brand image, copyright, moral rights, trademarks and other intellectual property laws.

All copyright on the information, materials, features and other contents included in the Website is the property of INTEK S.A. or our licensors or licensees. All trade brands, slogans, service marks, trade names and trade images included in the Website are our property and/or the property of our licensors or licensees. We may change the Website/s or erase any contents or features at any time, in any way or by any means, for whatever reason.

Unless you have our express agreement in writing, you may not use, reproduce, transmit, distribute or otherwise use, except as part of the Website, any Website content. The use of our content for any other purpose is a breach of our copyright and other property rights, and is strictly forbidden.

YOU ACKNOWLEDGE AND ACCEPT THAT NONE OF THE PROVISIONS IN THESE TERMS AND CONDITIONS OF USE IS INTENDED TO CAUSE THE TRANSFER OF COPYRIGHT PROPERTY, TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, BRAND IMAGES OR OTHER PROPERTY RIGHTS ON THE WEBSITE OR THE CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTIES, AND DOES NOT AUTHORIZE THE CREATION OF DERIVATIVE WORKS BASED ON THE CONTENT.

You commit not to engage in any act or activity that is incompatible with or could infringe said title of property.

b. Brands. All trademarks, service marks, trade names and logos (the “Brands”) used in this website are owned by our suppliers, licensors or licensees. The use of the Brands without our prior written consent is forbidden.

c. Notices. You may not eliminate the copyright, brand or other property notices appearing on the Website or its contents.

d. Social Content. You may be granted –in a limited way and with permission – the authorization to publish and show social content (the “Social Content”) on a third-party website or application enabling you to post content that is especially made available to you on our website for that purpose. You may publish said Social Content, in accordance with these Terms and Conditions of Use, but may not –under any circumstance whatsoever- use the content for other than social purposes, and you are not allowed to license, distribute, reproduce or use any part of the social content without our express written permission.

3) Restrictions of Use

When visiting our Website you must not: use Content or the Website for any illegal purpose; try to obtain unauthorized access to the systems or networks linked with the information server or any other user; modify or try to modify in any way or alter the Website; use the Website or any of its contents in any way that could breach intellectual property rights or other third-party rights, including registered trademarks, copyright, privacy rights or advertising rights; or interfere with or disrupt the networks linked to the Website or violate the regulations, policies or procedures of said networks.

4) Registration

Certain areas of the Website may require your registration, prompting you to provide certain information to enable you to use features, receive newsletters by e-mail or access certain contents. The decision to provide said information is entirely at your discretion; however, if you choose not to provide said information, it is likely that you will not be able to access such content.

If you register with us, you accept responsibility for all activities performed under your username and password and for maintaining the confidentiality of your password. INTEK S.A. reserves the right to cancel your account or otherwise deny access to the Website at its sole discretion and without any liability.

USER REGISTRATION DATA is subject to confidentiality rules described on the website.

5) Third-Party Links and Content

Third parties may provide links to other websites or Internet resources over which INTEK S.A. does not have any control. The USER acknowledges and agrees that INTEK S.A. will not be responsible for the availability of said websites and external resources, and does not support them and does not have any liability or legal obligation regarding such content, marketing, products or other materials on the websites or resources available from said websites or resources.

You may also have the opportunity to share certain third-party content on our Website in a third-party application, such as Facebook, as set forth in Section 2 (d) above.

You acknowledge and agree that INTEK S.A. will not be liable or legally responsible, directly or indirectly, for any damages or losses arising from use or reliance on any content, goods or services available through any website or resource.

6) Mobile

The Website may offer services that are available to you through your mobile device. These may include, but are not limited to, the ability to upload content to the Web, receive messages from the Web, download applications to your mobile device or Website access features (collectively, the “mobile features”).

Standard messaging, mobile data and other rates will be charged by your mobile carrier. Rates and charges will appear on your mobile invoice or will be deducted from your prepaid balance.

Your mobile carrier may prohibit or restrict certain mobile features, and certain mobile features may not be supported by your mobile provider or mobile device. Please contact your mobile provider if you have questions on these topics.

If you register your mobile device with or for our Website, you undertake to notify INTEK S.A. of any change in your mobile number and to update your account on our Website to reflect the change.

7) User Behavior

The User acknowledges and accepts that all photographs, images, messages and articles (hereinafter, the “Content”) accessible through our website are the sole responsibility of the person that originated said Content.

The User will refrain from using the Service provided to publish or send by e-mail or other means any photographs, images or messages that: 1. are deceitful regarding the true identity of the person or entity or are intended to fake an affiliation with a person or entity; 2. may be harmful to minors; 3. may contain adult material without specifying an album password restricting public access; 4. are illegal, dangerous, threatening, abusive, intimidating, deceitful, defamatory, obscene, pornographic, indecent, offensive, racist, slanderous, invasive of privacy rights, repulsive, discriminatory or otherwise insulting of third parties; 5. violate any patent, brand, trade secret, privacy and intimacy right, copyright or any other intellectual property rights of third parties; 6. stalk or harass a third party or is intended to collect or save personal data about other users; 7. may, through the imitation of headers or any other manipulation of identifiers, divert the origin of any Content conveyed on this Website; 8. are unsolicited or unauthorized, promotional materials, unsolicited mail, junk mail, spam, chain letters, pyramid schemes or any other type of solicitation, 9. violate any local, federal, national or international applicable legislation. If the User fails to comply with any of the abovementioned conditions, INTEK S.A. will be entitled to delete immediately his/her account from the Website. The User acknowledges and agrees that INTEK S.A. does not control or supervise or assume any responsibility regarding the truthfulness, accuracy and contents of data, images, photographs, messages or other materials published by Users on the Website or the use of said data. INTEK S.A.’s service is only limited to providing support for Users to publish their data, images, photographs and messages. INTEK S.A., therefore, does not take part in any use they may have. However, INTEK S.A. has the right, though not the obligation, at its entire discretion, to reject or remove any Content published by the User with or without password which it may consider inappropriate because of a court or administrative requirement or at its sole discretion.

The User acknowledges and agrees that INTEK S.A. may reserve and/or disclose the Content if required to so do by law or if in good faith it believes that said reservation or disclosure is necessary to: 1. Comply with legal procedures; 2. Enforce the Terms and Conditions (T&C); 3. Answer complaints that Content infringes third party rights, or 4. Protect the rights, property or personal safety of INTEK S.A., its users and the public at large.

8) Contests, Raffles, Competitions and Promotions/

If this Website offers any contests or raffles (“Promotions”), they will be governed by the specific rules of the relevant competition and may have eligibility requirements, such as a given age, or geographic area restrictions, and will be subject to the terms and conditions governing said promotion or competition. By taking part in a Promotion, you are subject to the official rules and accept to abide by and comply with the rules and decisions of the sponsor.

9) Prohibition to Resell the Website

The User commits not to reproduce, duplicate, copy, sell, resell or use –for any commercial purpose- any part of our Website www.intektoys.com./

10) Liability and Indemnity

The User acknowledges and agrees that INTEK S.A. is not and will not be liable, in contract or in tort, for any direct or indirect damages deriving from the use of the Website. The User will be fully liable to INTEK S.A. and third parties for any damages whatsoever arising from use of the Website, and the User will indemnify and hold INTEK S.A. and any third parties harmless of any third-party claim or complaint arising from or in connection with the Content submitted, advertised or transmitted by the User through www.intektoys.com, its breach of the Terms and Conditions or its breach of third party rights.

11) Service Changes

INTEK S.A. is entitled to change or discontinue the Service or any part thereof, temporarily or permanently, at any time and from time to time, and INTEK S.A. will not be liable to the User or any third parties for any change, discontinuation or interruption of the Service.

12) Termination

The User agrees that INTEK S.A. may, at its entire discretion, cancel or discontinue without advance notice your account or password (or any part thereof) or your use of the Service, and remove and discard any Content within the Service at any time and for any reason, including, but not limited to, the assumption that INTEK S.A. understands that the User has breached the Terms and Conditions or acted inconsistently with the text or spirit of the Terms and Conditions.

13) INTEK S.A. Property Rights

The User acknowledges and agrees that ww.intektoys.com and any software (hereinafter, the “Software”) required or used for connection to the Website contains confidential and proprietary information that is protected by applicable intellectual property laws and other laws. Additionally, the User accepts and agrees that any content included in advertisements by promoters or information provided through the website or advertisers is protected by copyright, trademark, service mark, patent and other rights and property laws. The User undertakes not to modify, rent, lease, provide, sell, distribute or create any byproducts based on this Website or the Software, in full or in part.

14) Disclaimer

INTEK S.A. does not control or supervise and is not responsible for the quality, security, origin, features and other elements of the products and/or services advertised on our Website, or the transportation and/or delivery of the services acquired through the Service. Likewise, in the event third parties offer products and/or services on www.intektoys.com, the User understands that INTEK S.A. does not control or supervise and is not responsible for the reliability and accuracy of the description made by sellers, or for compliance with the legal requirements to offer and sell products or the capacity and legitimacy of sellers to advertise and sell their goods and services. INTEK S.A. will not be responsible, in contract or in tort, for any direct or indirect damage or loss, arising from or in connection with the acquisition of any product and/or service offered on our Website. The User will be fully liable to INTEK S.A. and to any third parties for any damages whatsoever resulting from misuse of the service offered at the Website www.intektoys.com.ar.

15) Applicable Law

This agreement will be governed by the laws of the Argentine Republic, and the National Lower Courts of Buenos Aires City will be the competent venues for all purposes related to this agreement. Use of the service in any jurisdiction where the Terms and Conditions are not applicable is expressly prohibited.