This page states the Terms and Conditions under which you may use this Web Site (hereinafter referred to as the “Web Site” or “Site”.) Please read the following carefully. If you do not accept the terms and conditions stated here, do not use this Web Site and service. By using this Web Site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Cyrk (hereinafter referred to as “Cyrk”) may modify, revise or update these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this Web Site for any reason.

USE OF MATERIAL

The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other material (collectively, the “Material”), are protected under both U.S., Canadian and foreign copyright, trademark and other laws. All Material is the property of Cyrk, its licensors, or its content supplier or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Cyrk and protected by U.S., Canadian and international copyright laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that Cyrk creates to generate its pages. It is also protected by Cyrk’s copyright.

SITE USE.

General Rules. Individuals may use the Web Site only for lawful purposes such as ordering products from the Web Site. Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of any system or network security may result in civil or criminal liability. Cyrk will investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Cyrk specifically prohibits, and all users agree not to use the Web Site, for any other use, including the following:

· Providing any incomplete, false or inaccurate biographical information, which is not your own when registering.

· Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Site.

· Taking any action which imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure.

· If you have a password allowing access to a non-public area of this Web Site, disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.

· Notwithstanding anything to the contrary herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from Cyrk, if any, on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Web Site.


USER FEEDBACK AND COMMENTS

All feedback, comments, suggestions, ideas and other submissions, (collectively referred to as “Submissions”) received by Cyrk by electronic mail or otherwise will be treated as nonconfidential and non-proprietary. Cyrk is free to use any Submissions for any purpose, including but not limited to developing and marketing products using such information. Your transmission of any Submissions to Cyrk shall constitute an assignment from you to Cyrk of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. Cyrk has no obligation to pay any compensation for any Submissions or to respond to any Submissions.

You agree that no Submissions submitted by you to Cyrk will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.

LIMITATION OF LIABILITY AND WARRANTIES

CYRK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. CYRK SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE TO USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.

THE SITE AND CONTENT ARE PROVIDED BY CYRK ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CYRK DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY, IF ANY, OFFERED BY THE MANUFACTURER OF ANY PRODUCTS INCLUDED IN THE SITE.

CYRK DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVER OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. CYRK SHALL NOT BE RESPONSIBLE FOR ANY COSTS RELATING TO THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA ARISING FROM YOUR USE OF THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

CYRK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, EVEN IF CYRK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CYRK’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

CYRK USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION IN THE SITE. CYRK MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. CYRK ASSUMES NO LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold Cyrk, its officers, directors, employees and agents harmless from and against any and all claims, actions, damages, costs and expenses, including attorney’s fees, arising or relating from your breach of this Agreement or your access to, use or misuse of the Site or the Site Materials. Cyrk reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this provision. Furthermore, you agree to cooperate fully in the defense of any such matter.

NO RESALE OR UNAUTHORIZED COMMERCIAL USE

You agree not to resell or assign your rights or obligations under these Terms and Conditions. You also agree not to make any unauthorized commercial use of the Web Site.

TERMINATION

Cyrk reserves the right, at its sole discretion, to pursue all of its legal remedies upon any breach by you of these Terms and Conditions or if Cyrk is unable to verify or authenticate any information you submit to the Web Site registration.

SEVERABILITY

If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

LINKS TO OR FROM OTHER SITES

The Site may contain links to or from other sites on the Internet that are owned and operated by third parties, the availability and content of which we have not reviewed or created and which we do not control. Cyrk is not responsible for the content of any linked third party sites and does not make any representation regarding the content or accuracy of material on such third party sites. Your use of these sites is at your own risk.

USE BY CHILDREN

Children are not eligible to use our services and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with your parents or guardians. To the extent that Cyrk learns that it has received information from children, it will be deleted.

REGISTRATION DATA TRANSMISSION

Cyrk will use all reasonable efforts to safeguard the confidentiality of registration data transmissions, however, transmission made by means of the Internet cannot be made absolutely secure. Cyrk will have no liability for disclosure of registration data due to error in transmission or unauthorized acts of third parties.

CREDIT CARD USE
If you prefer not to send your credit card number through the Internet, you may place your order by calling our customer service department. Please have your order information ready from your online shopping basket.

In the event of unauthorized use of your credit card, applicable law and regulations may limit your liability, and many banks delete the charges that result from the unauthorized use. CYRK, INC. DISCLAIMS ALL RESPONSIBILITY FOR UNAUTHORIZED CREDIT CARD USE.

PRICING

Pricing is in US Dollars. Prices are subject to change without notice. Prices are subject to applicable taxes.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. The actual colors you will see, however, will depend upon your monitor. We therefore cannot guarantee that your monitor’s display of any color will be accurate.

PROMOTIONAL OFFERS

All promotional offers are for a limited time only and may be discontinued by Cyrk at any time. Promotional offers for specific products are good only while supplies last. Discounts do not apply to shipping costs, handling fees or sales taxes. Minimum purchase amounts exclude shipping costs, handling fees and sales taxes. Promotional offers cannot be redeemed for cash, and are void where prohibited by law.

APPLICABLE LAWS

The Site is based in Washington. Cyrk makes no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Web Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

MISCELLANEOUS

This Agreement shall be construed in accordance with the laws of the State of Washington, without regard to any conflict of law provisions. You consent to exclusive jurisdiction and venue of courts in the State of Washington, U.S.A. in all disputes arising out of or in any way relating to the use of the Site.