TERMS AND CONDITION 

LEGAL NOTICE: INFORMATION ABOUT THE OWNER

IMC TOYS SPAIN, S.A. is the owner of the domain kitoons.com; holder of CIF (Tax ID Code) A08667370; with its address at C/Pare Llaurador 172, 08224 Terrassa, Barcelona (hereinafter, “IMC TOYS”); duly recorded in the Companies Registry of Barcelona, Volume 11446, Page B-26941, Folio 201. The CONTACT e-mail address is info.spain@imctoys.com.

We recommend that you CAREFULLY READ this legal text and other policies of our web page (Privacy Policy and Cookies Policy) before using our platform and services.

Any use of this web page means acceptance of all the conditions included in this and other legal documents and means that you agree to submit to Spanish legislation at all times, consequently waiving any other jurisdiction to which you could have a right.

GUARANTEES AND LIABILITIES

IMC TOYS, through its web page, offers generic information about its services and products. Users who access the web page acknowledge and voluntarily and expressly accept the liability for using this web page and undertake to not carry out any act that could violate the law or the conditions set forth in these legal terms. A violation thereof could involve the corresponding legal liabilities that are established. reserves the right to make, at any time and without prior notice, changes and updates related to not only the information contained on the web page but also related to the configuration, the presentation, and the general conditions thereof, as well as the right to eliminate information or temporarily suspend accessibility to the website.The non-existence of interruptions or errors when accessing the web page or the content thereof, and it also cannot be held liable for possible technical problems that might occur during the Internet connection.

b)      And it cannot be held liable for the damages that could be derived from interferences, omissions, or computer viruses due to causes unrelated to the owner of the web page, or for damages caused by third persons through unlawful intrusion or damages to the computer system beyond the control of the owner of the web page.

c)       The application of its Privacy Policy to accesses through the links of third parties to this web page, or through links of this web page to other web pages. All third-party links to this web page must be made to its main or home page, subject to written authorization of the owner, and no modification or limitation or any type of statement about the web page may be made, while likewise complying with all other provisions set forth in these regulations.

b.      In the event that there are links not supervised by IMC TOYS, no liability over those links or the content or the consequences of using them will be assumed. 

INTELLECTUAL PROPERTY

This web page is governed by Spanish law and by national and international legislation on intellectual and industrial property.

All the content included on the web page (texts, audiovisual content, source code, graphic design, signs, logos, brands, databases, computer programs, editing, programming, compilations, and other elements and content that are necessary for the functioning hereof) are the property of the owner.

Any unauthorized use of such content will be considered a violation of intellectual or industrial property rights and may give rise to legal consequences.

Any content that could be contained on the web page and that is not the property of the owner has the authorization of the respective owner for the use and communication thereof, and it is protected by the corresponding intellectual property rights.

The mere browsing on and use of the web page does not, in any event, grant a total or partial license over or assignment of intellectual property rights, and any transfer, production, distribution, public communication, or total or partial transformation of the same without the prior consent of the owners thereof is prohibited.

 

 

PRIVACY

IMC TOYS guarantees the confidentiality of the personal data that you provide to our platform, as well as application of the security measures established by regulations. If you would like information about our Privacy Policy, click here.

 

PURPOSE AND SCOPE OF APPLICATION

The General Conditions for use described below define the rights and obligations in the framework of its web page between IMC TOYS and its users.

Simply browsing on this web page, as well as using the services for viewing our show Kitoons implies the acceptance of each one of the established conditions at all times.

 

INFORMATION PROVIDED ON OUR WEB PAGE

In IMC TOYS, we make considerable efforts for products (the “Bebés Llorones”, “Bubiloons”, “I LOVE VIP PETS”, “Lucky Bob”, “Bloopies” and “F&F” product lines) and services offered (viewing the “Kitoons” show) to be described accurately and precisely. However, the visual information (images) or written information and data included in each product and/or show are merely informative and illustrative. Therefore, IMC TOYS shall not be held liable in any case for the occurrence of errors in said information. We reserve the right to modify these Terms and Conditions. Any new version of same shall be previously indicated. In the event that one of the terms of the Terms and Conditions is declared illegal or not enforceable through a judicial decision, the rest of the provisions shall remain in force.

 

REFERRAL TO THIRD-PARTY PAGES

It is possible that from time to time IMC TOYS will incorporate third-party links on kitoons.com. In any case, IMC TOYS has no control over the content of said sites, and is not, in any case, liable for the truthfulness of said information and of the use that is made of it. IMC TOYS does not exercise any control over said sites and content. Nor shall it be liable for damages caused by the use of said links or by the information therein, even when expressly informed about the possibility of damages. Links to third-party sites do not imply subscription to the content by IMC TOYS. Said links are only provided to inform the User about the existence of other sources of information or of commercial interest. If you find it necessary to remove any link from your site, please contact us by sending an email to a info.spain@imctoys.com.

 

PROCESS OF REGISTERING AND VIEWING AUDIOVISUAL CONTENT

Users view the Kitoons show by means of this web page.  

For membership on the platform and watching shows or adding favorites (videos and products), you must register through the section called “Don’t have an account? Register!”, located on the user login page.

To register on the Kitoons web page, a user must be created. To that end, you must enter you name, last names, email, date of birth, telephone number, password and then repeat your password for confirmation. Once registered, the new user will now be a member of the platform. Only users of legal age may register on kitoons.com.

The content established on kitoons.com can only be viewed by those users who are registered on the platform, subject to parental control.

 

WAIVER AND INVALIDITY

No waiver made by IMC TOYS with respect to a right or specific legal action or the lack of IMC TOYS demanding strict compliance by the User with any of its obligations shall represent a waiver with respect to other rights or actions arising from the contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

 

If any of the Conditions herein provided was declared invalid and ineffective by a final decision issued by the competent authority, the rest of the clauses shall remain in force and shall not be affected by said declaration of invalidity.

 

LIABILITIES

The kitoons.com web page contents are merely informative, such that IMC TOYS may not be held liable for damages arising from improper use of its show viewing services.     

IMC TOYS’ liability shall be limited, in any case, to offer viewing shows on Kitoons. IMC TOYS may not be held liable for consequential damages, exploitation losses or loss of earnings by whatever means.          

Likewise, IMC TOYS also limits its liability with respect to the following cases:

 

§  IMC TOYS applies all measures concerning providing a faithful viewing of the Kitoons show on the Website. However, it is not liable for minimal differences or inaccuracies which may exist due to the lack of resolution of the display screen or issues with the browser used, or other issues of this type.

§  Technical errors which, due to accidental causes or causes of another type, impede the normal operation of the service over the Internet. Lack of Website availability due to maintenance or other reasons which impede making the service available. IMC TOYS provides you with all the means to carry out the show viewing process. However, it shall be held free from liability for causes that cannot be attributed to it, acts of God or force majeure.  

§  In general, IMC TOYS shall not be held liable for any non-compliance or delay in complying with the undertaken obligations, where such situation is due to events that are outside of our reasonable control, that is, they are due to a cause of force majeure, and this may include, by way of illustration, but is not limited to:

§  Strikes, lock-outs or other activist measures.

§  Civil unrest, revolt, invasion, terrorist threat or attack, war (declared or not) or threat of or preparations for war.

§  Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

§  Impossibility to use public or private telecommunication systems.

§  Acts, decrees, legislation, regulations or restrictions of any government or public authority.

 

The obligations shall thereby be suspended during the period in which the force majeure cause continues, and IMC TOYS shall be given an extended time for complying with such obligations for a time period equal to the time period that the force majeure cause lasts. IMC TOYS shall provide employ all reasonable means to find a solution which allows us to comply with our obligations despite the force majeure cause.

APPLICABLE LEGISLATION

In the case of litigation, the user may first address IMC TOYS to arrive at an amicable decision. Failing that, the courts in the user’s place of residence shall be the only courts holding jurisdiction.           
These Terms and Conditions are set out in Spanish and shall be executed and interpreted in accordance with Spanish legislation, where both parties expressly submit to said legislation.