- Bill Nye The Science Guy
Toys are the "hardware" children need to discover who they want to become through play. Our mission is to help by focusing on one step in that process: we connect toymakers to retailers.
Fitzroy Toys is an online B2B wholesale marketplace built to connect the toy industry.
If you're a toymaker –
Fitzroy works to give you broader distribution at a lower cost. Increase reach while saving time and money by managing all of your retailer relationships in one place.
If you're a retailer –
Discover new products on your own schedule. Fitzroy Toys is available 24/7, making ordering and reordering simple and cost effective.
We realize that wholesale is based on trusted relationships, as a result participation is currently invite only. If you know one of the toymakers or retailers already working with Fitzroy, they can recommend you into our network. You can also reach out to us by email and let us know a little bit more about you or sign up for our waitlist.
Fitzroy is free to join for both toymakers and retailers. We charge a transaction fee to the toymaker with every purchase.
We have an easy two-step online check out process and order processing is instant. Our Customer Experience team of real, friendly humans will always follow up with you. Don't want to go through online checkout? Email us and we'll process your order for you.
555 West 5th Street
Los Angeles, CA 90013
25 Reindeer Lane
The North Pole, 99705
Information Collected or Received
Fitzroy will not disclose your name, email address or other personal information to third parties without your explicit consent, except as specified in this policy.As a Fitzroy member you are required to provide a valid email address at registration.Depending on which services you choose to use, Fitzroy may require additional information, such as but not limited to a name, billing and payment information (including billing address, telephone number, credit card information), a telephone number, and/or a physical postal address. Credit card information on an account may be stored and used for both billing and payment purposes. Fitzroy may contact individual users to confidentially request more information about their brands, items, or stores listed on the Site, to ensure compliance with our rules. Certain products or services on Fitzroy may require you to complete an application; any information you submit through the application processes will not be displayed publicly and will only be used internally by Fitzroy, unless otherwise specified.You may optionally choose to provide additional personal information to be publicly displayed in connection with your account and activity. Some personal information is publicly displayed and connected to your Fitzroy activity.
Fitzroy automatically receives and records some information from your browser or your mobile device when you visit the Site or use services, such as your IP address or unique device identifier, cookies and data about which pages you visit on the Site. This information helps us analyze and understand how the Site works for members and visitors, and provide a more personalized experience for members and visitors.
Fitzroy may receive or collect information (for example: an email address) about a person who is not yet a registered Fitzroy member (a "non-member") in connection with certain Fitzroy features, including but not limited to: a non-member subscribing to a Fitzroy newsletter, a member inviting a non-member to visit the Site, a non-member engaging in a transaction, or a member sending a gift card code to a non-member. Non-member information is used only for the purpose it was originally submitted to Fitzroy. A non-member can contact Fitzroy Support if they do not want Fitzroy to retain their information.Fitzroy uses the information described in this policy to provide and improve our services and products, for billing and payments, for identification and authentication, for targeted online marketing, to contact members or interested parties, and for general research and aggregate reporting.Fitzroy's Terms of Service require all account owners to be at least 18 years of age (or have the permission and supervision of a responsible parent or legal guardian), therefore, this policy does not discuss use of our Site or services by minors.
Choice & Control
We know members of our community value having control over their own information, and therefore Fitzroy gives you the choice of providing, editing or removing certain information, as well as choice over how we contact you.
You may change or correct your Fitzroy account information on the Site. You may also remove certain optional information on the Site that you no longer wish to be publicly visible.For various reasons, Fitzroy may contact you about our services or your activity. Some of these messages are required, service-related messages for members. Other messages are not required, and you can control which optional messages you choose to receive.
If you no longer wish to use Fitzroy's services or receive service-related messages, then you may close your account.
Messages from Fitzroy
On occasion, Fitzroy will contact you. Primarily, messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. In some situations, Fitzroy may contact you by telephone, SMS message, physical mail or in person in order to provide you with customer support or to provide you with information about products and features you might find of interest.
Some messages from Fitzroy are service-related and required for members. Examples of service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with Fitzroy's support team. These messages are not promotional in nature. You may not opt-out of receiving service-related messages from Fitzroy, unless you close your account.
ts a member, Fitzroy may also send you messages related to certain features or your activity on the Site. Fitzroy may also send you news or updates about changes to our Site or services. By default, members will receive these messages via email but Fitzroy may send these messages through another medium.Fitzroy offers optional email newsletters. When you register for an account, or choose to subscribe, you will receive newsletters from us. Newsletters are available to both members and non-members. Members may subscribe or unsubscribe from optional newsletters by following the instructions contained in the newsletter emails. Non-members may subscribe by providing an email address. Non-members may unsubscribe from newsletters by following the instructions contained in the newsletter emails.
Fitzroy is both a marketplace and a community. We offer several features that allow members to connect and communicate in public and semi-public spaces as well as one-on-one. Please use common sense and good judgment when posting in these community spaces or sharing your personal information with others on Fitzroy. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages. Fitzroy generally does not remove content from community spaces, and your posts may remain public after your account is closed. You are responsible for the personal information you choose to post in community spaces or to other members on Fitzroy.
Information Sharing & Disclosure
We want to respect your privacy. Fitzroy will not disclose your name, email address or other personal information to third parties without your explicit consent, except as specified in this policy. Fitzroy limits access to your personal information to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
As part of the buying and selling process, Fitzroy will facilitate the sharing of information between the two members involved in the transaction. As part of the buying or selling process, you may obtain another Fitzroy member's email address, shipping address, payment information, and/or other information. As described in Fitzroy's Terms of Service, you have a limited license to use this information only for Fitzroy-related communications or for Fitzroy-facilitated transactions. Fitzroy has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any Fitzroy member to your email or physical mailing list or store or misuse any payment information.
Fitzroy may release your personal information to a third-party in order to protect, establish, or exercise our legal rights or defend against legal claims; comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of Fitzroy's Terms of Service. We may disclose personally identifiable information to parties in compliance with our Copyright and Intellectual Property Policy, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, Fitzroy may disclose a name, address, country, phone number, email address and company name.
Fitzroy is affiliated with a variety of businesses and works closely with them. These businesses may offer promotions or sell items or services to you through Fitzroy's services. Fitzroy may also provide services or sell products jointly with affiliated businesses. Due to the nature of our business model, when an affiliated business is associated with your transaction, we may share information that is related to such transaction with that affiliated business. Fitzroy may share aggregated demographic information with business partners.
We can only speak for ourselves; this policy does not apply to the practices of third parties that Fitzroy does not own or control, or individuals that Fitzroy does not employ or manage. If you provide your information to others on Fitzroy or throughout the Internet, different rules may apply to the use or disclosure of the information you provide to them. Fitzroy does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Fitzroy is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Site. We encourage you to ask questions before you disclose your personal information to others.
The security of your personal information is important to us. Your Fitzroy account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.
Fitzroy encrypts sensitive information (such as credit card number) using secure socket layer technology (SSL). Fitzroy follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Fitzroy receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Fitzroy will retain your information only for as long as is necessary or your account is active or as needed to provide you services. If you no longer want Fitzroy to use your information to provide you services, you may close your account. Fitzroy will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. You may inform us of any changes or requests in regards to your personal data, and in accordance with our obligations under local data protection law, we may update or delete your personal data accordingly.
If you have questions about personal information or suggestions you can contact Fitzroy's Support team by sending an email to email@example.com.
Current policy published: November 15, 2014
By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please contact firstname.lastname@example.org.
1. Fitzroy is a Venue
Fitzroy acts as a venue to allow users who comply with Fitzroy's policies to offer, sell and buy certain goods within a fixed-price format. Fitzroy is not directly involved in the transaction between buyers and sellers. As a result, Fitzroy has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Fitzroy does not pre-screen users (except for services that require an application) or the content or information provided by users. Fitzroy cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Fitzroy does not transfer legal ownership of items from the seller to the buyer.
Fitzroy cannot guarantee the true identity, age, and nationality of a user. Fitzroy encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Fitzroy is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Fitzroy. You use the Fitzroy service at your own risk.
2. Membership Eligibility
Age: Fitzroy's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Fitzroy may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Fitzroy's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Fitzroy's policies as stated in the Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Fitzroy, each of which is incorporated herein by reference and each of which may be updated by Fitzroy from time to time without notice to you:
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Fitzroy of any unauthorized use of your password or any breach of security. You also agree that Fitzroy cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Fitzroy without Fitzroy's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Fitzroy you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Fitzroy account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Fitzroy's services are not available to temporarily or indefinitely suspended Fitzroy members. Fitzroy reserves the right, in Fitzroy's sole discretion, to cancel unconfirmed or inactive accounts. Fitzroy reserves the right to refuse service to anyone, for any reason, at any time.
Buyer Policies: You guarantee that you represent a retail business and have the authority to enter into agreements on behalf of that business. When issued an invoice for an order, you agree to make payment in accordance with the seller’s policies. Non-payment or late payment may result in the suspension or termination of your account and subject you to other collection mechanisms. You agree to allow sellers and Fitzroy to contact you via phone or email regarding orders you place. Not responding to inquiries from Fitzroy within seven (7) calendar days may result in the suspension or termination of your account.
Seller Policies: You agree not to use Fitzroy’s features or tools to direct transactions off Fitzroy, or to circumvent or manipulate our fee structure, the billing process, or fees owed to Fitzroy in any way. All purchase orders initiated through Fitzroy must remain on Fitzroy. You agree to allow buyers and Fitzroy to contact you via phone or email regarding orders you receive. Not responding to inquiries from Fitzroy within seven (7) calendar days may result in the suspension or termination of your account. You are solely responsible for collecting and remitting any and all taxes applicable to any sales you make on Fitzroy and for requesting and inspecting any documents required for taxes or tax exemptions from Buyers.
3. Fees and Billing
Joining and setting up a shop on Fitzroy is free. Fitzroy charges a percentage of the sale price to the seller when the item sells. Transaction fees will be added to your Fitzroy bill. Fitzroy may choose to temporarily change the fees for Fitzroy's services for promotional events; such changes are effective when Fitzroy posts the temporary promotional event on the Site or communicates it over email. Fitzroy may, at Fitzroy's sole discretion, change some or all of Fitzroy's services and fees at any time. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, Fitzroy may issue a credit for the applicable fees to a seller's billing statement.
You are responsible for paying all fees and applicable taxes associated with using Fitzroy.
Fees and Termination: If Fitzroy terminates a listing or your account, if you close your account, or if the payment of your Fitzroy fees cannot be completed for any reason, you remain obligated to pay Fitzroy for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Fitzroy.
Payment Processing: Payment processing services for users on Fitzroy are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a user on Fitzroy, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Fitzroy enabling payment processing services through Stripe, you agree to provide Fitzroy accurate and complete information about you and your business, and you authorize Fitzroy to share it and transaction information related to your use of the payment processing services provided by Stripe.
4. Listing and Selling
Listing Description: All listings on Fitzroy must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Fitzroy's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Fitzroy shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
Toymaker Policies: All sellers are required to outline policies for their Fitzroy shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Fitzroy's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Fitzroy reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the cost of freight based on the policies they have created. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Fitzroy transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Fitzroy and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Fitzroy.
Restricted Activities: Your Content and your use of Fitzroy shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement or any Site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Fitzroy staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Interfere with a seller’s business or shop
Take any action that may undermine online reviews or feedback
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing or directly part of a profile
Modify, adapt or hack Fitzroy or modify another website so as to falsely imply that it is associated with Fitzroy;
Appear to create liability for Fitzroy or cause Fitzroy to lose (in whole or in part) the services of Fitzroy's ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on or distributed by Fitzroy.
Furthermore, you may not list any item on Fitzroy (or consummate any transaction that was initiated using Fitzroy's service) that, by paying to Fitzroy the listing fee or the final value fee, could cause Fitzroy to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.
Re-Posting Content: By posting Content on Fitzroy, it is possible for an outside website or a third party to re-post that Content. You agree to hold Fitzroy harmless for any dispute concerning this use. If you choose to display your own Fitzroy -hosted image on another website, the image must provide a link back to its listing page on Fitzroy.
Idea Submissions: Fitzroy considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Fitzroy shall not be liable for the disclosure or use of such Material. If, at Fitzroy 's request, any member sends Material to improve the site (for example to customer support), Fitzroy will also consider that Material to be non-confidential and non-proprietary and Fitzroy will not be liable for use or disclosure of the Material. Any communication by you to Fitzroy is subject to this Agreement. You hereby grant and agree to grant Fitzroy, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Fitzroy does not control the Content provided by users that is made available on Fitzroy. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Fitzroy, you agree to accept such risks and that Fitzroy (and Fitzroy 's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Fitzroy. Please use caution, common sense, and practice safe buying and selling when using Fitzroy.
Other Resources: Fitzroy is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Fitzroy does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Fitzroy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Fitzroy's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Fitzroy is not involved with user generated groups, the groups' requirements, or the Meetings.
Fitzroy does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Fitzroy does not in any way screen or background check its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on Fitzroy may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. FITZROY IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO FITZROY; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY FITZROY, AND FITZROY HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT FITZROY IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, FITZROY USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
Disputes with Fitzroy: In the event a dispute arises between you and Fitzroy, please contact Fitzroy. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in California. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Fitzroy agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within three months after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Fitzroy encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Fitzroy, they may choose to participate in Fitzroy’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Fitzroy. Fitzroy provides its dispute resolution process for the benefit of users. Fitzroy does so in Fitzroy 's sole discretion, and Fitzroy has no obligation to resolve disputes between users or between users and outside parties. To the extent that Fitzroy attempts to resolve a dispute, Fitzroy will do so in good faith based solely on Fitzroy 's policies. Fitzroy will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Fitzroy (and Fitzroy 's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
10. Fitzroy's Intellectual Property
FITZROY TOYS, and other Fitzroy graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Fitzroy Toys, Inc. in the U.S. and/or other countries. Fitzroy 's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
Fitzroy may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Fitzroy is updated on a real-time basis and is proprietary or is licensed to Fitzroy by Fitzroy 's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Fitzroy for any purpose whatsoever without Fitzroy's prior express written permission. Additionally, you agree that you will not:
Take any action that imposes, or may impose, in Fitzroy 's sole discretion, an unreasonable or disproportionately large load on Fitzroy 's infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) without the prior express written permission of Fitzroy and the appropriate third party, as applicable
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Bypass Fitzroy's robot exclusion headers or other measures Fitzroy may use to prevent or restrict access to Fitzroy
Without limiting any other remedies, Fitzroy may, without notice, and without refunding any fees, delay or immediately remove Content, warn Fitzroy 's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Fitzroy suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; Fitzroy is unable to verify or authenticate any of your personal information or Content; or Fitzroy believes that a user is acting inconsistently with the letter or spirit of Fitzroy 's policies, has engaged in improper or fraudulent activity in connection with Fitzroy or the actions may cause legal liability or financial loss to Fitzroy's users or to Fitzroy.
Fitzroy reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Fitzroy.
14. No Warranty
FITZROY, FITZROY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND FITZROY'S SUPPLIERS PROVIDE FITZROY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FITZROY, FITZROY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND FITZROY 'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FITZROY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL FITZROY, AND (AS APPLICABLE) FITZROY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR FITZROY'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, FITZROY 'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
FITZROY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF FITZROY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO FITZROY IN THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD FITZROY AND (AS APPLICABLE) FITZROY‘S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
Fitzroy does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Fitzroy's control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Fitzroy service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on Fitzroy's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and Fitzroy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Fitzroy Service
Fitzroy reserves the right to modify or terminate the Fitzroy service for any reason, without notice, at any time. Fitzroy reserves the right to alter these Terms of Service or other Site policies at any time, so please review the policies frequently. If Fitzroy makes a material change Fitzroy will notify you here, by email, by means of a notice on our home page, or other places Fitzroy deems appropriate. What constitutes a "material change" will be determined at Fitzroy's sole discretion, in good faith, and using common sense and reasonable judgment.
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Billing), 6 (Content), 7 (Information Control), 8 (Meetings), 9 (Resolution of Disputes and Release), 10 (Fitzroy's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guarantee), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Fitzroy Toys, Inc.; Attn: Stefanie Botelho; 555 West 5th Street; Los Angeles, CA 90013 (in the case of Fitzroy) or, in your case, to the email address you provide to Fitzroy (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Fitzroy may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Fitzroy. In such case, notice shall be deemed given three days after the date of mailing. Fitzroy may also give notice in person.
The services hereunder are offered by Fitzroy Toys Inc., located in Los Angeles, CA.
EffectiveDate: August 1, 2015