Rent A Toy: Happiness Delivered

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Terms + Conditions | The details.

1. Acceptance of Terms of Use

Welcome to rentAtoy, these Terms of Use ("Terms of Use") govern your use of rentAtoy.com (the "Site") and the rentAtoy toy rental and toy sale services (collectively, the "Services"). Please read these Terms of Use carefully before accessing, viewing or using the Site or subscribing to the Services available from rentAtoy. By accessing, viewing or using the Site or subscribing to the Services, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Site or to subscribe to the Services. rentAtoy may modify the Terms of Use from time to time, in rentAtoy's sole discretion. You are responsible for complying with the most current version of the Terms of Use posted on the Site. Your use of the Site or the Services following any modifications will signify your consent to and acceptance of such revised Terms of Use.

These Terms of Use constitute a binding legal agreement between you and rentAtoy, Inc. ("rentAtoy," "we," "us," and "our").

2. Ability to Enter into Agreement

You confirm that you are competent and able to agree to, abide by and perform the terms of these Terms of Use. By making such affirmations, you represent that you are either older than 18 years of age, an emancipated minor, or possesses legal parental/guardian consent. In any event, you confirm that you are over the age of 13. The Site is only intended for people over 13 years of age. Children under the age of 13 are not authorized to use the Website or subscribe to its Services.

3. The rentAtoy Services

Once you become a registered member of our Site, the Services allow you to access the Site and purchase or rent toys and other products and items (collectively "Toys") from rentAtoy in accordance with these Terms of Use. rentAtoy offers a selection of Membership Plans with varying price points and membership levels (the "Membership Plans"). The currently available Membership Plans and the yearly, semi-yearly, quarterly and corresponding monthly rental rates are outlined in detail on the Site and can be found by clicking the Plans link. Under all Membership Plans, you can choose Toys to rent from our expansive on-line selection, where Toys are categorized by age, ranging from newborn to 12 years of age. Under all Membership Plans, you choose Toys on our Site, and rentAtoy ships the Toys to the address specified by you. After you are done using a Toy, you return it to rentAtoy in a prepaid return box. Provided you continue to pay your Membership fees, you do not pay late fees or shipping charges. There are no required return dates unless your membership is cancelled or terminated. In the event your membership is cancelled or terminated, you must return all your Toys within fifteen (15) business days following any such cancellation or termination or your Payment Card will be charged for unreturned Toys. In addition, you may be charged for lost Toys. You hereby authorize us to charge your Payment Card for any lost or unreturned Toys. Once we receive Toys back from you, we promptly ship you the other Toys from your Virtual Toy Chest. rentAtoy reserves the right to make changes to the Services and operation thereof, as rentAtoy may determine, in rentAtoy's sole discretion.

Once you are a registered member, you can learn more about your individual Membership Plans by clicking on the Member Terms link on the Site. You may access and modify your Membership Plan by clicking the Member Terms link. All plans are subject to the applicable "Membership Terms" in addition to these Terms of Use.

4. Shipping, Delivery, Export Restrictions, Allocation and Returns

rentAtoy sends Toys through USPS, FedEx, and UPS. Delivery time for Toys you have selected may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, (d) the order in which you listed Toys in your Virtual Toy Chest (including making adjustments to the order of the Toys in your Virtual Toy Chest), (e) technical downtime, (f) location of rentAtoy distribution centers, (g) rentAtoy processing procedures, and (h) other circumstances impacting delivery, including USPO or commercial carrier procedures and events outside of rentAtoy's control, including without limitation force majeure events. Accordingly, rentAtoy makes no guarantees as to actual delivery time. On average, you will receive Toys you have ordered within one hundred twenty (120) hours from selection of Toys, subject to these Terms of Use. In the event a Toy you have selected is not available, rentAtoy may substitute the unavailable Toy for your next Toy in que or an available Toy similar to the one selected. The Member will receive an email notification of Toy unavailability in such event. If a substitute Toy is provided, you will be notified via email when the originally requested Toy is available. If you still want the specific Toy that was initially requested, rentAtoy will send such Toy as part of your next delivery. rentAtoy will also determine, in rentAtoy's sole discretion, the quantity of a particular toy it makes available to rent. rentAtoy reserves the right to process orders and allocate Toys among its members as rentAtoy determines in its sole discretion. Generally, rentAtoy processes Toy orders and returns in 48 hours or two business days.

rentAtoy ships to continental U.S. locations only - Alaska, Hawaii, FPO/APO shipping not available at this time. Please contact us via email at info@rentatoy.com or call 866.955.9356 for questions concerning shipping. First shipments require 15-20 days for processing at this time. The sale, transfer, transportation or shipment outside of the U.S. of any product prohibited or restricted for export without the proper export licensing or other compliance with U.S. export control laws and regulations is strictly prohibited and may constitute a federal crime. rentAtoy will not engage in any transaction that will require the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products. If the member intends to export or re-export a purchased item after receipt from rentAtoy, it is the member's responsibility to request and obtain all necessary licenses for the use and/or export of the subject items, and to ensure that the requirements of all applicable laws, regulations and administrative policies are met.

With your Membership Plan, you may purchase fresh Toys at below retail prices. Any purchase of Toys will be subject to rentAtoy's then current standard terms and condition of sale, which terms can be found by clicking the Plans link. All purchases through the Site are final and non-refundable. You hereby authorize us to charge your Payment Card for such purchases.

The risk of loss for Toys shipped by rentAtoy to you passes to you upon our delivery of the Toy(s) to the carrier. We will send you an email letting you know when your Toy is shipped.

In the event that your return box is lost or damaged, you can return your rentAtoy products in any box, just drop it off at the appropriate delivery service provider and await your next delivery. If your return label has been lost or damaged, rentAtoy will provide a new return label via U.S. mail or commercial carrier. You will be required to contact rentAtoy customer support to receive a replacement return label. memberservices@rentatoy.com

In the event that a Toy is broken or otherwise damaged upon receipt by you, you must contact rentAtoy within seventy-two (72) hours of receiving the delivery. If rentAtoy is not notified of the damage within such seventy-two (72) hour period and you return the damaged Toy thereafter, you shall be deemed to have purchased the Toy and your credit card will be charged as provided on this Site.

5. Virtual Toy Chest

Toys you select will be placed in your Virtual Toy Chest. You may add to or rearrange toys in your Virtual Toy Chest by clicking the Virtual Toy Box link. We will attempt to ship Toys in the order you request; however, due to availability, we may send Toys that are not your first priority. Availability is based on, without limitation, the factors set forth in these Terms of Use and in other membership links on this Site.

6. Sanitization of Toys and items

We test the Toys offered to you under our Member Plans using equipment that tests for harmful organisms and lead before being put back in our inventory or shipped to your home. Our detailed sanitization and safety process and procedure for such testing can be found on Site under the Safety Tab.

7. Becoming a Member and Obtaining an Account

Before you can begin use of the Services, you must register as a member through the Site, select a Member Plan and obtain an account. By registering as a member through the Site, you give us permission to obtain personal information from consumer credit-reporting agencies and at any time during your membership. You must be 18 years of age or older to register as a member and use the Services. Your membership will automatically renew for successive monthly membership periods, unless you cancel your membership or your membership is otherwise terminated under these Terms of Use. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your password and account and for restricting access to your computer or mobile device, and you agree to notify rentAtoy if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to this Site known to you. rentAtoy reserves the right to place your account on hold in the event you or rentAtoy suspects misuse or fraud. We are not obligated to credit your Account or make adjustments in such cases. In order to provide you with ease of access to your account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the account holder and allow you to more easily access your account.

8. Member Responsibilities

MEMBERS WILL ADHERE TO THE FOLLOWING TOY CARE POLICIES:

  • TOYS ARE NOT FOR WATER USE.
  • UNLESS A TOY OR ITEM IS FOR HIGH CHAIR USE. DO NOT HANDLE THE TOYS WITH FOOD.
  • UNLESS TOY OR SPECIAL ITEM IS SPECIFICALLY DESIGNED FOR USE IN MUD, SAND OR DIRT, DO NOT USE TOYS IN SUCH MANNER.
  • WIPE DOWN ANY TOYS OR ITEMS WITH VISIBLE DEBRIS BEFORE SHIPPING PRODUCTS BACK TO rentAtoy.

IF YOU RETURN A PRODUCT IN A DAMAGED OR DIRTY CONDITION THAT EXCEEDS NORMAL WEAR AND TEAR, AS DETERMINED BY rentAtoy IN ITS SOLE DISCRETION, YOU AGREE THAT rentAtoy MAY CHARGE YOUR PAYMENT CARD AND COLLECT A REPLACEMENT FEE FOR SUCH TOY (EXCEPT TO THE EXTENT THE LOSS IS COVERED BY INSURANCE YOU MAY HAVE PURCHASED FROM RENTATOY TO COVER DAMAGE TO THE PRODUCT). THE PRODUCT REPLACEMENT FEE VARIES DEPENDING ON THE SPECIFICS OF EACH TOY OR ITEM.

9. Gift Memberships

We offer various Gift Cards that can be applied toward any rentAtoy Membership Plan. In purchasing a rentAtoy Gift Card, you authorize us to charge your credit card in accordance with the applicable billing procedures in these Terms of Use. Gift Cards are subject to the additional terms and conditions set forth on the "Gift Memberships" page of the Site.

10. Billing

We accept Visa, MasterCard, American Express, and Discover cards

When you join as a member you will be required to provide rentAtoy with accurate, complete and current credit card information for a valid credit card that you are authorized to use (the "Payment Card"). By signing up for the Service, you expressly authorize rentAtoy or its agent to bill your Payment Card the applicable Membership fees, purchases, any and all applicable taxes and any other charges you may incur in connection with your use of the Service. To change your Payment Card, go to "My Account" and follow the applicable instructions. The applicable membership fees will be charged to your Payment Card on the date your membership is created and each month thereafter, on the calendar day corresponding to the commencement of your Membership. If your Membership begins on the 29th, 30th or 31st of any month, rentAtoy will charge your Payment Card on the 28th day of each subsequent month. Other fees will be charged to your Payment Card as you incur them.

If rentAtoy does not receive payment from your Payment Card provider or if your Payment Card expires or is rejected, you agree to pay all amounts due upon demand. rentAtoy reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies. rentAtoy reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

We reserve the right to determine whether your Payment Card is pre-authorized to accept a minimum charge equal to your membership fee, purchase or both.

You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within ninety (90) days after they first appear on your account statement. If you do not bring them to our attention within ninety (90) days, you agree that you waive your right to dispute such problems or discrepancies. You agree that the amount billed each month may vary based upon modifications to your account, promotions, charges for lost toys or charges for Toys not returned within the time period specified below.

We may modify the price, content, or nature of the Service at any time. If we modify any of the foregoing terms, you may cancel your membership. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing charges on the Site.

11. Refund and Cancellation Policy

You may cancel your Membership at any time by contacting customer service by email at memberservices@rentatoy.com or logging in to your My Account manager and requesting cancellation. Your Membership will automatically stop upon completion of your then current Membership Plan. You must return all Toys in your possession as of the cancellation or termination date within fifteen (15) business days of the effective date of any termination or cancellation to avoid additional charges. If you do not return Toys in your possession by the required date, you authorize us to charge your Payment Card for such amounts due. Upon receipt of your cancellation request, we will terminate your account at the end of the current Membership Plan period, provided again that you have returned all outstanding products and paid for any unreturned or damaged products. If you paid discounted monthly membership or other fees based upon your commitment to a Membership Plan of a particular length or other specific terms, in the event you cancel your Membership early or fail to fulfill agreed upon terms, your credit card will be charged for the full, non-discounted fees and charges for the entire period you were a member. WE DO NOT OFFER REFUNDS OR CREDITS FOR ANY MONTHLY MEMBERSHIP PERIOD. You will be given fifteen (15) business days from the effective date of cancellation or termination date to return all outstanding rented Toys or satisfy any payments for any unreturned or damaged Toys. Failure to return such Toys will result in charges to your credit card for continued monthly membership and other charges until all borrowed Toys have been returned.

12. Privacy

This Site is governed by rentAtoy's Privacy Policy at http://www.rentatoy.com/privacy-policy.html ("The Privacy Policy"), as may be amended by rentAtoy from time to time. The Privacy Policy sets forth the terms and conditions regarding rentAtoy's treatment of your personal information. The Privacy Policy is hereby incorporated by reference into these Terms of Use.

You agree to abide by the then-current terms of rentAtoy's Privacy Policy. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing" message designed or intended to obtain password, account, or private information from any other member. Use of the Site, Services or participation in a Membership Plan or providing Submissions to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Mail list, Listserv, any form of auto-responder, or "spam" on the Site or through use of the Services, or any processes that run or are activated while you are not logged in. Further, you shall not run any automated calling robot or system or otherwise misuse the Services to violate any third party rights, e.g. SMS spoofing.

13. Submissions

The Site may allow you and other third parties to post reviews or comments concerning the Services or the Toys we distribute (the "Submissions"). "Submissions" may include without limitation comments, information, ideas, concepts, reviews. You agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that rentAtoy is free to use a Submission for the purpose of providing you with the associated Services and you grant rentAtoy a sublicensable, perpetual, nonexclusive, worldwide, sublicensable (through multiple tiers), royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS. However, rentAtoy agrees to use all of your Submissions in accordance with rentAtoy's Privacy Policy applicable to personally identifiable information.

You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses with respect to Submissions to rentAtoy set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When submitting Submissions to or otherwise using this Site and/or the services, you agree to the use restrictions set forth in these Terms of Use.

Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

14. Conduct

By using the Site and the Services, you agree to act in accordance with all applicable laws, rules and regulations, these Terms of Use and other requirements set forth on the Site, including without limitation, the rules regarding age appropriateness of the Toys.

15. Use and Use Restrictions

Unless otherwise specified, the content on the Site is for your personal and non-commercial use; and rentAtoy grants you a limited, personal, non-exclusive and non-transferable license to access, view, use and to display the Site solely for such purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, reverse engineer, alter, enhance or in any way exploit or use the Site or the Services in any manner not expressly authorized by rentAtoy in these Terms of Use, or any information contained on, or obtained from, the Site without the express written consent of rentAtoy. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. The Site and content therein are owned by rentAtoy or its licensors, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information, and other restrictions in connection with the Site, Services, including without limitation any content therein. Unless otherwise specified in these Terms of Use, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of rentAtoy, Copyright © 2008 rentAtoy, Inc.

Member shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Services therein.

You will not use the Site or Service to: (a) upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments with malicious intent, etc. that in any way refer to persons under 18 years of age; (l) collect or store personal data about other users, (m) alter the Submissions of others posted on the Site, (n) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or (o) discuss or incite illegal activity.

This list of prohibitions provides examples and is not complete or exclusive. rentAtoy reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that rentAtoy determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. rentAtoy may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at rentAtoy's discretion, rentAtoy will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

These prohibitions do not require rentAtoy to monitor, police or remove any Submissions or other information submitted by you or any other user.

16. Third Party Content

On the Site, you may be exposed to content from a variety of sources, including the Submissions of other members. rentAtoy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against rentAtoy in connection therewith. Your sole and exclusive remedy in connection with exposure to third party material shall be to cancel your Membership to the Services.

17. Disclaimers of Warranties

rentAtoy has no special relationship with or fiduciary duty to you. You acknowledge that rentAtoy has no control over, and no duty to take any action regarding: which users gain access to the Site or what Toys you rent or purchase. The Site may contain, or direct you to sites containing, or you may receive advertisements or content containing information that some people may find offensive or inappropriate. rentAtoy makes no representations concerning the Site, the Services (including without limitation gift cards), any advertisers, advertisements, or Toys contained in or accessed through the Site, and rentAtoy will not be responsible or liable for the accuracy, suitability, reliability, performance, transmission, copyright compliance, legality or decency of the Toys or any material contained in or accessed through the Site, including without limitation the suitability, safety or appropriateness of a Toy for a user or any failures, delays, or interruptions in the shipment of Toys. rentAtoy reserves the right to refuse to ship Toys in its sole discretion. In addition, rentAtoy does not represent or warrant that the information on or accessible via the Site or through the Services is complete or current. ALL USE OF THE SITE AND SERVICES, INCLUDING WITHOUT LIMITATION THE TOYS, MEMBERSHIPS, ADVERTISEMENTS AND ANY SOFTWARE IN CONNECTION THEREWITH SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS"/"AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RENTATOY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS OR MISTAKES, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, SERVICES OR TOYS, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN CONNECTION WITH THE SITE, SERVICES, PRODUCTS OR IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES, RENTAL OR SALE OF THE TOYS OR OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. LIMITATION ON LIABILITY

RENTATOY AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE UNDER ANY AGREEMENT, THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS (INCLUDING GIFT CARD TERMS AND CONDITIONS), NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. RENTATOY'S AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, GIFT CARDS, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID TO RENTATOY BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY RENTATOY TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

19. Indemnity

You agree to defend, indemnify and hold harmless rentAtoy and its affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from, related to or in connection with : (i) your use of and access to the Site, the Services, (ii) your rental or purchase of any Products, (iii) your violation of any term of these Terms of Use; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) your misuse of your password or user ID.

20. Termination

You agree that we, in our sole discretion, may terminate your password, account, or use of the Services or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and Submissions made from your account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site. The provisions regarding proprietary rights ownership, disclaimers of warranties, limitations of liability, indemnity, release and general provisions shall survive any termination of these Terms.

21. Links and Advertising

We may provide, or third parties may provide, links to other websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. RentAtoy is not responsible for the content on the internet or web pages that are contained outside the Site.

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

22. Release

You hereby release and agree to hold rentAtoy, its affiliates, officers, agents and employees and their respective successors and assigns harmless from and against any and all past, present and future claims, actions, demands, liability, rights, damages or losses, that you and your respective heirs had, may have now or may have in the future in connection with the Site, the Toys, and/or the use of the Services by you, including without limitation, any actions for copyright infringement, product liability, negligence or any violations of rights of publicity or privacy. You waive any right that you or your respective heirs may have to inspect or approve of any of your use of the Services or the Site.

23. Service Tests

rentAtoy tests aspects of its Service from time to time. rentAtoy reserves the right to include you in such tests without notice.

24. Digital Millennium Copyright Act

  • rentAtoy does not permit copyright infringing activities and infringement of intellectual property rights on its Site.
  • If a person is a copyright owner or an agent thereof and believes that any content posted on the Site infringes upon another's copyrights, such person may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing rentAtoy's Copyright Contact with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact the reporting person, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that the reporting person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • rentAtoy's designated copyright contact ("Copyright Contact") to receive notifications of claimed infringement is: rentAtoy Legal, attn: info@rentatoy.com fax: 858-566-6233. Please be advised that DMCA notices should go to the Copyright Contact; any other feedback, comments, requests for technical support, and other communications should be directed to rentAtoy customer service through www.rentatoy.com. The complaining person acknowledges that in the event he/she fails to comply with all of the requirements of this Section, such person's DMCA notice may not be valid.
  • If the person to who is allegedly infringing a copyright (as reported by the complaining person above) believes that content that was removed (or to which access was disabled) is not infringing, or that such person has authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, the person responding to the complaint may send a counter-notice containing the following information to the Copyright Contact:
    • The responding person's physical or electronic signature;
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    • A statement that the responding person has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    • Such responding person's name, address, telephone number, and e-mail address, a statement that such responding person consents to the jurisdiction of the federal court in _________, ________, and a statement that he/she will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Contact, rentAtoy may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, rentAtoy's sole discretion.

25. Taxes

All applicable local, city, and state taxes are your responsibility. You agree to pay any applicable taxes of any jurisdiction.

26. Notices; Electronic Correspondence

By using the Site or the Service, you consent to receiving electronic communications from rentAtoy. These communications will include notices about your account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

27. Assignment

rentAtoy may assign these Terms of Use without Members' prior written consent. Member may not assign these Terms of Use.

28. General

You agree that the Site shall be deemed solely based in California shall be deemed a passive Site, such that jurisdiction over rentAtoy may only be claimed in California. These Terms of Use shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and rentAtoy in any way connected to the Site shall be decided exclusively by a court of competent jurisdiction located in San Diego, California. These Terms of Use, together with any other legal notices published by rentAtoy comprise the entire agreement between you and rentAtoy regarding the Site and the Services. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. rentAtoy is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. Except as expressly provided otherwise herein, no waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and rentAtoy's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. RENTATOY AND MEMBER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.