This Site is offered and available to users who are eighteen (18) years of age or older. By using this Site, you represent and warrant that you meet the foregoing eligibility requirement or that you do so with the consent of your parent or legal guardian. Otherwise, you must not access or use the Site.
The information contained in this Site is subject to change without notice.
We may update the content on this Site from time to time, but its content is not necessarily complete, up-to-date, or error-free (including content related to product or service availability, specifications, features, or prices). In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders, and correct errors or omissions, including after an order has been placed. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
You agree that when you use Site to receive services provided by Bearbrick, Bearbrick or any of Bearbrick’s third-party partners is permitted to send any commercial or non-commercial information to the contact details you have provided in a manner consistent with applicable law.
We reserve the right to do any of the following, at any time and in our sole discretion, without notice: (i) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (iii) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (iv) to restrict access to some parts of the Site, or the entire Site. We will not be liable if for any reason all or any part of the Site are unavailable at any time or for any period in accordance with our own business needs.
Intellectual Property Rights
All intellectual property rights in and to the Site and its entire contents, features, and functionality (including but not limited to all information, software, text, graphics, trademarks, logos, displays, images, artwork, computer code, video, and audio (collectively, “Content”), and the design, structure, selection, arrangement, and expression of such Content) are owned by Bearbrick, its licensors, or other providers of such material and are protected by Hong Kong and international copyright, trademark, patent, trade secret, trade dress, and other intellectual property rights and unfair competition laws.
Bearbrick’s name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of Bearbrick or its affiliates or licensors. You must not use such marks without the prior written permission of Bearbrick. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- to impersonate or attempt to impersonate Bearbrick, a Bearbrick employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Bearbrick or users of the Site, or expose them to liability;
- in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site;
- to attempt to obtain or harvest any information or data through any means not purposely made available through the Site;
- to infringe our intellectual property rights or the rights of anyone else, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bearbrick or others.
In addition to the foregoing restrictions on your use of the Site, you also agree not to:
- use any device, software, or routine that interferes with the proper working of the Site, any transaction being conducted on the Site, or any other person’s use of the Site;
- introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, or the server on which the Site is stored, or any server, computer, database, system, or network connected to the Site, by hacking, password mining, or any other illegitimate means;
- attempt to probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site;
- attempt to reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of Bearbrick, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information;
- reverse engineer, decompile, disassemble, or make any attempts to discover the source code or algorithms of the Site, or create any derivative works based on the Site;
- circumvent the Site’s navigational structure, or otherwise attempt to interfere with the proper working of the Site in any way.
Monitoring and Enforcement; Termination
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS BEARBRICK AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BEARBRICK OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER BEARBRICK OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
Online Purchases and Other Terms and Conditions
All information provided by you must be accurate, complete, and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products, or services that you have requested. Receiving an order acknowledgement via email or confirmation page does not guarantee the acceptance of an order.
Social Media and Links to Other Sites
This Site may provide certain social media features. You may use these features solely in accordance with any additional terms and conditions we provide with respect to such features. We welcome you to share User Content and information about our products and services through social media. When you use social media to share Content from the Site, you grant us the right to reproduce and publish your social media posting and to use the username or social media handle that you used when sharing the Content. You are responsible for complying with the terms and conditions of social media platforms.
If the Site contains links to other sites for purposes of connecting you with useful resources provided by third parties (e.g., financing options, mobile service, etc.), these links are provided for your convenience only. We do not endorse and have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any such third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
Given the special nature of Internet services, you understand and agree that under none of the following circumstances shall Bearbrick be held liable for your losses (including but not limited to property loss, earning loss, loss of data, loss of goodwill, or other intangible losses):
- if Bearbrick’s system fails and cannot normally operate due to an event of force majeure, including but not limited to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, coup, war, terrorist attack, embargo, natural disasters, acts of God, flood, fire, sabotage, and fluctuations or non-availability of electrical power;
- if the services provided by Bearbrick’s platform are suspended or delayed due to hacker attack, computer virus, Trojan horse, and/or any other such malicious programs or acts;
- if the services provided by Bearbrick’s platform are suspended or delayed due to technical adjustments, malfunctions, or system maintenance (or any other network, technology, communication line, or information security management measures or issues) on the part of third-party telecommunication departments and network operators;
- if the services provided by Bearbrick’s platform are delayed, suspended, or terminated due to governmental control, the change of laws and regulations, or order and ruling of judicial authorities, administrative organs, and other departments;
- if you suffer losses due to your use of the Site in violation of relevant provisions, or you the Site improperly.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, ANY FEATURE OF THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, ANY FEATURE OF THE SITE, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEARBRICK NOR ANY PERSON ASSOCIATED WITH BEARBRICK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BEARBRICK NOR ANYONE ASSOCIATED WITH BEARBRICK REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, ANY FEATURE OF THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE WILL BE SECURE OR IMMUNE FROM UNAUTHORIZED ACCESS, OR THAT THE SITE, ANY FEATURE OF THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS OR PROVIDE SPECIFIC RESULTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEARBRICK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES, ADVERTISEMENTS, CONTENT, OR ANY OTHER PRODUCTS, WEBSITES, OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SITE. BEARBRICK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SITE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BEARBRICK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEARBRICK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, AND WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, EVEN IF BEARBRICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND EVEN FOR ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION IS REASONABLE GIVEN THE BENEFITS OF THE SITE AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
NONE OF THE FOREGOING PROVISIONS AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Dispute Resolution
The European Commission's Online Dispute Resolution tool provides useful information including on rights to return and warranty claims for EU consumers who have purchased goods or services online. The tool may be accessed here: http://ec.europa.eu/consumers/odr .
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable export laws or regulations. You are responsible for complying export controls and for any violation of such controls. You represent that you are not: (i) located in, or a resident or a national of, any country subject to a government embargo or other restriction, or that has been designated by any government as a “terrorist supporting” country; or (ii) on any government list of restricted end users.
Information and Feedback
This website is operated by Era Toys Limited LTD., a company incorporated and existing under the laws of Hong Kong, SAR China, registration number 2858539, having its registered office located at 505, 5th Floor, Beverley Commercial Centre, 87-105 Chatham Road South, Tsim Sha Tsui, Kowloon, Hong Kong.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:
Email address: firstname.lastname@example.org
If Bearbrick needs to send any information to you, it will be sent via email, telephone, or to any address and other contact details you provided when you purchased Bearbrick product(s), or published such information through the Site. If the information is sent via electronic communication, it shall be deemed to be delivered on the date sent (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; if sent by a nationally recognized overnight courier (receipt requested), it will be deemed delivered when received by the addressee; and if sent by certified or registered mail, return receipt requested, postage prepaid, it will be deemed delivered on the third day after the date mailed.
This document was last updated on Jul 19, 2023
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