Legal

Legal Notice

You have accessed a website owned and/or operated by MEGA Brands Inc. (the "Site"). In so doing, you are deemed to have read, understood and accepted the terms of this notice. If you do not accept these terms, you must not access or use the Site. THIS NOTICE MAY BE AMENDED FROM TIME TO TIME. CONTINUED ACCESS TO THE SITE IS SUBJECT TO THE TERMS THAT APPLY AT THE TIME OF ACCESS. IT IS THEREFORE YOUR RESPONSIBILITY TO INFORM YOURSELF OF THE CURRENT TERMS OF THIS NOTICE. MEGA Brands Inc. is a corporation incorporated under the laws of Canada and having a head office at 4505, Hickmore, Montreal (Quebec) Canada H4T 1K4. Purpose of the Site & Disclaimer We have created the Site for your personal, non-commercial information and amusement. We hope you enjoy browsing the Site and encourage you to bookmark it to facilitate access at your convenience. You agree to use the Site for lawful purposes only and in a manner consistent with all applicable laws, rules and regulations. Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer and limitation of liability); or (ii) render accessing or using the website illegal, are not authorized to use the website. We have tried to make the content of the Site as up to date, accurate and reliable as possible but we disclaim liability in the event that any of the contents of the Site are dated, inaccurate, or do not function in the manner intended. Nor do we warrant that the server hosting the Site is free of viruses or other technical aberrations which can harm the components of your computer or the data stored therein. Any material downloaded or otherwise obtained through the use of the Site is done and your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. In no event shall either MEGA Brands Inc. or its suppliers be responsible for any damage sustained in connection with the use of the Site. The terms of use of the Site shall be governed by and interpreted according to the laws of the Province of Québec, Canada without regard to conflict of law provisions.

Liability of MEGA Brands Inc. for information contained herein, if any, is limited to liability imposed by applicable securities legislation, subject to all applicable limitations and defences.

Not all of the products shown on the Site are available in all markets. MEGA Brands Inc. is not responsible for the consequences of importing, even for personal use, any product into a particular country.

Actual product and/or packaging may differ slightly from what is shown on the Site.

MEGA Brands Inc. reserves all rights that are not expressly granted herein.

Intellectual Property

Trademarks Subject to the exceptions noted in the next paragraph, all of the trademarks, including word, design and service marks, displayed on the Site are trademarks and registered trademarks of MEGA Brands Inc. or MEGA Brands International. No such trademark may be used by a third party without the written consent of MEGA Brands Inc.

Other trademarks are the property of their respective owners and are used with permission.

Copyright The Site and its contents constitute copyright works owned by MEGA Brands Inc. No third party may make any reproduction, publication, transmission, modification or other use, including derivative use, of any part of the contents of the Site unless expressly authorized by a notice appearing on a screen.

Patents Many of the toys and packaging displayed on the Site are the subject of utility and design patents, or applications for same, in the name of MEGA Brands Inc. or MEGA Brands International, which enforces its patent rights and other intellectual property rights worldwide.

Unsolicited Materials All suggestions, ideas, photos, drawings etc. (collectively “Submissions”) submitted to us by any means, including e-mail, shall become the property of MEGA Brands Inc., and not be treated as confidential or proprietary in any regard vis-à-vis the person or entity making the submission. We cannot accept unsolicited submissions for product inventions through e-mail. If you wish to make an unsolicited submission for an invention, please write to: Department of Intellectual Property and Legal Affairs, MEGA Brands Inc., 4505 Hickmore, Montreal, QC, H4T 1K4, Canada. In all such instances, the submission will be subject to our standard Disclosure Waiver. You hereby grant MEGA Brands Inc. a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display Submissions for any purpose and/or incorporate Submissions (in whole or in part) in any form, media or technology now known or developed in the future, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in your Submissions in favour of MEGA Brands Inc. and (ii) acknowledge and agree that MEGA Brands Inc. is not responsible for any loss, damage or corruption that may occur to your Submissions.

Limitation of Liability You agree in using the Site that MEGA Brands Inc. (and its affiliates and their respective officers, directors, employees and agents) shall not be liable under any circumstances, including but not limited to negligence, for any loss or damage whatsoever, direct, indirect, consequential, punitive, actual, incidental, special, exemplary or otherwise, including, without limitation, loss of profits, business interruption or loss of information arising out of the use or inability to use the Site or the content of the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if we knew or ought to have known of the possibility of such loss or damage. By using the website, you waive any claims you may have against MEGA Brands Inc. (and its affiliates) which may result from use or inability to use the Site.

Linking It is forbidden to create a hyperlink to the Site or any part of the Site without our prior written consent. Although we may have linked the Site to other people's websites, we have not reviewed the contents of those other sites and do not necessarily endorse their contents. If you access any such linked site, you do so at your own risk and we do not make any representation or warranty of any kind regarding any linked site including, without limitation, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites, or (iii) any representation or warranty that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

General The terms of this notice constitute the entire agreement between you and MEGA Brands Inc. with respect to the subject matter hereof. These terms shall inure to the benefit of, and be binding upon you, MEGA Brands Inc. and our successors and assigns. The invalidity or unenforceability of any provision of the terms of this notice or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of the terms of this notice. No waiver of any of the terms of this notice shall be deemed a further or continuing waiver of such term or condition or any other term or condition.