PLEASE CAREFULLY READ
THESE TERMS AND CONDITIONS. BY VIEWING OR USING THIS SITE, YOU AGREE TO OUR TERMS AND
CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOU SHOULD
NOT USE THIS SITE.
OWNERSHIP
Topkat, L.L.C. ("Topkat") owns all right, title and interest in the Meanies(r)
toy products, this website and all logos, pictures and designs in connection with the
foregoing, except as may otherwise be agreed to in writing. Unauthorized use of logos,
pictures, or names is prohibited by law.
RESTRICTIONS ON USE
The Meanies(r) website (www.meanies.com), including any material, graphics, images,
illustrations, audio clips and video clips, is protected by copyright and may not be
copied, distributed, republished, uploaded, posted or transmitted in any manner whatsoever
without the prior written permission of Topkat, EXCEPT THAT TOPKAT GRANTS YOU A
NON-EXCLUSIVE LICENSE to download one copy of the material (including without limitation,
any audio or video files, software or accompanying data) (collectively,
"Material") on a single computer for non-commercial, personal home or
educational use only.
You agree not to delete or change any copyright, trademark, or other proprietary notices.
Any modification of the Material, or use other than as permitted hereunder, is strictly
prohibited.
This is a license only and no right,
title or interest in Topkat's intellectual property rights is hereby transferred or
assigned to you. You shall at no time acquire any proprietary rights in the Material,
which shall at all times remain the property of Topkat.
Written requests for other uses of the Material should be submitted to Topkat, L.L.C.,
P.O. Box 1271, West Caldwell, NJ 07007, attn: Legal Department. Topkat has no obligation
to approve any such requests, which if given will be in writing signed by an officer of
Topkat.
SUBMISSIONS/GRAFFITI
TOPKAT does not accept any idea, remark, suggestion, idea, graphic or other information
(collectively, a "Submission") through or in connection with this site. DO NOT
SEND ANY UNSOLICITED SUBMISSION TO TOPKAT. Topkat shall use its best efforts to delete or
destroy all unsolicited Submissions.
Material added to the MEANIES' Graffiti Wall (the "Graffiti") shall become the
property of Topkat, shall not be accorded confidential treatment and may be used in any
manner whatsoever by Topkat without liability to you. Topkat shall forever own all rights
of any nature whatsoever in and to any Graffiti.
You recognize that your Submission or Graffiti may be identical with, similar to, or
competitive with other material that has or may come to Topkat from other sources, that
Topkat has access to such other sources and may independently create such other material.
You agree that you (or any other person sending or creating the Submission or the
Graffiti) will not be entitled to any compensation, nor other, equitable remedies, by
reason of the use by Topkat of any material similar to your Submission or Graffiti.
OBSCENITY
GRAFFITI SUBMITTED TO TOPKAT SHALL NOT BE OBSCENE OR LIBELOUS IN ANY MANNER WHATSOEVER.
YOU SHALL BE RESPONSIBLE AND LIABLE FOR THE CONTENTS OF YOUR GRAFFITI INCLUDING LIABILITY
FOR ANY CRIMINAL VIOLATIONS, COPYRIGHT INFRINGEMENTS, INFRINGEMENTS OF ANY RIGHTS OF A
THIRD PARTY OR OTHER VIOLATIONS OF LAW.
TOPKAT MAY FORWARD GRAFFITI TO LAW ENFORCEMENT AGENCIES ALONG WITH ANY INFORMATION
REGARDING PERSONS USING THIS SITE.
LINKS
Topkat makes no representations or warranties regarding any sites linked to this site.
Topkat may not maintain or control the content of such sites. Access or linking to all
such sites is at your own risk. The inclusion of any particular link is not an endorsement
by Topkat of the linked site.
RESTRICTION OF LIABILITY
Topkat, its partners, directors, officers, employees, agents, contractors, subcontractors,
agents and third party providers shall not be held liable for any loss, cost, cause of
action, judgment or damage, suffered by you or any other third party (a "Loss")
arising out of any failure, interruption, delay, defects, error, mistake, omission,
defect, or computer virus, or other problem of any nature whatsoever (collectively, a
"Problem") in connection with the site or the Material thereon, regardless of
how such Problems arise. Without limiting the generality of the foregoing, TOPKAT SHALL
NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL
DAMAGES, RESULTING FROM THE USE OR INABILITY OF USE OF ANY MATERIAL ON THIS SITE, EVEN IF
CAUSED BY TOPKAT'S NEGLIGENCE OR IF TOPKAT OR TOPKAT'S AUTHORIZED REPRESENTATIVE HAS BEEN
APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, OR BOTH. The above limitation or
exclusion may not apply to you to the extent that applicable law may not allow the
limitation or exclusion of liability for incidental or consequential damages. TOPKAT's
total liability to you hereunder shall not exceed your online charges for accessing this
site.
DISCLAIMER
The Material provided on this site is for reference only and is subject to review and
change at any time without notice. The material may contain inaccuracies or typographical
errors. Therefore, RELIANCE ON THIS MATERIAL IS AT YOUR OWN RISK.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS." TOPKAT MAKES NO REPRESENTATIONS
OR WARRANTIES, WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE
USE OF THE SITE OR THE MATERIAL. WITHOUT LIMITING THE FOREGOING, TOPKAT MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THIS SITE OR THE MATERIAL THEREON WILL BE ERROR-FREE
(NOR THAT ERRORS OR DEFECTS WILL BE CORRECTED), ACCESSIBLE WITHOUT INTERRUPTION, OR FREE
FROM COMPUTER VIRUSES OR OTHER HARMFUL DEFECTS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU,
TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
NO REVERSE ENGINEERING
You agree not to resell, decompile, reverse engineer, modify, adapt, translate, create
derivative works from or otherwise disassemble any Material.
EXPORT LAWS
This site is controlled by Topkat from its headquarters in New Jersey. Topkat makes no
representations that the material hereon will be available or appropriate in every
jurisdiction in which this site may be accessed. You are responsible for compliance with
any laws governing use of a website. United States export laws prohibit downloading,
exporting or reexporting certain types of software (a) into (or to a national of or
resident of) any country to which the U.S. has placed an embargo, including without
limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to any one on
the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S.
Commerce Department's Table of Denial Orders; provided further that if you download or use
Material from this site, you represent and warrant that you are not a national or a
resident of any such country under embargo by the United States nor a member of any such
list or table.
TERMINATION
Topkat or you may terminate this agreement at any time; provided however that Topkat's
rights in the Material and any Submission shall survive any such termination. You may
terminate this agreement by destroying any Material from the sites (including copies,
printouts and installations). Topkat may terminate this agreement without notice for any
breach or alleged breach by you, as determined by Topkat in its sole judgment.
MISCELLANEOUS
These terms and conditions are governed by New York law without regard to New York's
choice of law rules. New York courts shall resolve all disputes arising hereunder. You and
Topkat irrevocably submit to the jurisdiction and venue of New York courts located in the
Southern District of New York and hereby waive any right to a trial by jury. This is the
entire agreement between you and Topkat relating to the use of this site and the Material
thereon and supersedes all prior understandings, verbal or written; provided further that
Topkat may modify these Terms and Conditions by updating this posting.
TRADEMARK INFORMATION
The following trademarks used herein and hereinafter are owned by the Topkat, L.L.C.
corporation and its affiliates: MEANIES, Fi&Do the Dalmutation, Boris the Mucousaurus,
Sledge The Hammered Head Shark, Hurley the Pukin' Toucan, Matt the Fat Bat, Navy Seal,
Otis the Octapunk, Snake Eyes Jake, Splat the Road Kill Kat, Peter the Gotta Peagull, Bart
the Elephart, Armydillo Dan. Topkat owns all rights to these trademarks, the related
designs and related slogans and limericks.
All other trademarks are the property of the respective trademark owners.