Terms and Conditions

Welcome to www.PlayTakara.com (“Takara”) . The Takara is an internet site of Ontario based corporation Philanthrokidz Inc. (know henceforth as “Philanthrokidz”, “we”, “us” or “our”). All materials on www.PlayTakara.com are subject to the following terms and conditions.

PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE CREATING AN ACCOUNT AT THIS SITE. By accessing and using this site, or by clicking a box that states that you accept or agree to these terms of use, you signify your agreement to the terms and conditions as outlined in these Terms and Conditions.

If you are under the age of majority in the province, state, or country where you live, you must have a parent or legal guardian review these terms of use and register for you. By using or registering at this site, you confirm that your parent or legal guardian has also read and accepted these terms of use.

For Parents: If you are a parent or guardian and you have consented to your child’s use of the site you agree to be bound by these terms of use in respect of your child’s use of the site.

Additional Terms and Conditions: Please note that additional terms and conditions may apply to specific material made available on Takara. These terms will be posted in connection with the material in question. Any such terms and conditions are in addition to these Terms and Conditions, and in the event of a conflict, prevail over these Terms and Conditions.

1. Ownership of Site Content:

Unless otherwise identified the entire contents of The Takara (“content”) and all materials that are part of Takara (“materials”) including but not limited to software (including object code and source code), design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, advertising copy, or other copyrightable elements, User Content (collectively, the “Site Contents”) belong to and are the exclusive property of Philanthrokidz Inc. The Site Contents are protected by and subject to copyright and trademark laws and other applicable laws and treaties in Canada.

2. User Accounts and User Content

Using Takara online site requires you to create a user account (“User Account”) under a Takara nickname (“Takara Name”). By agreeing with these Terms and Conditions you agree to provide current true, accurate and complete information about yourself as requested and not to impersonate someone else or misrepresent your identity by using another individual’s Takara Name, password, or other User Account information.

Certain activities and areas of the Site allow you to submit information, text, artwork and other similar materials created by you (collectively “User Content”). By submitting User Content to Takara, you hereby represent and warrant that: (i) you have all rights in and to such User Content; (ii) the User Content does not infringe any proprietary or other rights of other persons; and (iii) the User Content is not libelous, tortious or otherwise unlawful in content. Philanthrokidz reserves the right to refuse to accept any User Content.

Any communications or materials you transmit to us by electronic e-mail or otherwise including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, and biographical information will be treated as non-confidential and non-proprietary. By submitting User Content to Takara, you hereby agree to: (i) transfer to Philanthrokdz, irrevocably, in perpetuity and free of charge, all of your rights and interest in the User Content, and to waive on the same terms any moral or author’s rights you may have in the User Content, including any right to attribution. To the extent any User Content is held to be non-transferable by law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Philanthrokidz, a worldwide, royalty-free, perpetual, irrevocable and non-exclusive right and licence to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you. You should also be aware submissions of User Content may not be secure, and you should consider this before submitting any information to us.

3. User License

Provided you comply with these Terms of Use, Philanthrokidz grants you a limited right to access and use the Site, including the Site Contents, solely for personal, informational, or entertainment purposes and not for any commercial purposes (the “User Licence”). You agree not to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize any of the Site Contents anywhere, for any purpose and in any form, through any media or technology now known or later developed without the prior written consent of Philanthrokidz.

4. Rules of Conduct

By Using Takara you agree to the following rules of conduct (“Rules of Conduct”). You must not:

  • Use the Site in such a way as to offend or interfere with the use of the Site by other users;
  • Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Site that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; and/or (v) violate any law or regulation;
  • Make offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
  • Use profanity or any obscene, indecent, pornographic, sexual or other objectionable language
  • Promote violence or describe how to perform a violent act
  • Reveal personal information to other users online;
  • Try to circumvent the security systems of the Site, gain access to this Site in a fraudulent manner; or use the Site in a fraudulent manner;
  • Try to gain access to other User Accounts, passwords, and/or personal information by any means whatsoever, including without limitation, by use of the Site or any other Site, or by e-mail communication;
  • Try to use the Site for any purposes other than those intended by Philanthrokidz
  • Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality of the Site.

5. Security

You are responsible for maintaining the confidentiality of the password associated with your User Account, and for all activities that occur through the use of your User Account. You agree to notify Philanthrokidz immediately of any unauthorized use of your User Account or any other breach of security, and exit from your User Account at the end of each session. Philanthrokidz will not be liable for any loss or damage arising from your failure to comply with these security requirements. You may be issued a new password or required to change your password from time to time.

Philanthrokidz has put electronic and other procedures into place in order to help prevent unauthorized access, use and/or disclosure of any personally identifiable information that may be collected by Philanthrokidz in relation to your User Account or Membership. Although Philanthrokidz uses reasonable efforts to safeguard all personally identifiable information collected and processed, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure.

6. Suspension of User Accounts

Philanthrokidz reserves the right to suspend or terminate your User Account at any time without prior notice to you if Philanthrokidz finds that you have in any way breached the Terms of Use, including the Rules of Conduct.

Philanthrokidz may also immediately suspend or terminate your User Account if Philanthrokidz ceases its operations including the operation of this Site.

7. Disclaimers and Limitation of Liability

Materials on the Site is provided “as is” without any warranties or conditions express or implied, including but not limited to any warranties of merchantability, satisfactory quality, non-infringement, fitness for a particular purpose, accuracy, or completeness. Philanthrokidz assumes no responsibility for errors or omissions in the materials linked to any Philanthrokidz site.

Philanthrokidz does not warrant that the Site or Site Contents will be available at any particular time, or that the Site or Site Contents will be provided without interruption or free of errors, or that the Site or Site Contents will be corrected if found to be defective. Philanthrokidz reserves the right to modify and/or discontinue the Site and the Site Contents at any time without prior notice, irrespective of any representations or communications you may have had from the Philanthrokidz customer service group or any representative.

Philanthrokidz does not warrant that the Site will work with any particular hardware or software systems or configurations or that the Site is free of viruses or other harmful components. If your use of the Site results in any costs related to the servicing, updating or replacing of your computer or related equipment or software, you alone and not Philanthrokidz are responsible for those costs.

YOU HEREBY AGREE THAT PHILANTHROKIDZ, ITS OFFICERS DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS, SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, DEMANDS OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SITE CONTENTS, OR THE USE OF THE SITE OR THE SITE CONTENTS BY ANY OTHER USERS, INCLUDING WITHOUT LIMITATION, ANY COMPENSATORY, GENERAL, SPECIAL, AGGRAVATED, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER SUCH CLAIMS, LOSSES, DEMANDS OR DAMAGES WERE FORESEEABLE, KNOWN OR OTHERWISE AND WHETHER THEY ARISE IN CONTRACT, TORT, NEGLIGENCE OR UNDER ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION.

8. Indemnity

You hereby agree to indemnify, defend, and hold Philanthrokidz, its officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Site and/or your User Account. You shall use your best efforts to cooperate with Philanthrokidz in the defense of any claim. Philanthrokidz reserves the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

9. Governing Law and Jurisdiction

Takara online site is controlled by us from our Philanthrokidz offices within the Province of Ontario, Canada. By accessing any Philanthrokidz Site, you and Philanthrokidz agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof. You and Philanthrokidz also agree and hereby submit to the personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.

10. Amendments to Terms and Conditions

We reserve the right to change these terms and conditions from time to time at our sole discretion by updating this posting, or by any other method of notice we deem appropriate. You agree to review these Terms and Conditions on at least a weekly basis to be aware of any changes. Unless otherwise stated, changes will be effective immediately upon posting or performance of another form of notice deemed appropriate by us. Any use of Takara by you after notice of changes to these Terms and Conditions constitutes acceptance by you of such changes.