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TIA EZCredit Service Terms of Use


THE LEGAL AGREEMENT ("AGREEMENT") SET OUT BELOW GOVERNS YOUR USE OF TIA’s EZCREDIT SERVICE. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE.

Toy Industry Association, Inc. (“TIA”) is the provider of the EZCredit Service (the "Service"), which permits you to obtain reported credit information and data.

The antitrust laws of the United States permit trade associations to establish facilities or services providing for lawful exchange of credit information with other interested parties and members. Decisions to this effect have been upheld by the Supreme Court of the United States. Participants of the credit interchange should be extremely careful to avoid concerted action, which may result in a decision not to sell customers. While the law permits members to exchange credit information, decisions to grant or withhold credit must be arrived at individually and should not be the subject of concerted action or agreements by participants in any credit interchange. Concerted action or agreement, express or implied, resulting in a decision not to sell to a customer may be a per se violation of the antitrust laws and may expose participating members to criminal as well as civil penalties of the most stringent kind. Such action may even lead to the dissolution of TIA.

The information available through this Service is provided in strict confidence for legitimate credit reporting and only for business and independent use by you or your credit personnel. Confidentiality of the information available through this Service should be of the highest priority and must not be disclosed to any unauthorized parties including, but not limited to, yours or other members’ customers.

YOUR ACCOUNT

As a registered user of the Service, you may establish an account ("Account") in accordance with the Usage Rules, below. Don't reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify TIA of any security breach of your Account. TIA shall not be responsible for any losses arising out of the unauthorized use of your Account.

USAGE RULES

You agree to use the Service in compliance with usage rules including the Credit Interchange Program Guidelines and all applicable antitrust laws. TIA reserves the right to modify the usage rules at any time. You are authorized to use the Service only for commercial use.

You agree not to, or attempt or assist another person to, violate, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with the Service.

In addition you agree that you will NOT use the Service to:
a. upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy or rights, hateful, racially or ethnically offensive, or otherwise objectionable;
b. stalk, harass, threaten or harm another in violation of law.
c. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality agreement;
d. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages;
e. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
f. interfere with or disrupt the Service, or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
j. plan or engage in any illegal activity; and/or gather and store confidential information on any other users of the Service to be used in connection with any of the foregoing prohibited activities;

PRIVACY

When you use some features of the Service, such as inviting other users to join the Service, participating in leader boards, or displaying status messages, the information you share is visible to other users and can be read, collected, or used by them. You are responsible for the information you choose to submit in these instances.

SUBMISSIONS TO THE SERVICE

The Service may offer interactive features that allow you to submit materials (including links to third-party content). You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene or objectionable. You also agree that you have obtained all necessary rights and licenses to make such submissions. You agree to provide accurate and complete information in connection with your submission of any materials to the Service. You hereby grant TIA a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service or in providing or marketing the Service, without any compensation or obligation to you. TIA reserves the right to not post or publish any materials and to remove or edit any materials, at any time in its sole discretion without notice or liability.

TIA has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action in its sole discretion it deems appropriate, including, without limitation, termination at will hereunder.

THIRD-PARTY MATERIALS

Certain content and services available via the Service may include materials from third parties. TIA may provide links to third-party web sites as a convenience to you. You agree that TIA is not responsible for examining or evaluating the content or accuracy and TIA does not warrant and will not have any liability or responsibility for any third-party submitted data, materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use such materials in a manner that would infringe or violate the rights of any other party and that TIA is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY

You agree that the Service, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by TIA and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, TIA and its licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of the Service at any time without notice. In no event will TIA be liable for making these changes. TIA may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.

TIA, the TIA logo, and its other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of TIA. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

TERMINATION

If you fail to comply with any of the provisions of this Agreement, no longer meet the eligibility requirements of the TIA Credit Interchange Program, or have a conflict of interest as determined by TIA, TIA, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the Service; and/or (iii) preclude access to the Service (or any part thereof). TIA reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and TIA will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

TIA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME IT MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED HEREIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO CASE SHALL TIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TIA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

TIA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TIA DISCLAIMS ANY LIABILITY RELATING THERETO.

WAIVER AND INDEMNITY

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD TIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS (“TIA PARTIES”) HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY TIA PARTIES AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE AND HEREBY IRREVOCABLY WAIVE RIGHTS TO RECOVER ANY DAMAGES FROM TIA PARTIES AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TIA’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS AGREEMENT OR UNDER LAW OR EQUITY.

CHANGES

TIA reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and TIA and governs your use of the Service, superseding any prior agreements between you and TIA regarding the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TIA's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. TIA will not be responsible for failures to fulfill any obligations due to causes beyond its control. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by New York law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with TIA or relating in any way to your use of the Service resides in the courts of the State and County of New York. Risk of loss and title for all electronically delivered transactions pass to the purchaser upon electronic transmission to the recipient. No TIA employee or agent has the authority to vary this Agreement.

TIA may send you notice with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.

TIA reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that TIA has the right, without liability to you, to disclose information to law enforcement authorities, government officials, or under Court Order, as it believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.