Please carefully read the following Terms of Use before using the sagarcommerce.com website (the “Site”). By accessing the sagarcommerce.com website, you agree to be bound by these Terms of Use.
These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appears at the bottom of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Access to Site
You will be able to access our Site without having to register any details with us.
Site Uptime
We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.
Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advanced warning of maintenance issues but shall not be obliged to do so.
Intellectual Property Rights
All copyrights, trademarks, patents, and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of our company (Sagar Commerce LLC) or its licensors. The use of our trademarks, content, and intellectual property is forbidden without express written consent from the owner of this website.
You must not:
* Republish material from our website without prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.
* Post or send content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.
You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.
Acceptable Use
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications.
You must not use the content on our website for any marketing-related purpose without our express written consent.
Restricted Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
Revisions
The owner of this website may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.
If any of these terms are determined to be illegal, invalid, or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Links to Third-Party Websites
This Site may contain links to third-party websites other than our own. Sagar Commerce, LLC and sagarcommerce.com do not assume any responsibility for those websites and provides those links solely for the convenience of our visitors.
Sagar Commerce, LLC and sagarcommerce.com do not control the content of those websites and takes no responsibility for their content, nor should it be implied that Sagar Commerce, LLC and sagarcommerce.com endorses or otherwise recommends such websites or the products or services offered.
Limitation on Liability
IN NO EVENT SHALL SAGAR COMMERCE, LLC, SAGARCOMMERCE.COM OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SAGAR COMMERCE, LLC, SAGARCOMMERCE.COM HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
Limits of Responsibility
We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product.
Applicable Law
The laws of the State of New Mexico will govern these Terms of Use without giving effect to any principles of conflict of law.
We make no representations that the content or the Site is appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.
Our Site is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.
NOTE: The Terms and Conditions below are intended for users who submit content to us that we are interested in using.
Terms and Conditions
Thank you for sharing your images that inspire play! You have given us permission to post on our Countless Ways to Play Gallery your photos, your handle and the caption that you’ve placed on your photo (“User Generated Content”, or “UGC”). By sharing your UGC, you are agreeing to these Terms and Conditions, the Terms of Use for our Site (above) and our Privacy Policy.
You own the content you share. By sharing your UGC with us, you do not grant any ownership rights in the UGC, and you represent and warrant that you own all right, title and interest in the UGC that you share, including all copyright. You also represent and warrant that the sharing and publication of your UGC does not violate the rights of any other person, including intellectual property rights.
You have the right to share your UGC. By sharing your UGC, you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.
You grant us a License to use your UGC. By sharing your UGC, you are granting to Sagar Commerce, LLC, and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up license to use your UGC, including all copyright, in all forms and media. This means that we have the right to copy, display, publish, modify and store your UCG anywhere and through any means, and that our right will not expire. This also means that you will not receive any money as compensation for granting these rights.
How we will use your UGC. We have no obligation to use any of the UGC that you share, and we reserve the right to select in our sole discretion which images will be published. The UGC submitted to us may be used on our website and on our social media pages. We also may publish this information in our catalogs, e-mail marketing, point of sale store materials, and in other promotional and marketing materials.
Waiver. By sharing your UGC, you release Sagar Commerce, LLC, from any and all liability resulting from our use of the UGC.
Non-Confidentiality. By sharing your UGC with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove you UGC from our site, simply send us an e-mail at contact (at) sagarcommerce.com. Even if we remove your UGC, your waiver of rights will continue to apply to all UCG that we have already used.
Copyright Infringement. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that any content posted in our Take Back Childhood Gallery is an infringement of your copyright, you may ask us to take down that content by sending us a DMCA Notice. If you believe that a DMCA Notice was been wrongly filed against you, you may send us a Counter-Notice. Notices and Counter-Notices must meet the DMCA requirements and we suggest that you obtain legal advice before sending us a Notice or Counter-Notice. Please note that we will decline to accept UGC from users who we believe to be repeat infringers, and there could be substantial penalties for making false claims. Notices and Counter-Notices can be sent to us by either of the following methods:
By e-mail: contact( at )sagarcommerce.com
By U.S. Mail or courier:
Sagar Commerce LLC
4801 Lang Ave NE Ste 110
PMB 1058
Albuquerque, NM 87109
General
These Terms, together with the Privacy Policy, other terms or legal notices published by us on the Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Our Contact Information
Sagar Commerce LLC
4801 Lang Ave NE Ste 110
PMB 1058
Albuquerque, NM 87109
contact( at )sagarcommerce.com
Last modified: June 07, 2021