Schleich's Terms of Use

Schleich's Terms of Use

PLEASE READ THESE TERMS OF USE BEFORE USING OR ACCESSING ANY PORTION OF THIS WEBSITE.

 This website (“site”) is provided by Schleich USA, Inc., and its affiliates (collectively, “Schleich,” “we,” and “our”). Schleich owns and operates this website and its content. These Terms of Use and our Privacy Policy, accessible here, governs your use of the website and covers all content and downloads and services that we own, operate, or offer through this site. Each time you access or use this site, you agree to be bound by our Terms of Use and Privacy Policy. If you do not agree to comply with our Terms of Use and Privacy Policy, then do not use this site. 

If you are younger than age 18 (or younger than the legal age of majority in the state where you live), then your parents or legal guardians may be legally responsible for the consequences of your use of this site. You should inform your parents or guardians that you are using this site and refer them to these Terms of Use and the Privacy Policy; your use may affect their legal rights and obligations.   Some site functions may not be available to you if you are younger than age 16.

Website Content

 

Any and all versions of this site and all content and materials on it – including without limitation all photographs, images, graphics, text, artwork, trademarks and logos, layout, information, instructions, data, files, designs, audio and visual effects, and audio and video clips – are owned by or licensed to Schleich and protected by copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible.  You may not copy, upload, post, transmit, reproduce, distribute, modify, or publicly display the content and materials on this site or produce derivative works from them without our express prior written permission.  The content and structure of the Schleich website are protected by copyright. SCHLEICH and other related trademarks and logos are proprietary trademarks of Schleich. You may not use these trademarks and logos without Schleich’s express prior written permission.

You acknowledge that your failure to comply with intellectual property laws would cause irreparable harm to Schleich that would be difficult, if not impossible, to quantify in monetary damages. In addition to all other remedies available in equity and at law, Schleich may seek injunctive relief. Arbitration may not apply to claims involving intellectual property infringement.

Additional Rules for Your Use of this Site

If you use this site, you agree to abide by the following rules:

  • By submitting content to the site, you warrant that you are the owner of the content and/or have the right to submit that content. By submitting content to the site, you grant Schleich a non-exclusive, unrestricted, irrevocable license to use the content you provide for any commercial or other purpose, without compensation to you or any other person or entity.  
  • Any communications Schleich receives through the website will not be treated as confidential.  Therefore, you should not send unsolicited marketing and product ideas to Schleich.  Any unsolicited ideas you submit to Schleich will be deemed to be licensed to Schleich, as defined above.
  • Schleich reserves the right to remove any content. Additionally, Schleich reserves the right to alter or add to any information provided.
  • Any content you provide in using this site must be current and accurate. 
  • When you provide content, you will not impersonate any other individual or entity.
  • When you provide content, you will not violate the intellectual property or privacy or publicity rights of any other individual or entity.
  • You will review and comply with any notices we send you concerning this site and its operation.
  • You will not defame, disparage, bully, abuse, harass, threaten, intimidate, or impersonate any other individual in your use of this site.
  • You are solely responsible for your interactions with other users.  
  • You will not use this site for any illegal purpose.
  • This content is made available to you only for your personal, non-commercial use.

Procedure for Alleging Copyright Infringement 

If you believe any content on this site (including content submitted by others) infringes your copyrights, you may ask us to remove this content by sending a written notice to the agent we have designated pursuant to the Digital Millennium Copyright Act (Schleich’s DMCA Agent). This notice must provide the following information:

  • A title or subject line on the notice stating “Copyright Infringement Notice”;
  • A description of the copyrighted material you believe to be infringed, including a copy of the material or a description (such as a URL) of where the material may be found;
  • A description of the material on our site that you claim to be infringing;
  • Your full name, address, telephone number, and email address;
  • A statement attesting that you have a good-faith belief that use of the material on the site is not authorized by the copyright owner or its representative, or by the law;
  • A statement attesting that the information you are providing is accurate and attesting “under penalty of perjury” that you own the copyrights to the material at issue or are designated to act on the copyright owner’s behalf; and
  • A physical or electronic signature of the copyright owner or the owner’s designated representative.

 

Schleich’s DMCA Agent is:
 Schleich Copyright Agent

Schleich USA Inc.
10000 Twin Lakes Parkway, Suite A
 Charlotte, NC 28269

DMCA@schleich-s.com

Failure to comply with the requirements set forth above may invalidate your notice pursuant to the DMCA.
 

If content you submitted is removed from the site pursuant to a DMCA notice and you believe that this content is not infringing, or that you were authorized to submit it by the law or by the copyright owner or the owner’s agent, then you may send a counter-notice to Schleich’s DMCA Agent, identified above. This notice must provide the following information:

  • A title or subject line on the notice stating “Copyright Infringement Counter-Notice”;
  • A description of the content removed and the location where it appeared before it was removed;
  • A statement attesting that you have a good-faith belief that the content was removed in error;
  • Your full name, address, telephone number, and email address;
  • A statement attesting that you consent to the jurisdiction of the federal court in the judicial district where you are located or, if you are located outside the United States, to the U.S. District Court for the Western District of North Carolina;
  • A statement attesting that you will accept service of process from the person or entity that submitted the notice of infringement or from the agent of that person or entity;
  • Your physical or electronic signature.

Schleich’s DMCA Agent may send a copy of any counter-notice to the individual or entity that submitted the original notice (the Complainant) informing the Complainant that Schleich may restore the removed content within 10 business days. Unless Schleich’s DMCA Agent receives notice from the Complainant that the party alleged to be the copyright owner has filed a lawsuit seeking to enjoin infringement arising from the content submitted to the site, Schleich may restore the removed content within 10 to 14 business days after receiving the counter notice, at Schleich’s sole discretion.

Procedure for Alleging Any Other Intellectual Property Infringement 

 

If you believe that any intellectual property you own, other than copyrights, has been infringed by an improper posting on or distribution through this website, the you may send us written notice to the above listed agent and address containing the same information as requested above.  The notice must contain a title or subject line stating “Non-copyright Intellectual Property Infringement Notice.”  Schleich will respond accordingly.

Privacy Policy, Personal Information

Schleich is committed to protecting your privacy when you visit or use this site. Schleich’s Privacy Policy, available  here, governs your provision of any information to Schleich through this site. When you visit or use this site, you agree to review and follow our Privacy Policy.

User Accounts

 

In order to access some parts of the site, you may have to register for an account. Parental consent may be required depending upon your age. For more information, review Schleich’s Privacy Policy, available  here.

If you register for an account, you agree to provide accurate, current, and complete registration information about yourself and to maintain and update it continuously. You agree that you will not impersonate another person or violate the intellectual property or other right of any person or entity.  You agree that you will not use derogatory or offensive language.  We may reject the use of any password, username, or email address for any reason in our sole discretion.  We may terminate your account for any reason without notice or liability.

You agree that you are solely responsible for maintaining the confidentiality of your account information and the security of your internet devices and network.  We will not be liable for any loss or damage to you or any third party due to your failure to abide by the Terms of Use.

Cooperation with Law Enforcement

Schleich reserves the right to involve law enforcement for investigations for any reason, including suspected breaches of the website, criminal investigations of any kind, and suspected breaches of this Terms of Use. 

Service Interruptions and Updates

 

Our website may be unavailable for use due to scheduled maintenance and upgrades or unintended shutdowns. Schleich is committed to limit these interruptions and restore service as quickly as possible. However, you have no right to uninterrupted use of the site, and Schleich is not responsible for any damages due to your inability to use the site.

 

Additional Rules for Digital Services

From time to time, we may offer digital services that allow users to combine pictures, graphics, or other content provided by Schleich with your own content and to send them or publish them through social media or other media. Such digital services may include, for example, e-cards, wish lists, tools for creating images, and apps for mobile phones.

Schleich does not prescreen the content sent or received by these digital services. Every user of these services is solely personally responsible for all content that he or she contributes.

In addition to complying with all rules stated above for use of this site, when using digital services, you must ensure that messages, especially emails, SMS, MMS, and the like, are sent with the permission of the respective recipient. You may not use the digital services any commercial purpose, such as advertising or marketing.

The digital services do not use any form of encryption, and thus, messages and content transmitted through these services may be viewed or intercepted by third parties.

Schleich does not accept responsibility for any malfunctions or consequences of unlawful access to the digital services and their content or to other data or equipment.

 We are entitled to change or suspend or provision of these digital services at any time, without notice or liability.

Disclaimers, Limitations on Liability

All of the information and specifications contained within our internet site have been carefully researched and inspected by Schleich or by outside third parties. Although Schleich strives to provide accurate information on this site, we assume no responsibility for the accuracy of the site’s content. 

Neither Schleich nor any third parties can assume liability for the correctness, timeliness or integrity of the information provided. All information is presented strictly for the informational purposes of those visiting the Schleich internet site.  All content is provided “as is,” and we make no warranty, express or implied, of fitness for a particular purpose, merchantability, or non-infringement. Likewise, we make no warranty that this site is or will be free of viruses, errors, or defects.

This site may contain links to other sites owned and operated by other parties not related to Schleich. We are not responsible for the content of any of these sites or for the security of your personal or other information when you visit these sites. Liability for any site which is operated by a third party and which Schleich has linked its own site to via hyperlink is to be borne by those responsible for the site in question. Schleich is not liable for such third-party internet sites. Furthermore, the Schleich website can be linked to by other websites via hyperlink without the knowledge of Schleich. Schleich assumes no liability for descriptions, content or any other type of connections to Schleich on third-party websites. Our provision of links to other sites is not an endorsement of the sites or their content. You may not “frame” or “mirror” any content on this site without our advance written consent.

You waive your right to seek, and we disclaim any and all liability for, any damages of any kind arising from or related to your use of this site or from your inability to use this site. This limitation of liability will apply even if damage, errors, or omissions were foreseeable and even if Schleich had prior knowledge of the possibility of such damage, errors, or omission. This includes without limitation any liability for any damages of any kind caused by downloading, saving, installing, or opening any services or products accessible through this site. Your use of this site is at your own risk to the fullest extent permitted by law.

 We have the right to change, discontinue, or limit access to any feature of this site at any time, without any liability to you. If you fail to abide by these Terms of Use, we have the right to block any further use by you of this site.

Indemnification

You agree to indemnify, defend, and hold harmless Schleich and its employees, attorneys, assigns, successors-in-interest, vendors, suppliers, licensors, and licensees against any claims, damages, costs (including reasonable attorney fees), and other expenses arising from your breach of any of these terms, from your acts or omissions related to this site, or from any allegation that content you submitted to this site infringes or otherwise violates the rights of any party, including without limitation copyrights, trademarks, trade secrets, rights of publicity, or rights of privacy. 

Disputes

Any dispute or claim relating in any way to your use of the site will be resolved by binding arbitration, rather than in court, except that you may assert appropriate claims in small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court and must follow the terms of these Terms and Conditions as a court would. However, any such disputes will be resolved only on an individual basis, not on a collective basis.  Please note, arbitration may not apply to claims involving intellectual property infringement.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the below address, attn: “Dispute”. Within sixty days of receipt, the parties shall attempt to negotiate and mediate the dispute without resorting to arbitration.  If the dispute is not resolved within those sixty days, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules.  

Governing Law, Jurisdiction, and Venue

You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Schleich.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.  If for any reason a claim proceeds in court rather than in arbitration, the case will be heard exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and you hereby consent to the exclusive personal jurisdiction and venue of these courts for the resolution of any such disputes. You also hereby agree that any such disputes will be resolved only on an individual basis, not on a collective basis. 

 If any provision of these Terms of Use is found to be unenforceable under applicable law, you agree that the unenforceable provision will be superseded by an enforceable one, and the remainder of the terms will continue in full force and effect.

Changes

Schleich may change these Terms of Use at any time, without notice to you. By using this site, you signify that you have reviewed the current version of these Terms of Use and agree to abide by them.

Contact Us

If you have questions or want additional information, please contact Schleich via email at:  schleich@schleich-s.com or by U.S. mail at:


Website Questions
Schleich USA Inc.
10000 Twin Lakes Parkway, Suite A
Charlotte, NC 28269