(Last Updated: 10 March 2021)
Welcome to Hasbro Pulse, an ecommerce platform featuring Hasbro fan products (the “Products”) to order and content operated by Hasbro European Trading B.V. and its subsidiaries and affiliated companies (“Hasbro”, “we”, “our” or “us”) at https://uk.hasbropulse.com, including the Hasbro IP (defined below), and any other content or functionality (the “Site”). From time to time, you may use the Site to back and order creative toys, products and other items that will be developed and made available by Hasbro (the “Crowdfunded Products”). You may also enroll with the Hasbro Pulse Premium program (the “Services”).
Please read these Terms carefully before you access or use the Site, including creating an account, submitting your order to us, enrolling with the Services or backing the Crowdfunded Products. These Terms tell you who we are, how we will provide Products and Services to you, how you and we may change or end the contract between us in respect of any Products or Services, what to do if there is a problem and other important information. If you do not agree to these Terms, do not use the Site.
These Terms are in addition and without prejudice to any legal rights and remedies you may have under law.
If you are using the Site and the Services on behalf of any person or legal entity , you agree to these Terms on behalf of yourself and any such person, and you represent and warrant that you are authorised to accept and bind such person to these Terms, and that such person agrees to be responsible to us if you or such person violates these Terms.
Where in these Terms we refer to “Product” or “Products” this also includes the Crowdfunded Products unless we state otherwise.
Information about us and how to contact us
We are Hasbro European Trading B.V., a company registered in the Netherlands. Our company registration number is 34319600 and our registered office is at De Entrée 240, 1101 EE Amsterdam. Our registered VAT number(s) are GB975088280 and NL: NL820205412B01.
You can contact our Customer Service here. Our Customer Service team will be available Monday to Thursday 9:00am to 5:00pm, Friday 9:00am to 4:00pm in the UK but excluding weekends and bank holidays and we will aim to respond to any queries within three business days.
When we use the words "writing" or "written" in these Terms, this includes emails.
Our right to make changes
We may amend these Terms from time to time. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site, including creating an account, backing a Crowdfunded Product and ordering the Products and/or Services.
We may change these Terms, Site, Products and Services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat, which will not affect your use of the Site, Products or Services. If we make such changes to these Terms, we will provide notice of such changes by updating the “Last Updated” date at the beginning of these Terms.
We may also update and change our Site from time to time to reflect changes to our Products and Services, our users' needs and our business priorities.
If we make material changes to these Terms, Site, Products or Services (for example, in case of any legal or regulatory changes affecting our business or any changes to our business or any Products and/or Services), we will provide you with additional notice of such changes by sending you an email at the last email address you provided to us, or by prominently posting notice of the changes on the Site. You may then contact us to end your contract with us before the changes take effect and receive a refund for any Products and/or Services paid for but not received. By continuing to access or use the Site, you confirm your acceptance of the revised Terms and all of the terms incorporated by reference. If you do not agree to the revised Terms, you may not continue to access or use the Site, including creating an account, backing the Crowdfunded Products and ordering the Products and/or Services.
Table of Contents
- Services Operation & Eligibility
- Your Account; Electronic Communications
- Hasbro Pulse Premium
- Crowdfunded Products
- Our contract with you
- Our Products and Services
- Price and payment
- Fraudulent or unauthorised activity
- Faults, your right to end the contract / cancel orders
- How to end the contract with us
- Our right to end the contract with you
- Complaints about the Products and Services
- Ownership of the Site and its content
- Linked Sites
- Your use of the Site
- Disclaimers and Limitation of Liability
- Waiver; Remedies
- Governing Law; Venue
- Modifying and terminating our Site
- Other important terms
Our Site is solely for the promotion of our Products and Services in the United Kingdom. Unfortunately, we do not accept orders which require delivery to addresses outside the United Kingdom.
We do not offer corporate accounts and if you wish to access or purchase our Products in bulk and/or Services please contact Customer Service here.
We may need to use third party service providers from time to time to fulfill your orders of Products and/or Services.
2. Your Account; Electronic Communications
To obtain access to certain portions of the Site, you may be required to register for an account on the Site or submit your name or nickname and email address in connection with content that you post to the Site. As part of the account registration process, you will enter your email address and provide a password. You agree that the information you supply during that registration process will be accurate and complete. In accessing and using the Site, you agree that you will not (i) register with, or attempt to register with, or otherwise use another person's email address, name, or other information; (ii) use or attempt to gain access to the account (including the password) of anyone else without permission; (iii) use an account, or password in violation of the intellectual property or privacy rights of any person; or (iv) publicly post or otherwise use a name or nickname that Hasbro considers to be offensive. Hasbro may reject or remove any name/nickname, or reject a password, or terminate the account of any user who uses a name, nickname and/or password, that we reasonably deem offensive in our sole reasonable discretion. If we terminate your account, we will refund any money you have paid in advance for the Services we have not provided.
By creating an account, you will be bound by, and authorise Hasbro to accept and rely on, any agreements, instructions, orders, authorisations and any other actions that occur under your account.
You are responsible for preserving the confidentiality of your password (such as by not sharing it with others) and other account information you use to access your account on the Site, and you will immediately notify us of any known or suspected unauthorised use of your account. If you lose your password, or if your password or other account information is compromised, your access to and/or use of the Site and/or Services may be terminated or suspended. If we terminate your access to the Services, we will refund any money you have paid in advance for the Services we have not provided. You acknowledge and agree that any compromise of your account credentials may result in an unauthorised access to your account and unauthorised purchases, and/or the loss or theft of funds held in your account. We will not be liable for any loss or damage arising from your failure to comply with this section, and you will be responsible for the acts or omissions of any third party that accesses or uses your account or the Site on your behalf, where such use is authorised by you or due to your negligence (such as by failing to secure your account credentials or sharing your account credentials in violation of these Terms).
It is your responsibility to keep your information, including your account information and contact details, accurate and up to date. If you do not receive a notification or communication from us because your contact details are incorrect or out of date, we will be deemed to have notified you.
From time to time, we may contact or notify you (pursuant to these Terms, in relation to any Products and/or Services or otherwise) via email or by posting notices on the Site, or in your account, by telephone or by writing to you at the postal address you provided to us in your order or in any other way. All communications will be in English.
3. Hasbro Pulse Premium
The Services will be made available to you for a standard annual fee of £40 (inclusive of VAT). We may change the standard annual subscription fee at any time, but changes will apply only to new and renewal customers. The initial term of the Services shall commence on the date of the purchase of your enrollment and shall continue for the term stated in your purchase confirmation email. If you want to continue using the Services after the end of that term, you will need to re-enroll (the Services will not auto-renew).
Enrollment with the Services is effective at the time at which you make the purchase and you will subsequently be contacted by email about the additional perks and incentives. You must opt-in to Services marketing emails to receive these updates.
4. Crowdfund Products
When you back a Crowdfunded Product, you are making a commitment to purchase the Crowdfunded Product that will only be fulfilled if the minimum number of backings (units or funds) are met for the project during the Project Backing Period. Each Crowdfunded Product will have its own duration when you can back the Crowdfunded Product (each a “Project Backing Period”). Typically, the Project Backing Period lasts between 30 to 45 days.
Minimum Commitment Goal Requirement
During the Project Backing Period you will be able to add the Crowdfunded Product to your shopping cart. You will be required to provide your payment information at checkout. We will verify and store your payment information but will not charge your payment method at this stage. If the minimum number of backings is met by the end of the Project Backing Period, your backing becomes an “Order” and we will charge you for the full amount due for the Crowdfunded Product. Following this the Crowdfunded Product will be made and ultimately delivered to you. If the minimum number of backings is not met by the end of the Project Backing Period, the Crowdfunded Product will not be developed, and you will not be charged.
During the time between your backing of the Crowdfunded Product and the delivery of the Crowdfunded Product to you, we will send you periodic email updates about the status of the Crowdfunded Product. If, for whatever reason, it is not possible to make the Crowdfunded Product (even if the minimum number of backings has been met), we will refund you the full amount that you were charged for the Crowdfunded Product.
Check the main project page for the Crowdfunded Product you backed to see if the minimum backing goal has been met.
Early cancellation of your backing
You can cancel your backing at any time before the completion of the Project Backing Period by contacting Customer Service here or online under the My Orders section of your account. You may also exercise the rights set out in section 10 in relation to the Crowdfunded Products you backed.
Revocation of backing
We reserve the right to revoke your backing at any time as a result of your violation of these Terms.
5. Our contract with you
Our acceptance of your order will take place when we email you to confirm acceptance of it, at whichpoint a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product and/or Services. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, a credit reference we have obtained for you does not meet our minimum requirements, we have identified an error in the price or description of the Product and/or Services or because we are unable to meet a specified delivery deadline.
If you have any questions concerning your order of the Product and/or Services or if you would like to change your delivery details, you may contact Customer Service here.
6. Our Products and Services
Each Product or Services are sold subject to their description on their product/services page. Such description may set out additional terms related to the Product or Services including, without limitation, delivery time, delivery costs and warranties that may apply to the Product or Services.
The images of the Products on our Site are for illustrative purposes only. Although we aim to display the Products accurately, we cannot guarantee that a device's display of the Products accurately reflects the Products. Your Product may vary slightly from those images. The packaging of your Product may also vary from that shown in images on the Site.
7. Price and payment
The price of the Product and/or Services (which includes VAT, where applicable) will be the price indicated on the order pages when you place your order. The sale of the Products shall attract VAT at the applicable rate of 20% in the United Kingdom, whereas the sale of Services shall attract VAT at the applicable rate of 21% in the Netherlands (unless VAT does not apply to such Products and/or Services). Notwithstanding the above, the applicable VAT rate for both Products and/or Services may be amended from time to time in accordance with the applicable VAT rate in the relevant jurisdiction.
We take all reasonable care to ensure that the price of the Product and/or Services advised to you is correct. However, it is always possible that, despite our reasonable efforts, some of the Products and/or Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s and/or Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s and/or Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and either not deliver the Product or require the return of any Product provided to you.
We accept MasterCard, Visa, Discover and PayPal. We cannot accept PayPal as a form of a payment for pre-order items or Crowdfunded Products.
When you must pay depends on whether you are purchasing the Product, Services or backing a Crowdfunded Product:
- For Products, you must pay for the Product before we dispatch it. With the exception of Crowdfunded Products (as set out below), we will not charge your credit or debit card until we dispatch the Product to you.
- For Services, you must pay before we start providing Services to you.
- For a Crowdfunded Products, please see the payment details in section “Crowdfunded Products”.
By providing a payment method that we accept, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third party payment provider) to charge your payment method for the total amount of the price of the Product and/or Services that you order or your backing of the Crowdfunded Product, as applicable (including any applicable taxes and other additional charges that you agreed to when placing an order for a Product and/or Services or backing the Crowdfunded Product). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order for a Product and/or Services or backing of a Crowdfunded Product may be suspended or cancelled. You must resolve any problem we encounter before we will proceed with your order for a Product and/or Services or accepting your backing of a Crowdfunded Product. In the event you want to change, or update payment information associated with your backing of the Crowdfunded Product, you can do so at any time by contacting Customer Service here.
You acknowledge that the amount billed may vary due to changes in the VAT tax between the order date and the date of delivery, and you authorise us (or our third-party payment provider) to charge your payment method for the corresponding amount.
If you think an amount charged to you is wrong, please contact us promptly to let us know.
8. Fraudulent or unauthorised activity
As part of our order processing procedures, we may screen received backings of a Crowdfunded Product and orders for Product and/or Services for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order or backing due to suspected fraud or unauthorised or illegal activity. If we suspect fraudulent, unauthorised or illegal activity, we may reject your backing or order, or we may contact you at the phone number or email address you provided to confirm your backing or order. We also reserve the right to cancel any accounts or refuse to deliver to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.
The costs of delivery will be as displayed to you on our Site. At checkout, the total amount for “Delivery” will include all applicable duties and fees (in addition to all freight and handling fees) and the total amount includes VAT. We may increase, decrease, add or eliminate delivery, handling and processing charges from time to time, including based upon changes to your account, but we will provide a notice of the charges applicable to you. Any such changes will not apply to orders submitted before the change was made. If we notify you of any such change after you submitted your order for a Product and/or Services, or backed the Crowdfunded Product, you may contact us to end your contract with us before the changes take effect and receive a refund for any Products and/or Services paid for but not received. Generally, delivery is handled by a third-party courier.
Timing of delivery
We will let you know the delivery date range for the Products during the order process. Once your Product has been dispatched, please allow 2-3 business days for delivery.
For Crowdfunded Products and pre-order Products, the date listed on the Site is an estimate of when such Products are expected to be available — not a guarantee to fulfill the order by that date. The schedule may change as production on such Products continues. Once your Crowdfunded Product or pre-order Product has been produced, please allow 2-3 business days from dispatch for delivery.
Some Crowdfunded Product and pre-order Product orders may contain multiple deliveries. In these cases, you may see more than one delivery date range.
Delays in delivery
If our supply of the Products and/or Services is substantially delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract with us and receive a refund for any Products and/or Services, you have paid for but not received.
If you are not at home when the Product is delivered and the Product cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Product from a local depot. If you do not re-arrange delivery or collect the Product from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract with you and section 12. below will apply.
You have certain legal rights if we deliver any Product late. If we miss the delivery deadline for any Product, then you may treat the contract as at an end straight away if any of the following apply:
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
If you do choose to treat the contract as at an end for late delivery, you can cancel your order for the Product or reject the Product that has been delivered. If you wish, you can reject or cancel the order for some of the Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Product has been delivered to you, you must post the Product back to us. We will pay the costs of return in this circumstance. Please contact our Customer Service here for a return merchandise authorisation number.When you become responsible for the Product
A Product will be your responsibility from the time we deliver the Product to the address you gave us.When you own the Product
You own a Product once it has been delivered to you.
Suspending the supply of the Products and/or Services and your rights
We may have to suspend the supply of a Product and/or Services to:
deal with technical problems or make minor technical changes;
update the Product and/or Services to reflect changes in relevant laws and regulatory requirements; and/or
make changes to the Product and/or Services as notified by us to you.
We will contact you in advance to tell you we will be suspending supply of the Product and/or Services, unless the problem is urgent or an emergency. If we suspend the Product and/or Services, or tell you we are going to suspend it, in each case for a period of more than 10 business days, you may contact us to end the contract with us and we will refund any sums you have paid in advance for the Product and/or Services.
If you do not pay us for the Products and/or Services when you are supposed to and you still do not make payment within 5 business days of us reminding you that payment is due, we may suspend supply of the Product and/or Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Product and/or Services. We will not suspend the Product and/or Services where you dispute the unpaid invoice.Additional delivery information
When your order consists of multiple Products, we will always attempt to group your Products into as few deliveries as possible. At times, when your order contains multiple Products, it may be necessary to send your Products in separate deliveries to ensure that you receive them in a timely manner. If this happens, we will contact you for your instructions before we accept your order. Generally, delivery is handled by a third-party courier. For more information on delivery please see the Delivery & Return Policy or your order confirmation.
10. Faults, your right to end the contract / cancel orders
The Product and/or Services you bought is/are faulty or misdescribed
If you receive a Product that is faulty or misdescribed, you may also get the Product repaired or replaced or get some or all of your money back:
during the 30 days from delivery of the Product, you can:
ask us to repair or replace the Product; or
return the Product to us and get all of your money back:
after this 30-day period:
you need to give us at least one chance to repair or replace the Product;
if you are then not happy with the repair or replacement or if either option (i) is not possible, (ii) is not completed within a reasonable time or (iii) causes significant inconvenience to you, you can:
keep the Product and get some of your money back; or
return the Product to us and get all of your money back.
If you have asked us to repair or replace the item within the 30-day period and you are unhappy with the repair or replacement, you have until the end of the 30-day period or 7 days (whichever is longer) to return the Product to us and get your money back.
If you request a repair or replacement of the Product, you must return the Product to us. Please contact Customer Service here for a return merchandise authorisation number and further instructions. We will pay the costs of return if the Product is faulty or misdescribed.
If you want us to repair or replace a Product, you can tell us which option you prefer but we can decide that the other option is more appropriate if your preferred option is not possible or disproportionate compared to the other option.
For Services, you may ask us to repeat performance and, if that is impossible or not done within a reasonable time without significant inconvenience to you, reduce the price of the Services.
Your right to end the contract
You have the right to end the contract because of something we have done or told you we are going to do in breach of these Terms. If you exercise that right, your contract with us will end immediately and we will refund you in full for any Products and/or Services which have not been provided to you and you may also be entitled to compensation if you are ending a contract for one of the following reasons:
we have told you about an upcoming material change to the Product, the Services and/or these Terms which you do not agree to;
we have told you about an error in the price or description of the Product and/or Services you have ordered, and you do not wish to proceed;
there is a risk that supply of the Products and/or Services may be significantly delayed because of events outside our control;
we have suspended supply of the Products and/or Services for technical reasons, or notified you we are going to suspend them for technical reasons, in each case for a period of more than thirty (30) days; or
you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
You have changed your mind about the Product / Services
For most Products/Services bought online we will allow you to change your mind within 30 days and receive a refund. For Products, you have 30 days after the day you received the Products unless your Products are split into several deliveries over different days in which case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products. You will need to pay the costs of return for the Products.
You do not have a right to change your mind in respect of:
Products which are customised, bespoke or personalised (for example, when a Product has been engraved or otherwise personalised);
Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them; and
any Products which become mixed inseparably with other items after their delivery.
For the Services, if you decide to unenroll within 30 days of purchasing the Services, you will be refunded the standard annual subscription fee you have paid. However, if you requested the Services to begin during the initial 30 day-period from purchasing the Services, we may deduct an amount proportionate to the Services we have provided to you up until the cancellation date.
You want to cancel your order before the Product is dispatched
You may cancel your order if the Product has not been dispatched yet and we will refund you in full for such Product. However, this does not apply to the Crowdfunded Products.
All other cases
Where we are not at fault and where you do not have a right to change your mind, you can still end the contract before it is completed but you may have to pay us compensation. A contract for the supply of a Product is completed when the Product is delivered and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed, you can contact us to let us know. Subject to our agreement:
the contract for the supply of a Product will end immediately; and
- the contract for the supply of Services will end one month after you notify us of your intention to end the contract; and
we will refund any sums paid by you for the Product and/or Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. We will not deduct or charge you reasonable compensation when you cancel your backing of the Crowdfunded Product before the completion of the Project Backing Period.
For more information on cancellations, returns and refunds please refer to the Delivery & Return Policy.
11. How to end the contract with us
To end the contract with us in respect of a Product or the Services, please let us know by doing one of the following:
By Contacting Customer Service here. Monday to Thursday 9:00am to 5:00pm, Friday 9:00am to 4:00pm in the UK but excluding weekends and bank holidays.
By Phone: 0800-917-6344 – Monday to Thursday 9.00am to 5.00pm, Friday 9.00am to 4.00pm in the UK but excluding weekends and bank holidays.
Online: Login to your account, navigate to ’My Orders’, click into your order, then cancel the item (for pre-order Products and Crowdfunded Products only). For more information on order cancellations, see our Delivery & Return Policy.
By Post: Print off the Model Cancellation Form and post it to us at the address at Hasbro Consumer Affairs Department, PO Box 43, Newport, Gwent NP19 4YH, United Kingdom. You can also write to us at that address, including the details of the Products and/or Services you bought, when you ordered or received them and your name and address.
Complete the model cancellation form and send it to us by email at email@example.com or post as outlined above.
Returning the Products after ending the contract
If you end the contract for any reason after the Product has been dispatched or delivered to you and you want a refund, you must return the Product to us. You must post the Product back to us at Hasbro C/O Ingram Micro CFS Fulfilment Ltd, Unit 1 DC 1, Nasmyth Road, Daventry, England, NN11 8NF. Please contact Customer Service here here for a return merchandise authorisation number and further instructions. If you are exercising your right to change your mind you must send off the Product within 30 days of telling us, you wish to end the contract.
Costs of return
We will pay the costs of return if:
the Product is faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming material change to the Products and/or Services or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
We will refund you the price you paid for the Product/Services including delivery costs (where applicable) by the method you used to make the payment
However, if you are exercising your right to change your mind:
we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Product and later discover you have handled the Product in an unacceptable way, you must pay us an appropriate amount; and
- we may deduct from any refund in respect of Services an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full price of the contract.
We will make any refunds due to you as soon as possible.
If you are exercising your right to change your mind and we have not offered to collect the Product, we will make a refund within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
12. Our right to end the contract with you
We may end the contract with you at any time by writing to you if:
you do not make any payment to us when it is due, and you still do not make payment within 5 business days of us reminding you that payment is due; or
you do not, within a reasonable time, allow us to deliver the Product to you or collect them from us.
If we end the contract in the situations set out above we will refund any money you have paid in advance for Product and/or Services we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13. Complaints about the Products and Services
If you have any questions or complaints about the Products, please contact Customer Service here.
We are under a legal duty to provide Products that are in conformity with the contract formed when you order the relevant Products.
If you wish to exercise your legal right to reject the Product within 30 days from delivery of the non-conforming Product you must post the Product back to us. We will pay the costs of return in this circumstance. Please contact Customer Service here for a return merchandise authorisation number and further instructions.
14. Ownership of the Site and its content
You acknowledge and agree that the Site and all patents, trade marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software) and topography rights, know-how, processes, names of intermediaries and other customers, suppliers and third parties, and other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights (including rights of extraction) content, materials, trade dress, logos, illustrations, product layout and design, icons, images, artwork, graphics, photography, text, data, audio (including sound effects), software, and infrastructure, as well as the selection, assembly and arrangement thereof and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licences and consents in respect of any of the rights and forms of protection (collectively, the “Hasbro IP”) are the property of Hasbro or our licensors or licensees and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to infringe or challenge our and/or our licensors’ or licensees’ intellectual property rights in the Site nor to do or permit anything to be done which may be detrimental to the Site or which may be inconsistent with or damage our reputation and/or the reputation of our licensors or licensees. You will not sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials of the Site, including without limitation Hasbro IP, HASBRO, HASLAB, HASBRO PULSE and the respective logos are trade marks of Hasbro, Inc. All other trademarks are the property of Hasbro or their respective owners. All of the Site's content is copyrighted by Hasbro, Inc. All rights reserved.
Except as expressly set forth in these Terms, no licence is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Hasbro.
15. Linked Sites
16. Your use of the Site
Subject to and in consideration of your strict compliance with these Terms and any other terms or instructions that may be provided to you from time to time in connection with the Site (including any payment, if applicable), we hereby grant you a personal, limited, revocable, non-transferable, non-assignable, non-sublicensable, non-exclusive licence to access and use the Site and the Services solely to the extent permitted under these Terms. The foregoing limited licence:
does not give you any ownership of, or any other intellectual property interest in, the Site or the Services
may be immediately suspended for any reason, in Hasbro’s sole discretion, and without advance notice or liability, if, including but not limited to:
in our opinion, there are any security reasons or concerns;
we think or suspect, in our discretion, that the Site and/or Services has been used fraudulently or in an unauthorised way or in breach of these Terms;
there are obligations we have to meet under any laws and regulations;
there are operational reasons; or
whenever we otherwise deem it necessary in our absolute discretion;
may be immediately terminated for any reason, in Hasbro’s sole discretion, and without advance notice or liability, and/or we may delete your account with immediate effect and with or without notice, if, including but not limited to:
in our opinion you have breached these Terms;
your actions have created or resulted in harm, risk, or possible legal exposure for us, or other users of the Site and/or Services; or
whenever we otherwise deem it necessary in our absolute discretion.
We are not responsible for any consequences of the revocation of such licence, such as a resulting inability to use the Services. However, we will notify you of any termination (if permissible) and refund any sums paid by you for Services not provided to you. You acknowledge and agree that your unauthorised use of the Site or the Services may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
You acknowledge and agree that:
the Site has not been developed to meet your individual requirements;
to the extent permitted by applicable laws and regulations, any software or other functionality provided by us or any third party providers as part of the Site will be provided “as is”;
any systems or devices you use to access the Site and the Services (if applicable) are beyond our control, and we shall not be responsible for the operation or security of any such devices or systems;
information and telecommunications systems are not error-free; and
the provision of any internet-based service may be subject to disruption.
The Site is provided by us and is intended to be used in a safe and enjoyable fashion. Users of the Site must not (or attempt to or assist others to) do any of the following:
interfere with the proper working of the Site, including attempting to circumvent the security systems of the Site or otherwise disrupt the operation of the Site;
gain access to the Site in a fraudulent manner;
gain access to any other user’s account without permission;
circumvent geographic restrictions of the Site or attempt to access any feature or area of our Site that you are not authorised to access;
ascertain or attempt to ascertain any other user's personal information by any means whatsoever, including without limitation by use of the Site, any other website, or by e-mail communication, for any purpose whatsoever, including but not limited to marketing other products or services to such other user;
contact other users of the Site for any reason, including to unsolicited advertising or promotional material for personal or commercial solicitation including “spam”, “junk mail”, “chain letters” or “pyramid schemes”;
sell, license, sublicense, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, retransmit, disseminate, transfer, lease, broadcast, timeshare, loan, disclose, modify or create derivative works from, or in any way exploit the Site, and/or any of the content or materials on the Site, in whole or in part, including without limitation Hasbro IP and third party intellectual property made available or presented through the Site;
upload or submit any data, information, files, or other content that contains viruses or any other computer code, corrupt files or programs that are designed to or may interrupt, damage, destroy or limit the functionality of the Site or disrupt any software, hardware, telecommunications, networks, servers, or other equipment;
permit any third party to access or use the Site (except as otherwise permitted);
use robot technology on the Site for any purpose, including crawling, scraping, or spidering any parts of the Site;
upload or submit any data, information, files, or other content that infringes any intellectual or other proprietary rights of any person, or is in breach of any contractual duty or any obligation of confidence, or does not comply with applicable laws or regulation, or poses or creates a privacy or security risk to any person or party, violates the legal rights of others, or is otherwise prohibited;
engage in unfair, predatory or deceptive practices or in any fraudulent activity on the Site or further any fraudulent purpose on the Site;
upload or submit any content that is harmful, threatening, abusive, harassing, offensive, discriminatory, threatening, obscene, inflammatory, defamatory, or, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Site, or which may expose us or others to any harm or liability of any type;
use the Site for any purposes other than browsing Products, projects and content, backing Crowdfunded Products, ordering and rating/reviewing Products and/or Services; or
violate these Terms, any policies posted on the Site, or any applicable laws or regulations or otherwise engage in any activity that promotes or encourages illegal activity.
We expressly reserve the right, which shall be exercised in our sole and absolute discretion, to remove any content from the Site which contravenes any of the provisions of these Terms, without notice or liability to any person who uploaded or submitted such content.16.1 User Content and Feedback
We allow users of the Site to post ratings, reviews, questions, pictures and other materials about Products and Services featured on the Site (collectively, the “Content”).
In addition, you may post, submit or otherwise communicate to us questions, comments, suggestions, ideas, original or creative materials or other information about Hasbro, our Products or Services (collectively, the “Feedback”).
By submitting any Content or Feedback (collectively, the “User Material”), you agree:
that the User Material is original and, to the best of your knowledge, accurate;
that the User Material is not confidential or proprietary to you;
to grant us a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable and unrestricted licence to use and publish, display, edit, modify, reproduce, distribute, store and prepare derivative works of, the User Material; and
that you will not assert any moral rights against us in respect of the User Material.
you represent and warrant that:
you are the owner of the User Material, or have the right and have obtained all necessary consents to, grant us the rights set out in these Terms in respect of the User Material; and
the User Material will not infringe the intellectual property rights of others.
Please note that we have no control over, and no ownership of, any User Material and users are solely responsible for any User Material they post. We make no representations or warranties concerning any User Material. We may, in our sole discretion, remove any User Material from the Site.
If you have posted Product and/or Services-related User Material that you want us to remove from the Site, please contact Customer Service here. Please note that we may still use the User Material as described above after it has been removed from the Site.
17. Disclaimers and Limitation of Liability
THE SITE AND ALL CONTENT THEREOF (INCLUDING LINKED SITES BUT EXCLUDING ANY INFORMATION ABOUT THE PRODUCTS AND SERVICES) ARE PROVIDED "AS IS" AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HASBRO AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS (TOGETHER WITH HASBRO, THE “HASBRO PARTIES”) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THE SITE (SAVE FOR ANY INFORMATION ABOUT THE PRODUCTS AND SERVICES) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HASBRO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE SITE (SAVE FOR ANY INFORMATION ABOUT THE PRODUCTS AND SERVICES). WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE SITE (SAVE FOR ANY INFORMATION ABOUT THE PRODUCTS AND SERVICES). WE DO NOT WARRANT THAT THE SITE AND ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
17.2 LIMITATION OF LIABILITY
Subject to the provisions in this section 17.2 (Limitation of Liability), the combined aggregate liability of the Hasbro Parties to you for any losses, damages, liabilities, costs, expenses or charges, whether arising in contract, tort (including, without limitation, negligence) or otherwise in connection with the Site, the Products or Services as well these Terms shall be limited to the amount you paid to Hasbro for any Products and/or Services purchased on the Site.
Subject to the provisions in this section 17.2 (Limitation of Liability), we will not be liable to you for:
any losses that you suffer, except those losses which are a foreseeable consequence of the breach; or
any loss of profits, loss of anticipated savings, loss of business or business opportunities or loss of goodwill arising from or in connection with:
your use or the Site;
your inability to use the Site;
any failure, interruption, unavailability, delay, defect, error or omission in the Site; and/or
any other matters arising otherwise in connection with the Site,
regardless of whether we had been advised of were aware of the possibility of such losses or damages being incurred.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes:
liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
for fraud or fraudulent misrepresentation;
for breach of your legal rights in relation to the Products and/or Services, including breach of any terms, legal quality standards or legal rules under, or implied by, the Consumer Rights Act 2015; and
for defective products under the Consumer Protection Act 1987.
We are not responsible if we do not comply with any of these Terms:
due to abnormal or unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite our efforts to the contrary; or
where our failure to comply is due to our obligations under any laws or regulations.
18. Waiver; Remedies
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract between us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Products and/or Services, we can still require you to make the payment at a later date.
Our rights and remedies under the contract with you and any other applicable agreement between you and Hasbro will be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
19. Governing Law; Venue
These Terms and any dispute or claim arising from these Terms (including any relevant non-contractual disputes or claims) will be governed by and construed and enforced in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including any relevant non-contractual disputes or claims) arising from or in connection with these Terms, or their subject matter or formation.
20. Modifying and terminating our Site
We may suspend or stop providing or restrict availability of all or portions of our Site at any time for business and operational reasons (including but not limited to maintenance or upgrades). We will notify you reasonably in advance of any suspension or withdrawal. We will not notify you if this would compromise our reasonable security measures or it would be unlawful for us to notify you. You also have the right to stop using our Site at any time.
Errors and Inaccuracies
Our goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. If we identify any errors, inaccuracies or omissions affecting your order after you place your order, we will contact you for your instructions before we accept your order. We reserve the right to correct any minor technical errors, inaccuracies, or omissions which do not affect your order. We sincerely apologise for any inconvenience this may cause.
If the court finds that any provision or part of a provision of these Terms is illegal, the remaining provisions will remain in full force and effect.
22. Other important terms
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The contract to which these Terms apply is between you and us. No other person will have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to its terms.
You agree that communications and transactions between us may be conducted electronically.
We may transfer our rights and obligations under these Terms and/or the contract between us in relation to a Product or the Services to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
If your right to use the Site has been terminated or you have deleted your account on the Site:
these Terms may no longer apply but any provisions of these Terms that by their nature should continue to apply after termination of these Terms will continue to apply. This includes (but is not limited to) all provisions relating to intellectual property, liability, indemnities and governing law; and
we can disable, reclaim and reuse your account name, user ID and other identifiers you have adopted within the Site.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms and/or the contract between us in relation to a Product or the Services to another person if we agree to this in writing.
The Products are not intended for resale.23. Questions
Should you have any questions regarding these Terms please contact Customer Service here.