Terms of Use

This Terms of Use is issued on behalf of NiuToys US, LLC (“NiuToys”). NiuToys is referred to in these Terms of Use as “We,” “Our,” or “Us.” These Terms of Use apply to all our owned websites (however accessed or used), whether via personal computers, mobile devices, or other technology (“Device”) and other interactive features, applications, or downloads that we operate that are available through these websites and contain this Terms of Use produced and maintained by us (collectively “Website”).

1. AGREEMENT TO TERMS OF USE

Please read these Terms of Use carefully before using this Website. By using our Website, you agree to these Terms of Use. If you disagree with the Terms of Use, please do not use this Website.

Please also review our Website’s Privacy Policy and Cookie Policy, which set our data collection and usage practices.

2. OWNERSHIP

Website and Content
All of the material features or displays on the Website, including, without limitation, all text, scripts, code, designs, graphics, music, videos, applications, interactive features, articles, stickers, photographs, images, moving images, sounds, illustrations and other content (“Content”) are owned by us, our licensors or our suppliers. We reserve all rights not expressly described in these terms.

User-Generated Content
If NiuToys allows users to submit or post reviews, comments, or other content (“User Content”) on the Website, you hereby grant NiuToys a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, display, and create derivative works from any User Content in any media now known or hereafter developed. You represent and warrant that you own or have the necessary rights to post the User Content and that the content does not infringe the intellectual property rights or other rights of any third party.

NiuToys reserves the right to remove any User Content that violates these Terms of Use or is deemed inappropriate at its sole discretion.

Any communication or material you transmit to the Website by electronic mail or otherwise, including any User Content, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. By transmitting any User Content, you grant NiuToys the perpetual, worldwide right to use such material in any manner, including but not limited to reproduction, transmission, publication, broadcast, or posting.

Trademarks
All trademarks, service marks, trade names, and logos (“Marks”) used on the Website belong to us, our licensors, or our suppliers. You are prohibited from using the Marks in any way without our prior written consent. You do not acquire any license or ownership rights to any trademarks, service marks, or trade names through your access or use of the Website.
Notices

• All elements of the Website, including, without limitation, the Website and Content and trademarks, are protected by trade dress, copyright, trademark, and other laws relating to intellectual property rights.
• Except as may be otherwise expressly indicated by us in specific documents posted on the Website, you are authorized to view, play, print, and download Content for personal, informational, and noncommercial purposes only.
• Outside of the specific usage rights granted to you by us in connection with the Website, you may not use, edit, translate, display, download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell, or in any way exploit any Content or trademarks. You will not remove any copyright, trademark, or other proprietary notices from the Website or Content found on the Website.
• The Website and Content, trademarks, shall remain the exclusive property of us or our licensors or suppliers, as applicable, unless otherwise expressly agreed by us.
• Communication or material you transmit to the Website by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for lawful purposes, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website, including but not limited to developing, manufacturing, and marketing products using such information.

3. PARTNERS ON THE PLATFORM

From time to time, we may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). Such links are provided for your convenience only. You may be able to connect with these Third Parties through the Website, but this does not mean we endorse, monitor, or have any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any third party’s sites, terms of use, and privacy policy. We are not responsible for the content, policies, or activities of Third Parties, and you interact with Third Parties at your own risk.

4. RESTRICTIONS ON USE
We give you permission to use our Website so long as you do not:

• use the Content on the Website for any commercial purpose;
• use the Content or the Website for any illegal purpose;
• attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
• modify or attempt to modify or in any way tamper with the Website;
• use the Website or any of the Content on it in a way that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of privacy; or
• interfere with or disrupt networks connected to the Website or violate such networks’ regulations, policies, or procedures.
• use any automated system, including but not limited to “robots,” “spiders,” “scrapers,” or “offline readers,” to access the Website for any purpose, including scraping or extracting data, without NiuToys’ prior written consent. You agree not to bypass any measures NiuToys may use to prevent or restrict access to the Website.

5. DISCLAIMERS
To the fullest extent permitted by law, everything on the Website is provided to you “as is” without warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding excluding implied warranties. We use reasonable efforts to include accurate and up-to-date information on the Website. However, we make no warranties or representations as to the accuracy of the information. We assume no liability or responsibility for any errors or omissions in the contents of this Website. We also assume no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.

6. INDEMNIFICATION
To the extent possible under applicable law, you hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the preceding entities’ respective resellers, distributors, service providers and suppliers, and all of the previous entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Website. You shall use your best efforts to cooperate with us to defend any claim. At our own expense, we reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

In the event you fail to meet your indemnification obligations under this section, NiuToys reserves the right to pursue any and all legal remedies, including but not limited to the recovery of legal fees, costs, and damages incurred in enforcing this provision.

7. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will NiuToys, its affiliates, or any of their respective directors, officers, employees, agents, or other representatives be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of data, or other damages arising out of or in connection with your use of the Website, even if NiuToys has been advised of the possibility of such damages. In no event shall NiuToys’ total liability to you for all damages, losses, or causes of action exceed the amount paid by you, if any, for accessing this Website.

8. JURISDICTION AND DISPUTE RESOLUTION

Jurisdiction
These Terms of Use are governed by and construed under Texas law, without giving effect to any principles of conflicts of law. Except where prohibited by applicable law, and without limitation to any statutory rights for users, you agree that all disputes, claims, and legal proceedings directly or indirectly arising out of or relating to these Terms of Use shall be resolved and filed exclusively in the courts located in Dallas County, Texas. Please note that mandatory laws may entitle you to file an action at law in other jurisdictions.
We make no representation that Content on any Website is appropriate or available for use in any particular location. Those who choose to access a Website do so on their own initiative and are responsible for compliance with all applicable laws, including local laws.

Dispute Resolution
Any disputes arising out of or relating to these Terms of Use, or your use of the Website shall be resolved through good faith negotiations. If such negotiations do not resolve the dispute, you agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Dallas County, Texas, and the arbitrator’s decision shall be final and binding. Each party shall bear its own costs, and the prevailing party may recover reasonable attorneys’ fees and costs.

Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies in a court of competent jurisdiction for any actual or threatened infringement of intellectual property or breach of confidentiality.

9. GENERAL PROVISIONS

Right to Assign, No Waivers, Severability

• We may assign our rights and duties under these Terms of Use to any party at any time without notice to you unless notice to you is required by applicable law, but this will not affect your rights or our obligations under the Terms of Use.
• Our failure to insist upon or enforce strict performance of one part of the Terms of Use is not a waiver of the other Terms of Use or our rights.
• If any provision in one part is held invalid or unenforceable, the remainder of the Terms of Use shall continue to be enforceable.

Updates to Terms of Use.

We reserve the right to modify the Terms of Use without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review the Terms of Use periodically. The Updated Terms will be effective as of the time we post them on the Website’s home page or at a later date as may be specified therein.