Introduction & Scope –

Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for our website available at the URL www.realboystoys.com (the “Site”), including its sub-domains and its mobile-optimized versions, along with any products and services offered thereby.  These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.

The Site and the provided products and services are delivered by the Real Boys Toys team (hereinafter referred to as “Real Boys Toys”).  The following terminology applies to our Terms, Privacy Policy, Cookie Policy, and other guidelines and agreements indicated by us from time to time: “client”, “user”, “you” and “your” refers to you, the person logged on this Site and compliant to our terms and conditions; “ourselves”, “we”, “our” and “us”, refers to us and our parent and holding companies.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

All terms hereof refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting each of our client’s needs in respect of the provision of Real Boys Toys’ stated services, in accordance with and subject to prevailing applicable laws for our sale of goods.

Henceforth, by accessing this Site, you are agreeing to be bound by these Terms, 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 Site are protected by applicable copyright and trademark law.

Services Offered –

Real Boys Toys is an online store where users can purchase quality adult toys and objects.  We respect your privacy, and accordingly, all orders from us are shipped in plain packaging using our return address.  Accordingly, Real Boys Toys agrees to furnish its online store services (the “Services”) to; (i) the visitors that browse the Site; (ii) registered buyers of goods; and (iii) any other users that have opened an account, all subject to the following terms.

Please remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us.  Therefore if you elect to proceed with a transaction that involves the products or services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Account Registration, Verification and Safety –

In order to use our Services, you must create an account, including all mandatory fields on the registration form.  You must provide accurate and complete information, and you hereby agree to keep the password chosen upon creating your account as confidential and not to communicate it to third parties.  

If you lose or disclose it, you must promptly inform us.  You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential and must notify us immediately of any breach or unauthorized use of your account.

Purchase Terms –

We will undertake their reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated, and correct, but notwithstanding the foregoing, Real Boys Toys cannot fully guarantee such information.  Accordingly, the specifications, availability, eligibility, prices, and characteristics of the products and services provided via the Site will be subject to change at any time, may or will be discontinued without prior notice, and without any responsibility on behalf of Real Boys Toys.

You authorize us to charge your account for the purchase price and shipping cost. Unless noted, prices are in US dollars; tax is additional.  To the extent permitted by law, fees are nonrefundable, even for products we remove.  We may refuse purchases for any reason, particularly chargebacks, which may place a hold on your account.

The receipt of the order is recorded and confirmed by our platform, with the sending of an e-mail to the address indicated by the user.  Please keep the email until you receive the purchased product(s).

While products offered on-line via our Site will usually be priced based upon the merchandise prices last updated by us, it is possible that you may encounter differences in prices due to promotional events and updated pricing at different times.

Please be advised that the color of actual products may or will vary from the one displayed on your monitor.  We strive to display the colors of the products shown on the Site as accurately as technically feasible, but nonetheless, we cannot guarantee that your monitor will display any color accurately.

Real Boys Toys does not make any representation or warranty regarding subjective elements of the products offered via the Site (e.g. this toy is not of the expected body compatibility or texture as the other type I used; or its color, texture, smell, flavor), as well as the texture or color of the products sold, nor for the craftsmanship, merit, and other subjective characteristics of the products offered via the Site.  Any and all product guarantees such as weight, amount, size, color, texture, type, and other measurable characteristics of the goods sold will be the responsibility of the manufacturers.

There may be occasions where a product that is listed has been incorrectly listed (e.g., typographical error, hand error, or system error).  In such a case, we hereby reserve the right to refuse or cancel any orders placed for any and all products incorrectly listed.  If the payment processing method of the customer has already been charged, we may cancel the order and issue a refund or credit in the amount of the incorrect price.

Shipping Terms –

The products sold through our platform are delivered by third parties, who will offer delivery and set charges for such services on a case by case basis.  We do not offer delivery services ourselves but will endeavor to offer shipment tracking when possible.

Orders are shipped via FedEx, UPS UP Mail Innovations or USPS.

We strive to ship all orders received before 1:00 pm Mountain Standard Time on the same day.

Upon placing an order, payment must be received and processed by Real Boys Toys prior to order processing and shipping.

Once payment clears, we may proceed to prepare shipping.  All items are subject to availability, and we will inform customers if the selected products are out of stock, and in such case to propose substitute items or a full refund of the price paid.

For orders not designated as priority, Real Boys Toys will provide the order status to each customer within 48 hours from order receipt by Real Boys Toys.  Order status information will include shipping date, tracking number, weight, number of boxes, and other pertinent information.

For priority orders (i.e. same day shipping), Real Boys Toys will use its best efforts to notify each customer immediately of any delay.

To request information regarding order status, each customer should provide Real Boys Toys with the following information: order number, customer name, address, items ordered and the date ordered.  Shipping fees are determined by numerous factors, such as dimensions, delivery address, and type of shipping.  

To track order online at www.ups.com, www.fedex.com, www.usps.com or www.psmi.com, please click on tracking, and follow the instructions.

All dates displayed are estimated, since we use third party couriers to ship their products, and all customers should take into account that Real Boys Toys will not be responsible for any delays, additional expenses, customs fees and any problems caused by a third party providers’ logistics.

Depending on the customer’s place of residence, we may collect taxes on orders placed.  All of our users should be reminded that tax obligations are not optional. 

As a final notice for this section, we may not be able to ship items to certain regions, and, therefore, they should reject orders with delivery addresses in such regions.

Refund Terms –

Unfortunately we cannot accept a return, due to the personal nature of our products, we are unable to accept returns; nor will we exchange a product unless the item is defective.

Please note that to ensure the safety and health of our customers, ALL SALES ARE FINAL.

Once items leave our warehouse, they are considered to be used and non-resalable. We do not accept returns or exchanges on any product we sell.

In the event of a shipment error on the part of Real Boys Toys, a credit memo will be issued or the correct product will be shipped at Real Boys Toys’ expense.

If Real Boys Toys requests the product to be returned, customer shall return the product back to our indicated shipping address.  If the address is not available, Real Boys Toys will supply an address for the return.  Once the return is received by our team, a customer credit will be issued for the product, shipping charges if applicable, and a processing fee on restockable products.

Upon the case of manufacturer’s defective or damaged items, Real Boys Toys will issue a credit or replace a manufacturer’s defective or damaged item within the first 30 days from the date of delivery to the customer.  The item will be replaced with the same item only.  Real Boys Toys will instruct the customer to throw away the defective or damaged item.  Replacement is issued for defective item(s) only and shipped to the customer at no cost.

In the event Real Boys Toys receives unauthorized returns by the customer, Real Boys Toys will notify customer of the product return and will dispose of product at time of notice.  No credit will be issued for product or processing fees arising from manufacturer’s defective or damaged items.

If items are damaged in shipment, or have evidence of damage to the exterior shipping box, the customer must request information from the carrier on the procedure for filing a claim.  The carrier shall provide information to customer on how to file a claim with Real Boys Toys to be reimbursed for damages through the carrier. 

Returned orders due to incomplete address or non-deliverable address will be subject to a 20% restocking fee.

Payment Terms –

We use payment platforms provided by globally accepted third-party payment processors.  Accordingly, the processing of payments will be subject to the fees, terms, conditions, and privacy policies of such payment processors.  Real Boys Toys is not responsible for any and all errors, fees, and currency conversion fees by such payment processors.

Such third party payment transaction processors have enacted their own terms of use, user agreements, and privacy policies, which will govern their provision of services to you in respect to the information we are required to provide to them for your purchase-related transactions.  For these providers, we recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers.

If you elect to use a direct payment gateway in order to complete your purchase, then the third-party payment processors will collect and store credit card data.  Your purchase transaction data will only be stored only as long as necessary to complete your transaction with us.  After such order or transaction is complete, your purchase transaction information will be deleted.

Disputes & Charge-backs –

Users must provide us with valid and current billing information.  Except as expressly set forth herein, all payment charges are final and non-cancelable.  If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice.  Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

A chargeback is typically caused when a customer disputes a charge that appears on its bank or payment processing statement.  A chargeback may result in the reversal of a transaction, with the amount charged back to you.  You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.

When a chargeback is issued, you are immediately liable to Real Boys Toys for the full amount of payment of the chargeback, plus any associated fees, fines, expenses, or penalties (including those assessed by our payment processor or the financial institutions handling the transaction).  Accordingly, you hereby represent and warrant that you expressly appoint Real Boys Toys as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.

If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees, and other legal expenses incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.

User Support –

You can always contact our team with questions about our Services, and we will strive to answer them and work together in order to resolve any such inquiries.  You must provide us with full details of your service query, so we can clearly assess your concerns.

If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page.  We will undertake commercially reasonable efforts in order to answer as quickly as possible.

Intellectual Property Rights –

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Real Boys Toys are the property of –or otherwise are licensed to– Real Boys Toys or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States and other jurisdictions throughout the world.  Respective title holders may or may not be affiliated with us or our affiliates, partners, and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in Real Boys Toys or our Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of the United States and other applicable jurisdictions.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Real Boys Toys and/or the Services may cause us, our affiliates, licensors, or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Digital Millennium Copyright Act (‘DMCA’) Notice –

In compliance with the DMCA, we inform you that Real Boys Toys is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing through the Site, which you may contact by email.  You can review the current DMCA text at the U.S. Copyright Office website.

Real Boys Toys takes copyright infringement matters seriously and is ready to remove any allegedly or factually infringing content displayed on the Site upon due notice and request by the titleholder.

The following procedure will apply for any content displayed through the Site that allegedly infringes the intellectual property rights of you or of any third party.  You must notify us of your claim with the subject: “Takedown Request”.  Once received, Real Boys Toys will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Real Boys Toys may delete it, disable or otherwise stop displaying it.

Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

Our affiliates, advertisers, partners, and third-party syndicated content providers may be adversely affected due to a DMCA Takedown Notice.  Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2), and (3) of the DMCA.

To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Site and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the titleholder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.

User Code of Conduct –

As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:

  • Infringe these Terms or allow, encourage, or facilitate others to do so.
  • Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  • Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the titleholder.
  • Republish, sell, rent, or sub-license content or materials from the Site without our authorization.
  • Reproduce, duplicate, or copy material from the Site without our authorization.
  • Distribute, post, or otherwise make available any content that: (i) infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights, or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred, or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic, or analogous material.
  • Collect, receive, transfer, or disseminate any personally identifiable information of any person without due consent from the titleholder.
  • Use any automated or manual process to obtain, copy, process, access, and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
  • Enable, undertake, program, or execute any type of system, computer program, or technique in order to data-mine, retrieve, scrape, index, or otherwise extract unauthorized information from Real Boys Toys or any portion of data feeds therefrom.  For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
  • Use our Services to disseminate any type of computer viruses, worms, defects, trojan horses, or other items of a destructive nature.
  • Undertake any action that will or may cause an unreasonable load on Real Boys Toys’ and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Real Boys Toys.
  • Intercept or monitor activity via our Site or Services, without our express authorization.
  • Otherwise, reverse engineer, decompile or extract the proprietary code of the Site and our Services.

Content Moderation –

Real Boys Toys encourages users to report violations of our Terms.  Each user is solely responsible for their activities and any content posted, transmitted, or otherwise made available via our Services.

Parts of the Site may offer an opportunity for users to post and exchange reviews, opinions, and information related to items being sold.  Real Boys Toys.  

We do not initially filter, edit, publish, or review comments prior to them being posted.  Comments do not reflect the views and opinions of Real Boys Toys, its agents, and/or affiliates; but rather, they reflect the views and opinions of the person who posts his or her views and opinions.  To the extent permitted by applicable laws, Real Boys Toys shall not be liable for the comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on our Site.  Real Boys Toys reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive, or cause a breach of these Terms.

You agree we may moderate Real Boys Toys’ access to any visitor or user, at our sole discretion (e.g., by blocking (e.g., IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination).  You agree: (i) not to bypass said moderation: (i) that we are not liable for moderating, not moderating, or representations as to moderating; and (iii) nothing we say or do waives our right to moderate, or not.

The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any content that you provide to us via the Services.  Each piece of content that you post is intended for public review, and except for content expressly marked as private, most user-generated content that you share with us will result in such content being made publicly available for users in our Site and other third party websites, including search engines and social media sites.  Not all content can be marked as private.

Real Boys Toys has the right, but not the obligation, to monitor any user activity and ‘user-generated content’ (e.g., names, photos, posts, feedback, images, comments, questions, and other content) to determine compliance thereof, and to edit, refuse to post, or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms of Use or that is otherwise objectionable.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators, or other relevant third parties and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Real Boys Toys and our Services.

No Spam Policy –

We reserve the right to screen any user-generated content to locate and delete any spam or deceiving coupon, code, offer, or link to any product or service.  We will not tolerate, and we will not allow others to undertake through our Services or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party.

Any commercial electronic communication that you receive from us, our partners, licensors, suppliers, and affiliates will require your prior consent to such communication.  Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link.  Please see our Policy for more information.

Account Suspension & Termination –

Real Boys Toys encourages you to report violations of our guidelines and Terms.  Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.

We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms.  You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators, or other relevant third parties and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site or our Services.

Updates & Amendments –

Real Boys Toys reserves the right to modify, amend, suspend, terminate, upgrade, update, or otherwise modify these Terms, at any time and without notice.  Any changes will be displayed on the Site, and we may notify you by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Parental Notice –

Real Boys Toys encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors.  Real Boys Toys does not knowingly provide its Services to persons under the age of eighteen (18), with no exceptions.  If you are under such age, you may not only access the Site nor use our Services at all, even under the direct supervision of your parent or legal guardian.  

Users are prohibited from providing Real Boys Toys with personally identifiable information of persons under the age of thirteen (13) without the consent of their parents or legal guardians.  Real Boys Toys does not knowingly collect any kind of information from any person under the age of thirteen (13) and will delete any related information thereto.  For more information, please read our Policy.

Term, Termination –

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) Real Boys Toys begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) Real Boys Toys’ termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Real Boys Toys to you from time to time; or (v) Real Boys Toys’ decision to make the Site or the Services no longer available for use, at its sole and final discretion.

User Privacy –

By disclosing any data and personally-identifying information to us, you agree to our Policy, including the collection, process, storage, and disclosure of such personally identifiable information, including to our affiliates, partners, and clients.  We will ask for your express consent, including inclusion in our newsletters, updates, and follow-ups.  For more information, please read our Policy.

Advertising, Opt-out –

We may support the Site and our Services through advertising and other commercial opportunities.  These advertisements may be tailored to the content of the Site, and the nature and extent of such advertising by us is subject to change without prior notice.  Please refer to our Policy for information regarding certain advertisement opt-out.

Newsletters –

The Site may allow you to create and/or subscribe to a newsletter service, which may be provided by us or through an authorized third party.  As a user, you will receive a conspicuous communication indicating subscription therefor and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications and also in your account preferences.

Content Liability –

We shall not be held responsible for any content that appears on any of the vendor stores on Real Boys Toys.  You agree to protect and defend us against all claims that are arising from content on our Site. No link(s) should appear on any website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights.

Reservation of Rights –

We reserve the right to request that you remove all links or any particular link to our Site. You agree to immediately remove all links to our Site upon request.

Removal of links from the Site –

If you find any link on our Site that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.

You acknowledge and agree that Real Boys Toys shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained, or accessible through the Services or Site.  Each visitor or user is solely responsible for the contents of his or her communications and may be held legally liable or accountable for the content of his or her comments or other material or information.

No Endorsement –

The images, texts, posts, information, photographs, and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete control.  Some or all of the images shown on the Site are licensed and/or purchased stock photos and are only shown for illustration purposes.  Some or all of the content displayed in the Site is undertaken by external third parties, and does not reflect Real Boys Toys’ opinions, nor does Real Boys Toys, its affiliates, subsidiaries, officers, employees, and agents guarantee its actual veracity or make any endorsement thereof.

Disclaimer of Warranty –

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind.  Real Boys Toys and its affiliates, clients, agents, officers, licensors, and/or distributors do not make, and hereby disclaim, any and all express, implied, or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, and non-interference with use and/or enjoyment.

Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

In no event shall Real Boys Toys, its affiliates, clients, agents, officers, licensors, distributors, and/or any authorized third party, be held liable for any special, indirect, incidental, or consequential damages, including losses, costs, or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services including, but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Real Boys Toys, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability –

If a user suffers loss or damage as a result of Real Boys Toys’ negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the fees paid by such user in the previous three (3) months or the amount of direct loss or damage suffered by the customer, whichever is less.

These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification –

You agree and acknowledge to indemnify, hold harmless, and defend Real Boys Toys, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Real Boys Toys’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Real Boys Toys’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Real Boys Toys); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

Generals –

Assignment.  These Terms will inure to the benefit of any successors of the parties.  We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest.  Any rights not expressly granted herein are thereby reserved.  These terms will inure to the benefit of any successors of the parties.  We reserve the right, at any time, to transfer some or all of Real Boys Toys’ assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Force Majeure.  Real Boys Toys is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Real Boys Toys’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties. 

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

Entire Agreement.  These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter of these Terms, and these Terms supersede any and all prior oral or written communications, proposals, representations, and agreements. The Terms may be amended only by mutual agreement expressed in writing and signed by both parties, and any attempted amendment in violation of this section shall be void. 

Equitable remedies:  You hereby acknowledge and agree that if these Terms are not specifically enforced, Real Boys Toys will be irreparably damaged, and therefore you agree that Real Boys Toys shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Language.  These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

No Embargo.  You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

No Relationship.  You and Real Boys Toys are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

No Waiver.  Failure by Real Boys Toys to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Applicable Law, Dispute Resolution –

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the competent courts with jurisdiction in the State of Israel.  For the application of these Terms and of other matters appertaining thereof, the parties hereto agree to submit to the personal jurisdiction of the courts located in the City of Tel Aviv, State of Israel.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

Contact –

If you have any questions or queries about us, the Site, our Services or these Terms, please contact us at:

Ben Avigdor 18, Tel Aviv, Israel, 6721842

Date of last effective update is January, 2021.