Disclaimer


DISCLAIMER

Last updated: 2021-04-06

WEBSITE DISCLAIMER

The information provided by MALAGO Online Shop (“Company”, “we”, “our”, “us”) on shopmalago.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site.

UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

EXTERNAL LINKS DISCLAIMER

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume that all users will have the same experiences.

YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity, where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.

ERRORS AND OMISSIONS DISCLAIMER

While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, MALAGO Online Shop is not responsible for any errors or omissions or for the results obtained from the use of this information. All information in this site is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

In no event will MALAGO Online Shop, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

GUEST CONTRIBUTORS DISCLAIMER

This Site may include content from guest contributors and any views or opinions expressed in such posts are personal and do not represent those of MALAGO Online Shop or any of its staff or affiliates unless explicitly stated.

LOGOS AND TRADEMARKS DISCLAIMER

All logos and trademarks of third parties referenced on shopmalago.com are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement or sponsorship of MALAGO Online Shop by such owners.

TOYS & GAMES DISCLAIMER

READ: IMPORTANT SAFETY DISCLAIMER

WARNING: CHOKING HAZARD - Our Toys contains small parts. Not for children under 3 years.

Choose toys that are age-appropriate and meet your child's skill level and interest by reading the toy's label. Make sure toys are used in safe environments, such as keeping a riding toy away from stairs.

Supervise and be involved in your child's play.

Store toys intended for older children separately from toys used by younger children. Use a small parts tester to determine which small toys or parts are a choking hazard to children under age 3. A small parts tester allows for small objects to be inserted - if the object fits, it is a choking hazard.

Check toys regularly for damage and other hazards. Supervising your child's play, in addition to following the recommendations made by toy manufacturers could save lives. MALAGO's toys should not be used, played with, or handled without adult supervision and is a choking hazard for children under age 3. 

While MALAGO is committed to providing safe toys from safe third party suppliers to the public, it disclaims any and all liability arising from the mishandling of products and wrong usage of the same.

MALAGO assumes no responsibility for the misuse of our toy products. While every effort has been made to ensure the accuracy of the information on this website, shopmalago.com and its agents are not responsible for any errors or omissions. This information should NOT be taken to constitute legal advice or opinion.

Information herein is general and non-specific and is NOT intended to confer opinions or advice of any kind. MALAGO disclaims all responsibility and accepts no liability (including negligence) for consequences of any person acting, or refraining from acting, on this information. 

STOCK PHOTOGRAPHY & COPYRIGHT-FREE MODELS DISCLAIMER

The persons shown in photographs on this website are stock photography models (Models) and are not actual customers of, nor are they affiliated with, MALAGO’s direct and indirect parent companies, subsidiaries, or subsidiaries of its parent companies (“Affiliates”). MALAGO have obtained the rights to use the photographs via license agreements with certain third party stock photography companies and suppliers, copyright-free images, and MALAGO and Affiliate’s use of the photographs is in compliance with the terms of those license agreements.

The photographs showing the Models are used on this website for illustrative purposes only. The Models do not personally endorse MALAGO or any products, services, causes, or endeavors associated with, or provided by, MALAGO and its Affiliates. The context in which the photographs are used on this website is not intended to reflect personally on any of the Models shown in the photographs. MALAGO, their respective officers, directors, employees, agents and/or independent contractors assume no liability for any consequence relating directly or indirectly to the use of the photographs showing the Models on this website.

 

UPLOADED IMAGES DISCLAIMER

By uploading and applying your Image ("Image"), you warrant and represent that you own or otherwise control all of the rights to your Image, including all the rights necessary for you to provide, post, upload, input or submit the Image, and to transfer all such rights to MALAGO. In addition to the warranty and representation set forth above, by uploading and posting an Image that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use, and (b) that each person depicted in such Images, if any, has provided consent to the use of the Images, including, by way of example, the distribution, public display and reproduction of such Images. By posting Images, you are granting to all persons who have access to the Images, without compensation, permission to use your Images in connection with the use, including a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to third parties.


Before you upload an image, make sure that the image falls in one of the four categories:

Own work: You own all rights to the image, usually meaning that you created it entirely yourself.
Licensed:
 You can prove that the copyright holder has released the image under an acceptable license. Note that images that are licensed for use only on certain "channels", or only for non-commercial or educational use, or under a license that doesn't allow for the creation of modified/derived works, are unsuitable.  When in doubt, do not upload copyrighted images.

Public domain: You can prove that the image is in the public domain, i.e. free of all copyrights.

Fair use: You believe that the image meets the special conditions for non-free content, which exceptionally allow the use of unlicensed material, and you can provide an explicit non-free use rationale explaining why and how you intend to use it.

User-created images -- 

MALAGO encourages users to upload their own images. 

Such images can include photographs which you yourself took. The legal rights for images generally lie with the photographer, not the subject.

Images with you, friends, or family prominently featured in a way that distracts from the image topic are not recommended.  Some images may contain trademarked logos incidentally (or purposely if the image is either licensed, covered under freedom of panorama, or being too simple to be copyrightable). If this is the case, please tag it with ™.

 

Licensing --

You've obtained the right (paid or free) to exploit the image in all media throughout the universe for a specified amount of time; in the case of a pre-existing free license, if the place where you found the image does not declare a pre-existing free license, yet allows use of its content under terms commonly instituted by them, it must explicitly declare that commercial use and modification is permitted. If it does not so declare, you must assume that you may not use the image unless you obtain verification or permission from the copyright holder.

Public domain --

Public domain images are not copyrighted, and copyright law does not restrict their use in any way. 

Images may be placed into the public domain by their creators, or they may be public domain because they are ineligible for copyright or because their copyright expired. In the U.S., copyright has expired on any work published anywhere before January 1, 1923. Although U.S. copyrights have also expired for many works published since then, the rules for determining expiration are complex.

Free images should not be watermarked, distorted, have any credits or titles in the image itself or anything else that would hamper their free use, unless, of course, the image is intended to demonstrate watermarking, distortion, titles, etc. and is used in the related article. Exceptions may be made for historic images when the credit or title forms an integral part of the composition. Historical images in the public domain sometimes are out of focus; display dye dropouts, dust or scratches; or evidence of the printing process used. All photo credits should be in a summary on the image description page. These may be tagged ©.


Privacy rights --

When taking pictures of identifiable people, the subject's consent is not usually needed for straightforward photographs taken in a public place, but is often needed for photographs taken in a private place. This type of consent is sometimes called a model release, and it is unrelated to the photographer's copyright.

Because of the expectation of privacy, the consent of the subject should normally be sought before uploading any photograph featuring an identifiable individual that has been taken in a private place, whether or not the subject is named. Even in countries that have no law of privacy, there is a moral obligation on us not to upload photographs which infringe the subject's reasonable expectation of privacy. If you upload a self-portrait, your consent is presumed.

RESISTANCE BANDS DISCLAIMER

Always perform safety checks and inspect your bands carefully for any tears, wear or damage before each use. NEVER use a damaged band! Always use proper footwear when looping bands over the foot. Proper footwear does not include flat soiled shoes, which may allow the band to slip off the foot.

 



CONTACT US

Should you have any feedback, comments, requests for technical support or other inquiries, please contact us by email: info@shopmalago.com.