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Terms of Use

Welcome to the THE GIANT PEACH website (the "website" or this website). THE GIANT PEACH provides this website as a service to its customers. Please review the following basic rules that govern your use of our website (the "Agreement"). Please note that your use of our website constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this website.

Although you may "bookmark" a particular portion of this website and thereby bypass this Agreement, your use of this website still binds you to the terms. Since THE GIANT PEACH may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.

WEBSITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this website (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by THE GIANT PEACH. The website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by THE GIANT PEACH. All trademarks are property of their respective owners.

This website and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the website or any related software.

USER COMMENTS, FEEDBACK, POSTCARDS & OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to THE GIANT PEACH on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the "Comments") shall be and remain THE GIANT PEACH's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to THE GIANT PEACH of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, THE GIANT PEACH will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. THE GIANT PEACH is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

PRODUCT COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

LINKS TO OTHER WEBSITES & SERVICES
This website may contain links to other websites that are not under the control of THE GIANT PEACH. THE GIANT PEACH has no responsibility for the linked websites nor does it necessarily endorse the linked websites. THE GIANT PEACH provides the links solely for the convenience and information of its website users.

DISCLAIMER
THE GIANT PEACH provides the materials on this website "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. THE GIANT PEACH expressly disclaims any duty to update or revise the materials on this website, although THE GIANT PEACH may modify the materials at any time without notice. By your use of this website, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website. You further acknowledge that THE GIANT PEACH shall not be liable for any damages of any kind related to your use of this website.

INDEMNIFICATION
You agree to defend, indemnify and hold THE GIANT PEACH harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website.

MISCELLANEOUS
Unless otherwise specified, this website and the Contents thereof are displayed solely for the purpose of promoting THE GIANT PEACH's products and services available in the United States, Canada, and elsewhere. This website is controlled and operated by THE GIANT PEACH from its offices in Alameda, California.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California. 

These terms are effective unless and until terminated by either you or THE GIANT PEACH. This Agreement may be terminated at any time by THE GIANT PEACH.

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