Introduction

This store Web site is a Web-based service operated by Clique, Inc. ("Clique"). Such service is referred to in this document as the "Clique Services."

Age Requirements

In order to use the Clique Services, you must be at least 13 years of age. If you are under 13 years-old, you may not use the Clique Services or this store Web site and you are instructed to leave this Web site. If you are between the ages of 13 through 17 years-old, you may use the Clique Services only under the supervision and with the consent of your parent or legal guardian.

Legal Agreement Between You And Clique

These Terms of Use constitute a legal agreement between you, the user of the Clique Services, and Clique. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the Clique Services. If you do not accept these Terms of Use in their entirety, you may not access or use the Clique Services.

Modification Of These Terms Of Use

Clique may wish to update or change the terms, conditions, and notices for the Clique Services from time to time to reflect changes in the Clique Services, changes in the laws affecting the Clique Services, or for other good reasons. You understand that Clique reserves the right to make these changes and that you are responsible for regularly reviewing these Terms of Use, as posted on this Web site. Continued access to or use of the Clique Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Clique Services shall be subject to the Terms of Use, as modified from time to time.

Clique ID

By making a purchase through the Clique Services or registering as a user of the Clique Services, you will be automatically registered as a user of Clique ID. You consent to such automatic registration, and you agree to fully comply with the Clique ID Terms of Use and the Clique ID Privacy Statement. The Clique ID Terms of Use and Privacy Statement are hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Clique ID Terms of Use and Privacy Statement. Please carefully review the Clique ID Terms of Use Privacy Statement. If you do not accept the Clique ID Terms of User and Privacy Statement in their entirety, you may not access or use the Clique Services.

Privacy And Personal Information

You are required to register to use the Clique Services. To set up an account, you must provide information about yourself and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored by the Clique Services. Clique agrees that it will only use and/or disclose your personal information in accordance with the terms of the Clique Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you may not access or use the Clique Services. The Privacy Policy shall supersedes any conflicting language in these Terms of Use.

You Are Responsible For Your Account

You are responsible for maintaining the confidentiality of your password, which is needed to access your account. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Clique immediately of any unauthorized use of your account. Clique is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Personal And Non-Commercial Use Only

You may only use the Clique Services for your own personal and non-commercial purposes. Each Clique account may only be used by a single user, and you may not allow or permit anyone else to use your Clique account to access the Clique Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Clique Services except as expressly provided in these Terms of Use.

Third-Party Sites

This Web site contains links to other Web sites controlled or operated by persons and companies other than Clique ("Linked Sites"). The Linked Sites are not under the control of Clique and Clique is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Clique is not responsible for Web casting or any other form of transmission received from any Linked Site, nor is Clique responsible if the Linked Site is not working correctly. Clique is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Clique of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the Clique Services or are identified on this Web site, including the delivery of and payment for goods and services.

Prohibited Uses

You agree that you will not: (1) use the Clique Services for any purpose that is unlawful or contrary to these Terms of Use; (2) use the Clique Services in any manner that could damage, disable, overburden, or impair the Clique Services or interfere with any other party's use and enjoyment of them; (3) attempt to gain unauthorized access to any Clique account, computer systems or networks associated with the Clique Services; or (4) obtain or attempt to obtain any materials or information through the Clique Services by any means not intentionally made available or provided for.

Acceptable Use Policy

You agree to fully comply with the Clique Acceptable Use Policy. The Acceptable Use Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Acceptable Use Policy. Please carefully review the Acceptable Use Policy. If you do not accept the Acceptable Use Policy in its entirety, you may not access or use the Clique Services.

Purchasing Terms

You may make various purchases in the course of using the Clique Services. You agree to fully comply with the Clique Purchasing Terms. The Purchasing Terms are hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Purchasing Terms. Please carefully review the Purchasing Terms. If you do not accept the Purchasing Terms in their entirety, you may not access or use the Clique Services.

Your Feedback and Suggestions Submitted To Clique

Clique wants your voluntary feedback and suggestions on the Clique Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Clique needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Clique, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Clique and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Clique's use of the materials contained within such feedback or suggestions. Clique is under no obligation to post or use any materials you may provide and may remove such materials at any time at Clique's sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Clique Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Clique Privacy Policy.

Your Photos, Artwork, Sound Recordings and other Materials Submitted to Clique

By submitting text, photos, artwork, sound recordings, software, data, or any other materials ("Your Materials"), you are giving us permission, in perpetuity, on a no-charge basis, to use the Your Materials in connection with the Clique Services, any advertisements and promotions, and for any other purpose for which Clique chooses to use the Your Materials. In particular, you understand and agree that by submitting any Your Materials to Clique or the Clique Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Clique and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Your Materials. These grants include the right to exploit any proprietary rights in such Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Clique's use of the Your Materials. Clique is under no obligation to post or use any Your Materials you may provide and may remove such Your Materials at any time at Clique's sole discretion. You certify and warrant that any Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Clique Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Clique Privacy Policy.

Content Available on the Clique Services

The Cliques Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Clique Services (all of these things are commonly referred to as "Content") are owned exclusively by Clique or others that have licensed their material to Clique. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using this Clique Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in this Terms of Use. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in this Terms of Use are reserved by Clique (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as "Trademarks") that appear on the Clique Services are owned by Clique or others that have licensed their use to Clique. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Clique for which money damages would be inadequate and in such event Clique will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Software Available on the Clique Services

All software (if any) that is made available to view and/or download from the Web pages that are part of the Clique Services ("Software") is owned by and is the copyrighted work of Clique and/or its suppliers or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Clique hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Clique Services in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Clique and/or its suppliers or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Clique for which money damages would be inadequate and in such event Clique will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Policy on Emailing, Blogging, Chatting

The Clique Services may include use of an email or blog hosting account or emailing, blogging, chatting, or message board activity (individually and collectively "Email/Blog/Chat Services"). Your use of the Email/Blog/Chat Services is subject to these Terms of Use.

You understand that Clique is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Email/Blog/Chat Services, and that your use of the Email/Blog/chat Services is at your own risk. Any and all Email/Blog/Chat Services are provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.

Clique is in no way liable for any claims arising from your use of any Email/Blog/Chat Services. As a condition of your use, you agree to indemnify Clique for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Email/Blog/Chat Services. Clique reserve the right, in its sole discretion and at any time: to modify or discontinue the Email/Blog/Chat Services; to limit, terminate or suspend your use of the Email/Blog/Chat Services; and to assess charges for the use of the Email/Blog/Chat Services in the future.

Warranty Disclaimer

CLIQUE AND ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS CONTAINED ON OR OBTAINED THROUGH THE CLIQUE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CLIQUE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL CLIQUE, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CLIQUE SERVICES, WITH THE DELAY OR INABILITY TO USE THE CLIQUE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE CLIQUE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE CLIQUE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CLIQUE OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CLIQUE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CLIQUE SERVICES. In no event will Clique's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Clique Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Customer Support

Clique may provide information about how to use the Clique Services. If you have any questions about the Clique Services or any problems that you would like to report, please submit your question to customer support online at http://support.teddygeigerstore.sparkart.com/faq.php.

Tech nical Requirements

In order to use the Clique Services, we recommend the hardware and software specified below. Clique is not responsible for any failure to operate the Clique Services resulting from you not using the recommended hardware and software.

PC:
• Pentium III 700 mhz or higher
• Windows XP or higher
• Minimum 100 MB available hard drive space
• Minimum 256 MB of RAM

Mac:
• G4 Processor or higher
• Mac OSX 10.3 or higher
• Minimum 100 MB available hard drive space
• Minimum 256 MB of RAM

Termination And Restriction Of Access

Clique reserves the right, in its sole discretion, to terminate your access to the Clique Services or any portion thereof at any time, without notice. Clique may also terminate or suspend your access to the Clique Services for breach of this Terms of Use or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Clique. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Clique Services, Clique will not terminate your access to the Clique Services prior to the expiration of your subscription period without good cause. Good cause includes your breach of this Terms of Use. If you cancel your Clique Services subscription prior to the expiration of the subscription period for any reason, Clique will not refund to you any fees paid in advance of such cancellation. Upon termination of your Clique account, your right to use the Clique Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Clique shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The Clique Services may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your subscription, if any.

General

These Terms of Use are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco, California, U.S.A. in all disputes arising out of or relating to the use of the Clique Services. Clique makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clique as a result of these Terms of Use or use of the Clique Services. Clique may assign these Terms of Use, in whole or in part, at any time. Clique's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Clique's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Clique Services or information provided to or gathered by Clique with respect to such use. You agree to indemnify and hold Clique, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Clique Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference; namely, the Privacy Policy, the Acceptable Use Policy, the Purchasing Terms, the Clique ID Terms of Use and the Clique ID Privacy Statement) constitute the entire agreement between you and Clique with respect to the Clique Services and the Clique ID Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Clique with respect to the Clique Services or the Clique ID Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Intellectual Property Notices

All contents of this Web site are: Copyright (c) 2005 by Clique, Inc. or its suppliers. All rights reserved.

"Clique" and "Clique ID" are trademarks and service marks of Clique, Inc. The company, product, and brand names of companies, products and services mentioned herein or on this Web site may be the trademarks and service marks of their respective owners.

Clique, Inc. may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Clique Services, including the Web pages that are part of the Clique Services. Except as expressly provided in these Terms of Use, the provision of the Clique Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Revised February 10, 2005