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1. Scope and Subject Matter of the Contract

1.1 Ravensburger North America Inc., 400 2nd Ave West, Suite 700, Seattle, WA 98119, E-mail: [email protected], Phone: +1 603 257-1500 ("Ravensburger North America Inc." hereinafter also referred to as "we" or "us") allows users to create a Ravensburger customer account for our Ravensburger online offers ("Customer Account"), which you can use to log in to the Ravensburger online shops, the tiptoi® Manager and our apps with registration option.

1.2 These Terms of Use for the Ravensburger Customer Account (these "Terms of Use") govern our contractual relationship between you and Ravensburger AG regarding the use of your Customer Account. These Terms of Use do not contain any terms related to and shall not apply to, any purchases in the Online Shop (other than in connection with the Loyalty Points that may be earned in connection with such purchase). There are separate terms and conditions associated with any such order.

1.3 To create an account, you must be (i) a natural person, (ii) at least 18 years of age and (iii) entering into this contract for purposes that are personal in nature and not for commercial purposes, which include but are not limited to any self-employed professional activity.

1.4 These Terms of Use will be presented to you during the registration process and at any other time under https://www.ravensburger.us/en-US/service/tos-club-account, where you can save and print out. We will not retain a copy of these Terms of Use or our contract after the termination or expiration of our relationship.

2. Creating a Customer Account

There are no fees for creating a Customer Account. However, you must accept these Terms of Use, our Privacy Policy https://www.ravensburger.us/en-US/start/privacy-policy and the Terms of Use for the Ravensburger Loyalty Points Program https://www.ravensburger.us/en-US/service/tos-club-account if you choose to participate in the Loyalty Points Program.

There is no obligation to buy any product or service when creating your Customer Account. By creating a Customer Account, you opt for an uncomplicated online experience on many Ravensburger platforms. The Customer Account provides your data at the touchpoints so that you can take advantage of our offers and services quickly and easily.

2.1 Your Customer Account also offers you a number of advantages over guest orders, such as the storage of your address and payment data, the easy management of delivery and billing addresses, an overview of orders already placed and the check of the status of current orders, as well as the possibility of earning Loyalty Points through our Loyalty Points Program. To register for a Ravensburger Customer Account, you can click this link: "Register now" (ravensburger.us). You will be redirected to an overview that contains detailed information about your Customer Account and the option to register.

The provision of the registration option offered does not yet constitute a binding offer from us to create the Customer Account. You make a binding offer to conclude the contract by providing all the required information during the registration process, accepting these Terms of Use, our Privacy Policy and the Terms of Use for the Ravensburger Loyalty Points Program https://www.ravensburger.us/en-US/service/tos-club-account and clicking the "Register Now" button ("Offer“). By registering for a Customer Account, you will have the opportunity to earn and redeem Loyalty Points on the basis of the terms and conditions of use of the Ravensburger Loyalty Points Program. Of course, you may use your Ravensburger Customer Account without participating in the Ravensburger Loyalty Points Program and you can cancel your participation at any time in accordance with the Club Terms of Use for the Ravensburger Loyalty Points Program.

2.2 Upon receipt of the offer by us, we will send a confirmation of your registration by email to the email address you provided during the registration process ("Confirmation of Receipt Email"). This confirmation of receipt e-mail does not yet constitute acceptance of your offer by us. This confirmation email contains an activation link that you can use to confirm your email address. The confirmation of your e-mail address is mandatory for registration. The contract becomes effective when we have expressly accepted the offer by sending a further e-mail with a contract confirmation ("Confirmation of Contract").

2.3 Up to a click on "Register now", you can cancel the registration or change the information provided at any time by deleting, supplementing or correcting the information provided in the various fields or by closing your web browser or tab. After completing the registration process, you can add or change the information provided in your Customer Account at any time.

3 Use of the Customer Account; Obligations as a registered user

3.1 All information you provide must be complete, correct and truthful. You are obliged to keep all information in your Customer Account up to date.

3.2 You may only create a single Customer Account and not register multiple times.

3.3 The Customer Account is a personal user account and therefore non-transferable. Unless otherwise agreed with us, you are not entitled to transfer your Customer Account to third parties or to provide your login details to third parties.

3.4 You must treat the login data confidentially. Please inform us immediately if you have reason to suspect that your password has been disclosed to unauthorized third parties or that third parties have otherwise gained unauthorized knowledge of it.

4. Data protection in the Ravensburger Customer Account

We collect and process your customer data (in particular name, address, customer number) for the performance of these Terms of Use and our contract regarding your Customer Ac-count. We do this within the scope of applicable data protection law to maintain the cus-tomer relationship and for our own marketing purposes. In doing so, we adhere to our data protection conditions, which can be accessed under https://www.ravensburger.us/en-US/start/privacy-policy.

5. Disclaimer of Warranties and Limitations of Liability

5.1 Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or your Customer Account will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to our site and your Customer Account for any reconstruction of any lost data.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of your customer account or our website or any services or items obtained through your customer account, our website or your downloading of any material related to your customer account or our website.

Your use of your customer account, its content, and our website is at your own risk. Your customer account, its content, and our website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Ravensburger AG nor any person associated with Ravensburger AG makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither Ravensburger AG nor anyone associated with Ravensburger AG represents or warrants that your customer account, our website, or its content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that your account, our website or any server that makes any of the foregoing available are free of viruses or other harmful components, or that your customer account, our website or any of its content will otherwise meet your needs or expectations.

To the fullest extent provided by law, Ravensburger AG hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
 

5.2 Limitation on Liability

To the fullest extent provided by law, in no event will Ravensburger AG, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, your customer account, any content of your customer account, or our website, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The limitation of liability set out above does not apply to liability resulting from our gross negli-gence or willful misconduct or death or bodily injury caused by any Ravensburger AG product or service.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

6 Runtime; Notice

6.1 The contract for the use of your Customer Account shall continue until it is terminated as provided hereunder. You can terminate the contract at any time via "Your Account" on the website or in the app without notice. To carry out an ordinary termination, please proceed in the steps described below:

a) After logging in, select the option "Delete profile" in the profile area under "Settings"

b) Enter your password, confirm the deletion of your Customer Account and select "Delete Customer Account"

c) In the pop-up window, confirm the deletion of the Customer Account again.

6.2 We may terminate our contract and your use of the Customer Account upon no less than 14 (fourteen) days prior notice.

6.3 By terminating your contract and your use of your Customer Account, the contract for partici-pation in the Loyalty Points Program will also be terminated, as participation in the Loyalty Points Program is not possible without a Customer Account. However, participation in the loyalty points program is not a prerequisite for the use of the Ravensburger Customer Account and you have the option to terminate your participation in the loyalty points program alone in the following steps and thus waive this advantage of the Customer Account:

a) After logging in, select the option "Leave Ravensburger Club" in the profile area under "Settings"

b) Enter your password, confirm "Yes, leave club".

c) In the pop-up window, confirm again the termination of your participation in the Ravensburger Club."

6.4 You must use your Customer Account to keep your Customer Account active. If you have not logged in for 4 (four) years, we will assume that your account is inactive. However, before we close your Customer Account for you and terminate the contract for the use of your Cus-tomer Account, we will give you a reasonable period of at least 30 (thirty) days. If you object to deletion during this period or use your Customer Account during this time and, for exam-ple, log in, we assume that your Customer Account will be actively used (again). If you do not take action within this period, we will delete your Customer Account. We will inform you separately of this legal consequence, i.e. the right to object, the use of the Customer Account to prevent deletion, the significance of the inactivity and the exact date of the upcoming deletions in an e-mail.

7 Changes to these Terms of Use

We reserve the right to change these Terms of Use at any time while safeguarding the legitimate interests of the user. Specifically, we may amend and adapt these Terms of Use with effect for the future as described below, if there is a valid reason for the change and insofar as the changes are reasonable taking into account your and our interests. A valid reason exists in particular if the changes are necessary to a not insignificant extent due to a disruption of the equivalence of the contract that was unforeseeable for us at the time of conclusion of the contract, are necessary for technical reasons or are necessary for the further performance of the contract due to changes in case law or law. Of course, we will send you the amended terms of use in text form at least 8 (eight) weeks before the planned entry into force and explicitly point out the new regulations and the date of entry into force. At the same time, we will give you a reasonable period of at least eight weeks to declare whether you will accept or object to the amended Terms of Use. If no declaration is made by you within this period, which begins to run from the receipt of the message in text form, the amended terms of use shall be deemed to have been agreed. We will point out this legal consequence separately to you at the beginning of the period, specifically the right to object, the objection period and the legal significance of your silence. A change to a main performance obligation is only possible with your express consent.

8. Changes to Your Customer Account

8.1 In addition to any changes or updates necessary to maintain the compliance of the Customer Account, we (or any other party designated by us) may periodically make updates and changes to the Customer Account at any time for any reason and without notice to you. All changes will be made at no additional cost to you.

8.2 If such a change adversely affects your access to or use of the Customer Account and such adverse effect is more than minor ("Adverse Change"), we will provide you with at least 8 (eight) weeks' advance notice in writing ("Change Notice"). The notice of change contains the characteristics and time of the adverse change as well as the note that you can terminate your contract via your Ravensburger Customer Account in accordance with Section 6 of these Terms of Use at any time on "Your Account" on the Website or in the App without observing a notice.

9. Applicable Law

9.1 These Terms of Use and your use of your Customer Account are governed by the internal laws of the State of New York, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) and to the exclusion of the uniform UN Convention on Contracts for the International Sale of Goods (CISG). [NOTE TO RAVENSBURGER: We suggest that you use the laws of a US state (e.g., Delaware or New York) as it will be more acceptable to most US businesses and there are not as many required provisions under these laws as there are in Germany.]

9.2 Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or your Customer Account shall be instituted exclusively in the federal courts of the United States located in the City of New York, New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in any other relevant court or country, including Germany. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. General; Contracting Party

10.1 By creating a Customer Account, you will have the opportunity to earn loyalty points ("Loyalty Points ") as part of your registration with the Ravensburger Club (the “Loyalty Points Program“) in accordance with these additional terms and conditions of use for the Loyalty Points Program ("Club Terms of Use") .

BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE CLUB TERMS OF USE, AS WELL AS ALL TERMS APPLICABLE TO YOUR USE OF OUR WEBSITE. IF YOU DO NOT AGREE TO THESE CLUB TERMS OF USE, DO NOT PARTICIPATE IN THE LOYALTY POINTS PRO-GRAM.

10.2 These Club Terms of Use govern your use of the Loyalty Points Program. These Club Terms of Use do not contain any terms related to and shall not apply to, any purchases in the Online Shop (other than in connection with the Loyalty Points that may be earned in connection with such purchase). There are separate terms and conditions associated with any such order.

10.3 Only individual natural persons who have reached the age of 18 and reside in the US are eligible to participate in the Loyalty Points Program. The place of residence is the main residence of the participant. Participants must provide their contact details truthfully and keep them up to date at all times. Information about the person and the place of residence must be proven to us on request. Participants are required to provide a valid email address. There is no legal entitlement to admission to participate in the Loyalty Points Program. We may refuse admission to the Loyalty Points Program for any reason.

11. Participation in the Loyalty Points Program

11.1 You will not incur any costs for membership in the Ravensburger Club and the associated participation in the Loyalty Points Program. However, you must accept the Terms of Use [link] as well as these terms of use for the Loyalty Points Program, including our Privacy Policy [link]. In the event of any conflict between the provisions of the Terms of Use available at [● link ] and these Club Terms of Use, the provisions of the Terms of Use shall prevail.

11.2 In order to earn and redeem Loyalty Points, you must create a Customer Account in accord-ance with section 2 of the Terms of Use. Please note that additional information may be required to take full advantage of the Loyalty Points Program. If this is the case, we will explicitly state this.

12. Earning and redeeming Loyalty Points

12.1 After successful registration in accordance with the Terms of Use, you are entitled to earn points in your account as part of the Loyalty Points Program.

12.2 You can earn points as soon as you create a Customer Account. For previous purchases or other activities (e.g. a previous user review), we will not be able to credit you with Loyalty Points retrospectively.

12.3 By creating a Customer Account and participating in the Loyalty Points Program, you can earn Loyalty Points through the following actions, for example:

  • Welcome gift: When you register for the Ravensburger Club for the first time, you will receive 500 Loyalty Points as a welcome gift.
  • Online purchases: For every $1 spent on qualifying purchases, you will receive 10 Loyalty Points. If you purchase a qualifying product through one of our online shops, the purchase price of the products will be converted into Loyalty Points in accordance with section 13.11 and credited to your account. Taxes, donations, and fees will be excluded from a purchase total when computing qualifying purchases. 
  • Complete profile information: If you complete your profile information, you will receive the number of points shown in your profile.

When making a purchase qualifying for Loyalty Points, we will inform you of the amount of Loyalty Points for a respective promotion or purchase before the promotion or purchase. Other ways of earning Loyalty Points and any additional terms associated therewith may be announced in the Ravensburger communication media – in particular on our website, in our online and offline catalogues, on our social media profiles, in the app or in stores.

12.4 You must be logged in to your Customer Account on the Website in order to earn Loyalty Points for your qualifying online purchases or for online promotions that qualify for Loyalty Points.

12.5 Loyalty Points will be credited to your account after the respective promotion that entitles you to earn Loyalty Points. In the event an item for which you earned Loyalty Points is returned in accordance with our return policy the associated Loyalty Points will be deducted from your account. If actions that entitle you to collect Loyalty Points are reversed, you will not receive any loyalty points. As a result, it may happen that your Loyalty Points account shows a negative Loyalty Points balance. You can turn your negative Loyalty Points balance back into a positive balance through qualifying purchases and promotions that entitle you to earn Loyalty Points.

12.6 In addition, we reserve the right to deduct Loyalty Points from your account if we determine that you have received Loyalty Points as a result of error, fraud or deception, or in any unauthorized way. Furthermore, we reserve the right to cancel any member’s account at any time if such member violates these Club Terms of Use or the Terms of Use, engages in fraudulent conduct, or otherwise abuses the Loyalty Points Program, as determined in our sole discretion.

12.7 You can find information about the status of your Loyalty Points, past orders, returns and much more in your Customer Account.

12.8 Please note that you do not earn Loyalty Points when you redeem or purchase a gift card.

12.9 You can earn a maximum of 100,000 Loyalty Points in your account as part of our Loyalty Program as a limit on how many Loyalty Points a customer can have in their account at once. We will let you know before making a qualifying purchase if you would reach this point limit with the loyalty points credited to you for the intended purchase or promotion and therefore these loyalty points could not be credited to you.

12.10 You can redeem Loyalty Points, for example, as follows:

  • Discounts: When you order a qualifying product from us, you have the opportunity to redeem your Loyalty Points as a discount on the purchase price. Every 100 Loyalty Points can be redeemed for a $1 discount on qualifying purchases. Qualifying products are determined by us.
  • Special promotions: Certain products may be available only to members of the Loyalty Points Program and these may be purchased at a discount through the use of Loyalty Points.
  • Other ways of redeeming Loyalty Points and any additional terms associated therewith may be announced in the Ravensburger communication media – in particular on our website, in our online and offline catalogues, on our social media profiles, in the app or in retail.

You cannot:

  • Redeem your Loyalty Points to purchase vouchers or gift cards. Redeem Loyalty Points for cash. Loyalty Points have no cash value.
  • You cannot transfer your Loyalty Points or rewards to other people or accounts.
  • Use the Loyalty Points or participate in the Loyalty Points Program for any commercial purpose. The program is intended for personal use only.

For every $1 spent on qualifying purchases, you will earn 10 Loyalty Points. For purposes of redeeming, every 100 Loyalty Points can be redeemed for a $1 discount. Example: A Loyalty Points member who purchases $50 of qualifying items would earn 500 Loyalty Points. That member could subsequently redeem those 500 Loyalty Points for a $5 discount on a qualifying purchase.

You can either redeem the Loyalty Points you have earned on your next qualifying purchase, or you can collect your Loyalty Points until you have enough Loyalty Points to unlock an exclusive offer. You can find all our Loyalty Points offers in your Customer Account under "Ravensburger Club".

When Loyalty Points have been redeemed, your Loyalty Points balance will be reduced by the number of Loyalty Points redeemed.

You can redeem as many of your earned Loyalty Points as you want on your qualifying online pur-chases. You can also redeem only a part and save the rest for a reward or a later purchase.

13. Expiration of Loyalty Points

If Loyalty Points are not redeemed in accordance with these Club Terms of Use within 48 months of the Loyalty Points being earned, such Loyalty Points will expire at the end of the following quarter.

14. Other benefits of the Loyalty Points Program

We regularly offer other benefits to members of the Loyalty Points Program ("Loyalty Points Program Benefits“). You can retrieve it from https://www.ravensburger.us/en-US/service/my-account/loyalty. There you will also find the respective requirements to claim the corresponding Loyalty Points Program Benefits. Whether you are entitled to claim certain benefits may be related to your Loyalty Points balance. These can include, for example, the following Loyalty Points Program Benefits:

  • Personalized product offers and recommendations: If you are logged in, you will receive personalized recommendations for our products and information about offers in your Customer Account. These are based on your previous user behavior.
  • Surprise gifts: Loyalty Points Program members may receive a surprise, such as a gifted product or voucher, on certain special occasions (such as their first online purchase or the one-year anniversary of earning loyalty points).

15. Liability & Data Protection in the Loyalty Points Program

15.1 With regard to liability, Section 5 of the Terms of Use shall apply accordingly.

15.2 We collect and use your customer data (in particular name, address, customer number) as well as the point data (in particular purchased goods, price, number of points) for the per-formance of these Club Terms of Use and for the processing of the Loyalty Program. We do this within the scope of applicable data protection law, to maintain the customer relationship and for our own marketing purposes. In doing so, we adhere to our data protection conditions, which can be accessed under https://www.ravensburger.us/en-US/start/privacy-policy 

We are not responsible for the use of a member’s Loyalty Points account by an unauthorized individual. In the event the member’s Loyalty Points account is stolen or compromised, and the Loyalty Points or rewards are redeemed, the member must promptly inform us, and we will investigate the report and determine in its sole discretion what remedy, if any, may be available.

16. Runtime; Notice

16.1 With regard to term and termination, Section 6 of the Terms of Use are incorporated by this reference.

16.2 Participation in the Loyalty Points Program as part of your Customer Account is only possible as long as your contract for the use of your Customer Account has not been concluded in accordance with Section 6 of the Terms of Use. In accordance with Section 6 of the Terms of Use, you are free to terminate this contract via the Loyalty Points Program alone and to use your Customer Account without being a member of the Loyalty Points Program.

16.3 If you unsubscribe from the Ravensburger Club and its loyalty points program and/or delete your customer account, the benefits you have collected will expire. You will then no longer be able to redeem loyalty points. In the event of ordinary termination by us, we will provide you with your loyalty points as a voucher that you can redeem in our online shop. In the event of a justified extraordinary termination by us, our contractual relationship will end when the termination takes effect and you will no longer be entitled to redeem the loyalty points you have collected.

17. Changes to the Club Terms of Use

For the changes to the Club Terms of Use, Section 7 of the Terms of Use are hereby incorporated by reference.

18. Changes to the Loyalty Points Program

The Loyalty Points Program may be changed or discontinued at any time at our sole discretion, with or without notice to you. On all program matters or disputes, our decision is final.

19. Applicable law and dispute resolution

With regard to applicable law and dispute resolution, Section 10 of the Terms of Use is hereby incorporated by reference.

The Terms of Use, our Privacy Policy, and, if applicable, the Club Terms of Use, constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.