Farco ToyCo LLC – Terms of Service

Effective Date: December 10, 2025

Welcome from Farco ToyCo LLC (“Farco ToyCo,” “we,” “our,” or “us”) to the Farco ToyCo website (“our website”). These Terms of Service (“Terms”) govern your access to and use of our website, online store, social media, design submission platform, and related services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Company Information

Farco ToyCo LLC
P.O. Box 296
Wantagh, NY 11793
Email: info@FarcoToyCo.com

The Farco Heroes Program offered through the Farco ToyCo website allows users to share their creations that use Farco ToyCo products and show off their creativity and ingenuity, showcase their user generated content, and vote for the next new project while getting credit for your creation. Any content, drawing, design, idea, creative work, toy ideas and designs, or any other disclosure reduced to any tangible medium (including computer readable code) that you provide to Farco ToyCo shall hereinafter be referred to as a “Submission”.

2. Eligibility and Accounts

To use certain parts of our Services, you may need to create an account. All accounts must be tied to a bona fide email address or social networking profile you own and operate and you agree to provide accurate, complete, and up-to-date information regarding the same. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

Minor users (users under 18 years of age) will not be permitted to provide Submissions to the Farco ToyCo website unless the parent/legal guardian provides written confirmation in an order by a Court or other tribunal that the minor user and parent/legal guardian agree to each and every term in this TERMS of SERVICE and the Farco ToyCo Farco Heroes Guidelines, including the assignment to Farco ToyCo of such minor user’s intellectual property rights in and to the Submission and all derivative works of the same. Active participation on our website is not open to residents of any other country which is subjected to sanctions or where prohibited or restricted by law, for as long as such sanctions or legal restrictions remain in place. In the event that shipping royalties or granting monetary royalties to a non-sanctioned country is restricted for a period of time, royalties will be shipped at a later point when normal shipping operations resume. Residents of sanctioned countries will not be eligible for any remuneration for their Submissions as long as sanctions remain in place.

3. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not engage in any conduct that could damage, disable, or impair our Services or interfere with any other party’s use. We will not consider any Submissions written, developed, or assisted by the use of any artificial intelligence (“AI”) writing or image tools such as ChatGPT, DALL-E, Midjourney, etc. Attempting to provide Submissions or other user generated content containing content generated by AI tools or otherwise deemed inappropriate may result in your Submission being rejected or having to relinquish any benefits you may have.

As part of its Services, Farco ToyCo may collect, retain, and process personal data about you in accordance with all applicable data protection laws, including the General Data Protection Regulation and applicable local data protection legislation. Details regarding data collection, use, storage, retention, deletion, who we share your data with and when, as well as your rights as a data subject, can be found in our Privacy Policy.

4. User Submissions and Intellectual Property

Farco ToyCo welcomes designers and creators to provide Submissions through our platform via the Farco Heroes Program. By providing Farco ToyCo your Submission, you represent that with the exception of all intellectual property owned by Farco ToyCo, you are the original creator of the Submission and that your Submission does not infringe the rights of others, including rights of publicity, intellectual property rights, etc. If your Submission is the creation of multiple persons, then for said Submission to be eligible for remuneration, you must provide proof of all other person(s) and an assignment from those persons to you or an agreement by all other person(s) to the Submission and agreement to be bound by the instant Terms of Service of Farco ToyCo. By supplying a Submission, you expressly indemnify Farco ToyCo from any liability that may be incurred as a result of your Submission, including all legal fees, costs, settlements, and other expenses incurred as a result of the Submission being an infringement of any third party’s rights.

By submitting your Submission, you grant Farco ToyCo a worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to make, use, sell, offer for sale, import, reproduce, display, modify, distribute, and create derivative works from your Submission for evaluation, development, marketing, or production purposes. Farco ToyCo will make reasonable efforts to credit designers whose ideas are selected for further development in accordance with the Farco Hereos Program.

Text, graphics, images, sound and other content on this Site are protected by copyright law and are either the property of, or used with permission by, Farco ToyCo. Farco ToyCo reserves all rights to the content, including the right to exploit the content for the purposes of text and data mining. You may not copy or download any content from the Site unless you are expressly authorized to do so.

Farco ToyCo does not warrant or represent that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Farco ToyCo. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Service. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Farco ToyCo.

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to content on the Site. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Site content. We reserve all rights in owned and licensed content that are not expressly granted to you in these Terms of Service. Making unauthorized copies of content may result in the termination of your user account, prohibition from using this Site and further legal action.

5. No AI

We do not consent to this Site being used or downloaded by any third parties for the purposes of developing, training, or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorized by Farco ToyCo in writing. Absent such consent, users of this Site, including any third parties accessing the Site through automated systems, are prohibited from using any of the contents of the Site for Artificial Intelligence Purposes. Users or automated systems that fail to respect these choices will be considered to have breached these Terms of Service.

6. Intellectual Property Ownership

All trademarks, logos, trade names, designs, and content appearing on our Services are owned by Farco ToyCo LLC. You may not copy, reproduce, or distribute any materials from our Services without our prior written permission.

In exchange for your use of the Site, and to the extent that your Submissions on the Site give rise to any intellectual property right interest, including copyright, patent rights, design rights, trade secrets, moral rights, either in whole or in part, you hereby assign all rights worldwide to the content generated by you to Farco ToyCo LLC, meaning that we and our affiliates and those in privity with Farco ToyCo LLC have unrestricted use of your Submissions in any way and for any purpose, including to reproduce, manufacture, copy, adapt, modify, perform, display, publish, sell, broadcast, transmit, or communicate to the public by any means whether now known or unknown and distribute your contributions for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions.

Although you assign the above-noted rights in your Submissions to Farco ToyCo LLC, you can continue to share and promote your work for strictly non-commercial uses. Accordingly, we grant each submitter a limited, revocable license to make use of their Submission(s) for any of the following non-commercial uses:

• Posting pictures or other information about a Submission on your own website or social media page(s);
• Displaying any exemplars (e.g., physical representations, models, drawings, other forms reduced to tangible media) of your Submission at a public event;
• Permitting a photograph or other content or information about your Submission to be published in a magazine or book, or in an online forum such as a fan website or a blog, provided that no compensation is paid to you either directly or indirectly;
• Inclusion of pictures or other information or content about a Submission in a portfolio of your work(s);
• Entering the Submission to any other contest, crowdsourcing program, or open innovation initiative offered by third parties and for which monetary or other consideration can potentially be obtained for such entry;
• Using any of the above methods to gain support on in the Farco Heroes Program, or to promote your skill and talent.

You may not sell any items, either physical or digital items, related to your Submissions. More specifically, if we learn you are selling images, building instructions, custom kits, or anything related to your Submission, you will forfeit your eligibility under the Farco Heroes rules and subject yourself to potential legal liability in a Court of law, the jurisdiction for which you agree will be in the state of New York and in the Eastern District of New York or courts in Nassau County, New York applying New York and regardless of conflicts of laws provisions at the state or federal level.

You agree that if Farco ToyCo introduces a product, design, idea, or work of creative expression similar to your Submission, you understand and acknowledge that any coincidence is unintentional, and agree to indemnify and hold Farco ToyCo harmless and release us from any and all claims of infringement.

All rights assigned to Farco ToyCo related to your Submissions remain assigned to Farco ToyCo indefinitely.

7. Farco Heroes Program

Pursuant to the Farco Heroes Program, Farco ToyCo chooses at our sole discretion whether to commercialize your Submission. We will inform you of our decision and anticipated time frame for such commercialization. There may be external factors that delay the timing, such as license negotiations with IP holders. Also, you agree to furnish further requested personal information in a timely fashion including professional headshot and bio for giving you proper credit within the project collateral to meet production deadlines.

Should we choose to commercialize your Submission, you will be compensated according to the following guidelines (and any others that may be in place at the time your project receives 1,000,000 likes on at least one social media account run by Farco ToyCo). Likes among separate Farco ToyCo accounts cannot be aggregated and likes for your Submission on any other social media account, including your own, will not count towards the total likes needed under the Farco Heros Program:

• STEP 1: On or after the 1,000,000th like being received on social media owned and/or operated by Farco ToyCo for your Submission, Farco ToyCo will contact you for information confirming the independent creation of the Submission, along with at least two witnesses or videographic evidence to corroborate your creation account. Exceptions may be made upon further discussion. During that time you are to provide at least two physical representations of your Submission and digital instructions on how to construct the Submission;
• STEP 2: Following confirmation of ownership in STEP 1, Farco ToyCo will conduct a feasibility study to be concluded within 60 days from the later of: (i) completion of STEP 1; or (ii) the date of receipt of a physical representation and instructions of your Submission at the Wantagh location of Farco ToyCo;
• STEP 3: Following STEP 2, you will be contacted for personal information that would be publicly presented on the Farco ToyCo website identifying you as a Farco Hero.
• STEP 4: Following STEP 3 and upon the commercial release of Farco ToyCo’s rendition of the Submission, you will be compensated in the following manner:
• Your name, likeness, and personal description will appear on the Farco ToyCo website under the “Farco Heroes” tab;
• You will receive the first $10,000 worth of sales of the Submission as commercialized by Farco ToyCo at the address provided in response to STEP 3;
• After the first $10,000, you will receive 5% on the net sale of each Submission product sold by Farco ToyCo until you reach $250,000 in royalties.

Your right to compensation in the above Farco Heroes Program and its terms of payment may be assigned or transferred by proper written agreement sent to Farco ToyCo, such written consent will not be unreasonably withheld.

You agree not to take advantage of the Site for commercial gain outside of the context of the platform. Therefore, you may not sell any items, physical or digital, related to content you have submitted and later delete or remove from the platform.

8. Taxes

Reporting any compensation received, and paying any taxes due, to your home tax authorities are solely your responsibilities. Farco ToyCo is not responsible for and will not pay any taxes imposed by your home tax authorities. All payments made under these Terms of Service and the Farco Heroes Program shall be free and clear of any and all taxes, duties, levies, fees or other charges.

In the event of an applicable Double Taxation Agreement or Treaty that reduces, but does not eliminate a withholding tax, we shall deduct any withholding taxes from payment and pay such withholding tax to the appropriate government authority.

9. Purchases and Payments

When purchasing products through our online store, you agree to provide valid payment information and authorize us to charge the applicable amount. Prices, taxes, and shipping fees are subject to change without notice. All sales are final except as required by law or as otherwise stated in our return policy.

10. Limitation of Liability

To the fullest extent permitted by law, Farco ToyCo shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our Services or products. Our total liability for any claim shall not exceed the amount you paid, if any, for the relevant product or service.

11. Disclaimer of All Warranties

Our Services and products are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

12. Termination

We reserve the right to suspend or terminate your account or access to our Services at any time, with or without cause or notice, if we believe you have violated these Terms.

13. Governing Law and Jurisdiction

These Terms and any disputes arising under them shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Nassau County, New York.

14. Changes to Terms

Farco ToyCo may modify these Terms at any time. Updated Terms will be posted on our website with a new effective date. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

15. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

info@FarcoToyCo.com