1.GENERAL RULES AND DEFINITIONS
This Website is not intended for or directed to anyone under the age of 13. By using this Website, you warrant that you are at least 18 years of age or, if you are between the age of 13 and 17, you access this Website with parental supervision and consent. You must be at least 18 years of age to create an account, to make a purchase, or to submit User Content (as defined below) on this Website.
We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Website or any portion thereof; (ii) restrict, limit, suspend or terminate any user’s access to this Website or any portion thereof; (iii) monitor any user’s activities on this Website to verify and ensure that user’s compliance with these Terms of Service and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms of Service or any applicable law and cooperate with authorities in such investigation.
When you use this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on this Website, or through your account on this Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.REGISTRATION AND SECURITY
By creating an account on this Website, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all use of your username and/or password and must keep these details secure. If you allow others to use your account, you are responsible for all their activities on your account.
4.TERMS OF SA LE
If you make a purchase for a Toy & Baby product on this Website, your also accept and agree to be bound by the Toy & Baby Terms of Sale , which will apply to and govern your purchase and related matters (including return/refund, warranty matters, etc.). The Toy & Baby Terms of Sale constitutes an integral part of these Terms of Service and is incorporated herein by reference. All references hereinafter to these Terms of Service shall be deemed to include the Toy & Baby Terms of Sale .
We do not permit or tolerate any illegal, abusive, harmful or improper use of this Website. Without limiting the generality of the foregoing, you shall not:
- use this Websiteother than for your own personal/household, lawful and non-commercial use only;
- copy, reproduce, publish, distribute (by sale, rental or otherwise), license, sublicense, publicly perform or display, alter, modify, or create derivative works from, any portion of this Website or any Toy & BabyContent (as defined below), unless expressly otherwise authorized in writing by Toy & Baby;
- decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of, this Website or any software program or application associated with this Website;
- submit, upload, post or transmit any User Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- submit, upload, post or transmit any photo or video identifying another individual without proper consent;
- commit or encourage a criminal offense;
- impersonate another, or falsify account information, or make unauthorized use of another’s information;
- interfere in any way with the operation of this Website or any server, network or system associated with this Website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the performance or vulnerability of this Website or any server, network or system associated with this Website; breaching or circumventing firewall, encryption, security or authentication routines; accessing, using or retrieving data not intended for you, or accessing another user’s account without permission; or corrupting or attempting to corrupt data stored on this Website or any server, network or system associated with this Website;
- use, transmit or distribute viruses, bots, worms, or any other harmful computer code, files or programs to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to gain unauthorized use of or access to a computer or a computer network;
- use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Website or any server, network or system associated with this Website, or to extract, collect, harvest or gather content or information from this Website;
- frame or otherwise create a browser or border environment around any portion of this Website or any Toy & BabyContent, or deep-link to any internal page of this Website or any Toy & Baby Content;
- use the Toy & Babymark or logo or any other mark, logo or source identifier of Toy & Baby (whether registered or unregistered) in any unauthorized manner, including as meta tags or ad keywords;
- harass or cause annoyance to other users;
- infringe upon any intellectual property or other proprietary right of any person or entity;
- send or cause others to send (directly or indirectly) “spam” or other unsolicited messages or communications of any kind;
- engage in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges.
Violating any of these prohibitions may subject the violator to civil as well as criminal liabilities, and we reserve the right to report any such violation and disclose the violator’s identity to the appropriate law enforcement authorities.
6.CONTENT ON THE SERVICES
As used herein, “Toy & Baby Content” means any and all contents and materials provided by Toy & Baby and/or its licensors, including, without limitation, text, editorials, blogs, artwork, graphics, images, photos, videos, audios, music, advertisements, product descriptions and images, marks, logos, slogans, links, software, downloadable apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories.
As used herein, “User Content” means any content or material originated by users, including, without limitation, user reviews and comments, user idea submissions, and user-submitted text, photos, images, artwork, videos, audios, etc., but specifically excluding any Toy & Baby Content.
Unless expressly otherwise agreed between you and Toy & Baby, you own any User Content provided by you, and Toy & Baby does not claim ownership rights in your User Content. However, by submitting User Content to this Website (whether your submission is solicited or unsolicited), you acknowledge and agree to all of the following:
(i)To submit User Content to this Website, you must be at least 18 years of age.
(ii)By submitting User Content to this Website, you represent and warrant that: (1) your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of payment, secrecy or confidentiality; (2) your submission does not contain any confidential information and may be seen by others; and (3) your submitted User Content contains no material that infringes upon any third-party right or violates any applicable law.
(iii)Unless expressly otherwise agreed between you and Toy & Baby, by submitting User Content to this Website you grant to Toy & Baby and its successors and assigns a non-exclusive, irrevocable, worldwide, perpetual, fully paid up and royalty-free, freely sublicensable, freely assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works and compilations based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted User Content, including your name, voice, likeness, performance, life stories, and biographical information contained in such User Content, as well as any and all ideas, concepts, facts, information, stories, know-how, and techniques embodied in your submitted User Content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, theatrical, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes of Toy & Baby and its successors and assigns (including, without limitation, product development, marketing, advertising, promotion, sale, distribution, social media campaigns, merchandising, publishing, education, and charity), without any compensation, attribution, notice, or other obligation to you. The aforementioned license will continue and remain in full force and effect even if you subsequently terminate or cancel your account on this Website or delete the submitted User Content from your account.
(iv)By submitting User Content to this Website, you further acknowledge and agree that, to the extent your submission includes any idea, concept, suggestion, design, drawing, image or artwork for a prospective product name, mark, logo, slogan, tagline, domain name, or other source identifier, Toy & Baby and its successors and assigns will be free (with no obligation) to adopt, use, license, and register such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, licensing and registration.
(v)By submitting User Content to this Website, you waive the right to assert against Toy & Baby and its successors and assigns, and you release and forever discharge Toy & Baby and its successors and assigns from, any and all claims and damages based upon or relating to your submitted User Content, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.
(vi)Your submission is subject to such additional rules and guidelines as may be prescribed by Toy & Baby and its successors and assigns.
8.LINKS TO THIRD-PARTY WEBSITES
This Website may contain links to other websites (the "Linked Sites"), which are not owned or operated by Toy & Baby. Toy & Baby has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites.
9.LINKING TO THIS WEBSITES
You may link to this Website, but subject to the following conditions:
Your link must be a text-only link;
You do not frame or otherwise create a browser or border environment around any page of this Website or any Toy & Baby Content;
You do not deep-link to any Toy & Baby Content or any internal page of this Website;
You do not link to any live stream or live streaming event on this Website (except with our express prior written consent);
You do not use any Toy & Baby logo or design mark in or as your link;
You do not link to this Website from any pornographic or sexually oriented website;
You do not misrepresent or falsely suggest that your website, content, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, Toy & Baby;
You do not publish false, misleading or inaccurate information about, or otherwise disparage, Toy & Baby or any Toy & Baby Content;
Toy & Baby is under no obligation to support your link.
10.RIGHT TO REMOVE USER CONTENT; NO OBLIGATION TO MONITOR
Toy & Baby reserves the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any User Content that, in our sole judgment, violates these Terms of Service any applicable law, or may expose or subject IDEAL to liability of any kind, or may adversely affect the reputation or goodwill of Toy & Baby. Toy & Baby assumes no responsibility for monitoring this Website for inappropriate User Content or conduct. If at any time Toy & Baby elects to monitor this Website, IDEAL nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any inappropriate User Content, and assume no responsibility for the conduct of any user.
11.DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY Toy & Baby AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
(i)TOY & BABY MAKES NO WARRANTY OR REPRESENTATION REGARDING THIS SITE OR ANY IDEAL CONTENT.
(ii)THIS WEBSITE AND ALL Toy & Baby CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
(iii)TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Toy & Baby DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND ALL Toy & Baby CONTENT.
(iv)WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Toy & Baby DOES NOT WARRANT THAT THIS WEBSITE AND ALL Toy & Baby CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS WEBSITE AND ALL Toy & Baby CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS WEBSITE AND ALL Toy & Baby CONTENT ENTIRELY AT YOUR OWN RISK.
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
12.GOVERNING LAW; JURISDICTION
12.1These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).
12.2 Any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.
13.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York City.
13.3 Correspondence should be sent to firstname.lastname@example.org.
13.4 You agree to report any violations of the Terms of Service to NYT as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in a Service, please notify email@example.com.
13.5 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.
13.6 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notice must include ALL of the following:
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;a description of the copyrighted work that you claim has been infringed;a description of where the material that you claim is infringing is located on the Site;your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services ("Software"). You may not sublicense, assign or transfer any licenses granted by NYT, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such Software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
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