Effective: January 1, 2017
The Website, its services, and the products provided by The Toy Box are for educational and entertainment purposes only. Information provided by The Toy Box is not a substitute for medical or healthcare advice, diagnosis, or treatment. It is also not intended as a substitute for professional advice or services from a qualified healthcare provider familiar with your unique facts. If you have any concerns about your child(ren)’s health, you should always seek the advice of your physician or other qualified healthcare provider regarding any medical or developmental condition. Do not disregard, avoid, or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the Website or received from The Toy Box. YOU USE INFORMATION FROM THE WEBSITE OR OTHERWISE PROVIDED BY THE TOY BOX AT YOUR OWN RISK.
2. WHO MAY USE THE WEBSITE
The Website is to be used by parents and/or guardians and is not intended for children under 13 years of age. By using the Website, you warrant that you are 13 years of age or older.
4. INTELLECTUAL PROPERTY
a. In General
Certain trademarks, trade names, service marks, and logos used or displayed on the Website are registered and unregistered trademarks, trade names, and service marks of The Toy Box. Other trademarks, trade names, service marks, or logos used or displayed on the Website are the registered and unregistered trademarks, trade names, and service marks of their respective owners. Nothing on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Website without the prior written permission of The Toy Box or such other owner.
You are free to encourage others to access the information on the Website. We welcome sharing or posting of links to the Website. You are free to establish a hypertext link to the Website so long as that link does not state or imply any sponsorship or endorsement by us.
5. USER-GENERATED CONTENT
a. In General
b. License to The Toy Box of User-Generated Content
By submitting User-Generated Content, you thereby grant to The Toy Box the non-exclusive, unrestricted, irrevocable, and perpetual right and license to use, copy, distribute, reproduce, disclose, sublicense, display, publish, publicly perform, and otherwise use in any manner, all or any portion of your User-Generated Content.
c. The Toy Box’s Exclusive Right to Manage All User-Generated Content
We may, but will not have any obligation to, review, monitor, maintain, or otherwise make use of any User-Generated Content, and we may, in our sole discretion, delete, move, re-format, or otherwise make use of User-Generated Content without notice or any liability to you or any third party. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated these prohibitions, we may take any action we deem necessary to cure or prevent the violation, including the immediate removal of the related materials from the Website.
6. RISK OF LOSS AND TITLE
All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items passes to you upon our delivery to the carrier.
7. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILTY
THE WEBSITE, ITS SERVICES, AND PRODUCTS PROVIDED BY THE TOY BOX ARE PROVIDED “AS IS” AND AS AVAILABLE AND THE TOY BOX MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE TOY BOX DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE TOY BOX MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR OTHERWISE PROVIDED BY THE TOY BOX.
b. Limitation of Liability
8. DISPUTE RESOLUTION
The Website may contain links to websites owned by third parties. The listing of any resource or link and its associated information on the Website is not intended as an endorsement, recommendation, or referral by The Toy Box. These links and resources are provided solely as a convenience for you. The Toy Box is not responsible for the content of any linked websites and makes no representation regarding the content or accuracy of materials on such websites. If you decide to visit any third-party websites using links from this site, you do so at your own risk.
10. OTHER INFORMATION
c. Additional Assistance
Effective: January 1, 2017
1. GENERAL INFORMATION
Thank you for visiting thetoybox.com (the “Website”), operated by I The Toy Box I, PBC (“The Toy Box” or “We”), an online service company that specializes in hand-selecting children’s toys that are developmentally beneficial, high quality, and fun.
Your privacy is important to us and we are committed to adhering to federal and state privacy laws and industry guidelines to protect the identity of visitors to the Website. We want you to be familiar the types of information we may collect or you may provide when you visit the Website and our practices for collecting, using, maintaining, protecting and disclosing information. This policy applies to information we collect:
– On the Website;
– In email and other electronic messages between you and the Website;
– Through mobile and desktop applications you download from the Website, which provide dedicated no-browser-based interaction between you and the Website; and
– When you interact with our advertisements and applications on third party websites and services, if those advertisements or applications include links to this policy.
2. CHILDREN UNDER THE AGE OF 13.
3. INFORMATION COLLECTION
a. Information You Provide
In some areas of the Website, we may request that you provide personal information about you in order for you to benefit from the specified features or to participate in a particular activity on the Website. This can include your names, address, email address, telephone number, credit card number, contact information, billing information, and any other information from which your identity may be discernible. We may also ask you, the parent and/or guardian, to provide personal information about your child(ren). This can include your child(ren)’s first name(s), date(s) of birth, and any other information from which your child(ren)’s identity may be discernible. In other areas, we may collect demographic information that is not unique to you or your child(ren) such as your ZIP code, age, gender, preferences, interests, and favorites. Sometimes we may request a combination of the two types of information. We will not collect personally identifiable information about you unless you provide it to us voluntarily. You will be informed what information is required and what information is optional.
b. Passive Information Collection
As you navigate the Website, certain information can be passively collected—that is, gathered without your actively providing the information—using various technologies. We passively collect information in a variety of ways, including:
– Through Your Browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, IP address, computer type (Windows or Macintosh), screen resolution, operating system version, and Internet browser type and version. We may collect similar information, such as your device type and identifier, if you access the Website through a mobile device.
– Using Cookies: Cookies are pieces of information stored directly on the computer you are using. Cookies allow us to collect information such as browser type, time spent on the Website, pages visited, and language preferences. Cookies may be used for security purposes, to facilitate navigation, to display information more effectively, to recognize your computer or device, to remember what is in your shopping cart, or to personalize your experience while using the Website.
You may accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline all cookies if you prefer. Please refer to your browser instructions or help screen to learn more about these functions. If you decline cookies, however, performance of the Website may be hindered and affect your experience with The Toy Box.
– Via Social Networks: We may receive information about you when you interact with the Website through various social media, for example, by logging in through or liking us on Facebook or following us on Twitter. The data we receive is dependent upon your privacy settings with the social network. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Website.
– Pixel Tags, Web Beacons, GIFS, or Similar Technologies: These may be used in connection with some Website pages and HTML-formatted email messages to, among other things, track the actions of Website users and email recipients, measure the success of our marketing campaigns, and compile statistics about Website usage and response rates.
4. USING AND DISCLOSING INFORMATION
a. How We Use Your Information
The Toy Box may use information from or about you:
– To respond to your inquiries and fulfill your requests, such as to send you the products you have ordered or email alerts;
– For our business purposes, such as data analysis, selecting new products, enhancing the Website, improving our products and services, identifying Website usage trends, personalizing your experience on the Website by presenting products and services tailored to you, and determining the effectiveness of our promotional campaigns.
b. Third Parties
– Third Party Service Providers: We disclose information collected through the Website to our third party service providers who provide services such as website hosting and moderating, mobile application hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email and direct delivery services, credit card processing, auditing services, and other services, in order to enable them to provide services.
– Third Party in Other Events: We may disclose information collected through the Website to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock, including in connection with any bankruptcy or similar proceedings.
Except as set forth in Section 4, The Toy Box does not otherwise distribute to third parties your personally identifiable information. The Toy Box, however, assumes no liability for disclosure of information due to errors in transmission or the unauthorized intervention of third parties.
5. USER-GENERATED CONTENT
6. DATA SECURITY
We have implemented commercially reasonable technical, organizational, and administrative measures to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. When you use the Website’s electronic commerce feature, your credit card information is protected through the use of Secure Socket Layer (“SSL”) encryption. SSL makes it difficult for your credit card information to be intercepted or stolen while being transmitted. We use a leading e-commerce service company to process all credit card transactions.
7. OTHER INFORMATION
8. CONTACT INFORMATION
If you have submitted personally identifiable information through the Website or an interactive advertisement, or if someone else has submitted your personally identifiable information through the Website or an interactive advertisement, and you would like that information to be deleted from our marketing databases, please contact us via email at [email protected] We will then use reasonable efforts to remove your personally identifiable information from our files. You may also contact us to request the personally identifiable information that The Toy Box has collected about you through the Website or interactive advertisements. The Toy Box will then use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information.