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Legal 2017-04-07T13:14:57+00:00

Terms of Use

Effective: January 1, 2017

1. INTRODUCTION

This Terms of Use policy (the “Terms of Use”) describes the terms and conditions of use of 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.

The Terms of Use apply to the Website, including any applications, platforms, services, or other resources related to, distributed on, or available through the Website. Please read the Terms of Use carefully before using the Website. THE TERMS OF USE CONTAIN AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO ALL TERMS OF THE TERMS OF USE. IF YOU DO NOT AGREE, YOU SHOULD STOP USING THE WEBSITE. You should review the Terms of Use periodically as we may modify or update them from time to time to reflect changes in our business and practices. Your continued use of the Website shall signify your acceptance of those changes.

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.

3. PRIVACY

The information that we obtain through your use of the Website, whether through the purchase process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Website.

4. INTELLECTUAL PROPERTY

a. In General

By using the Website, you acknowledge that we permit access to content that is protected by copyrights, trademarks, and other intellectual and proprietary rights. You also acknowledge that the Terms of Use and applicable copyright, trademark, and other laws govern your use of such content. You may not in any way reproduce or publicly display, perform, distribute or otherwise use any of the information or materials displayed on or available from the Sites for any public or commercial purpose, except in accordance with Section 4(c) of the Terms of Use. You may not create any derivative work of the Website or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Website. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism to navigate, search, and /or extract information from the Website.

b. Trademarks

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.

c. Links

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

We may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, or otherwise make available on or submit through the Website (collectively, “submit”) text, images, videos, personally identifiable information, or other information and the ideas contained therein (collectively, “User-Generated Content”). We may do this through blogs, message boards, social networking environments, email, or other communications. Subject to the rights and license you grant in the Terms of Use, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.

Except as otherwise described in the Privacy Policy and the Terms of Use, you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary and will not be returned, and (b) The Toy Box does not assume any obligation of any kind, including an obligation to monitor or enforce any intellectual property rights, to you or any third party with respect to your User-Generated Content. You acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content.

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

a. Disclaimers

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

IN NO EVENT WILL THE TOY BOX’S LIABILITY ARISING OUT OF OR RELATED TO THE TERMS OF USE EXCEED THE AMOUNT PAID BY A USER FOR THE SERVICES PROVIDED BY THE TOY BOX HEREUNDER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE TOY BOX, ITS SUPPLIERS, OR ITS AGENTS, BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, (2) THE USE OF, OR INABILITY TO USE, ANY PRODUCTS OR INFORMATION DELIVERED TO THE USER; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES.

8. DISPUTE RESOLUTION

a. Arbitration

BY USING THE WEBSITE, YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE, THE FORMATION, INTERPRETATION, BREACH OR TERMINATION THEREOF, OR WHETHER THE CLAIMS ASSERTED ARE ARBITRABLE, SHALL BE SUBJECT TO BINDING ARBITRATION UNDER THE DELAWARE UNIFORM ARBITRATION ACT. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS. ANY ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE TRIBUNAL SHALL CONSIST OF THREE ARBITRATORS AND SHALL BE CONDUCTED IN NEBRASKA.

b. Indemnification

You agree to indemnify and hold harmless The Toy Box, its directors, officers, employees, agents, and suppliers, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind (arising out of negligence or otherwise), including, but not limited to, reasonable attorneys’ fees and costs of arbitration resulting from or in any way connected with your use of the Website, information you submit or transmit through the Website, your breach of the Terms of Use, and your connection to the Website.

9. LINKS

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

a. Severability

If any term or provision of the Terms of Use shall be held illegal, void, or unenforceable, the remaining provisions of the Terms of Use shall remain in full force and effect.

b. Changes to the Terms of Use

We reserve the right to change the Terms of Use. Minor changes and clarifications will take effect immediately, and significant changes will take effect within 30 days of their posting on the Website. If we make changes, we will post them and will indicate at the top of this page the Terms of Use’s new effective date. If we change the Terms of Use, we will notify you here or by email. We encourage you to refer to the Terms of Use on an ongoing basis so you understand our current Terms of Use. Unless stated otherwise, our current Terms of Use apply to all services provided to you by The Toy Box.

c. Additional Assistance

To ask questions or comment about the Terms of Use, contact us at [email protected]

Privacy Policy

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.

This Privacy Policy is also incorporated into and is part of the Website’s Terms of Use. Please read this Privacy Policy before using the Website or submitting any personal information. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO ALL TERMS OF THE PRIVACY POLICY. IF YOU DO NOT AGREE, YOU SHOULD STOP USING THE WEBSITE. You should review this page periodically as we may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices. Your continued use of the Website shall signify your acceptance of those changes.

2. CHILDREN UNDER THE AGE OF 13.

The Website is to be used by parents and is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. No one under age 13 may provide any personal information to or on the Website. If you are under 13, do not use or provide any information on the Website or on or through any of its features, make any purchases through the Website, use any of the interactive or public comment features of the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will take all reasonable measures to delete that information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law). If you believe we might have any personal information from or about a child under 13, please contact us at in accordance with Section 8 of this Privacy Policy.

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;
– To send you important information regarding our relationship with you or regarding the Website, changes to this Privacy Policy or the Terms of Use, and any other administration information; and
– 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.

c. Disclosure

In addition to the uses specified above, The Toy Box may use and disclose information collected through the Website as we believe to be necessary or appropriate to: (i) conform to legal requirements or to respond to a subpoena, search warrant, or other legal process received by The Toy Box, whether or not a response is required by applicable law; (ii) enforce The Toy Box Terms of Use or to protect our rights; or (iii) protect the safety of The Toy Box users and members of the public.

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

We may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, or otherwise make available on or submit through the Website (collectively, “submit”) text, images, videos, personally identifiable information, or other information and the ideas contained therein (collectively, “User-Generated Content”). We may do this through blogs, message boards, social networking environments, email, or other communications. Subject to the rights and license you grant in this Privacy Policy, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.

Except as otherwise described in this Privacy Policy, you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary and will not be returned, and (b) The Toy Box does not assume any obligation of any kind, including an obligation to monitor or enforce any intellectual property rights, to you or any third party with respect to your User-Generated Content. You acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any 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.
If you have reason to believe that your interaction with us is no longer secure, please notify us immediately by contacting us in accordance with Section 8 of this Privacy Policy.

7. OTHER INFORMATION

a. Terms of Use

Your use of the Website and any disputes arising from it are subject to this Privacy Policy and our Terms of Use, including its dispute resolution provisions, limitations on liability, and choice of law. By using the Website, you accept this Privacy Policy and our Terms of Use.

b. Changes to Our Privacy Policy

We reserve the right to change our Privacy Policy. Minor changes and clarifications will take effect immediately, and significant changes will take effect within 30 days of their posting on the Website. If we make changes, we will post them and will indicate at the top of this page the Privacy Policy’s new effective date. If we change this Privacy Policy, we will notify you here or by email. We encourage you to refer to this Privacy Policy on an ongoing basis so you understand our current Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information we have about you and your account.

c. Links

The Website may integrate with or contain links to other third party websites and services. The Toy Box is not responsible for the practices employed by third party websites or services embedded in, linked to, or linked from the Website and your interactions with any third-party website or service are subject to that third party’s own rules and policies. When linking to another website, a User should read the privacy policy on that website. This Privacy Policy only governs information collected on the Website.

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.

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: [email protected]