This Internet Website ("Website") with its home page in the domain http://www.thisoldtoy.com is provided by This Old Toy. Com ("TOT") and its affiliates (collectively referred to herein as "Affiliates") at no charge to users of the World Wide Web, with the express condition that any and all users of this Website agree to be bound by the terms and conditions set forth in this User Agreement. TOT and its Affiliates reserve the right to change these terms and conditions at any time, and thus you should consult the most recent version of this User Agreement (not an older cached version) each time you view the Website.
IF YOU DO NOT AGREE TO/WITH THE TERMS STATED BELOW, PLEASE LOG OFF THIS WEBSITE IMMEDIATELY!
- You acknowledge that the information provided on the Website is provided to you "as is" for general information only. TOT and its Affiliates make absolutely no warranties of any kind or form regarding this Website or the information contained within it, including but not limited to any warranty of accuracy, completeness, currency, merchantability or fitness for a particular purpose, or any warranty that the pages that make up this Website, or the servers that make them available, are free from viruses or any other harmful elements, and that such warranties are expressly disclaimed. TOT reserves the right to change or discontinue at any time, and for any reason, any aspect or feature of this Website.
The material in this Website could contain technical inaccuracies or other errors. Your use and browsing of this Website is at your own risk. Neither TOT, its Affiliates, nor any other party involved in the creation, production, or delivery of the contents of this Website shall be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, this Website. TOT does not warrant that the functional aspects of the Website shall be uninterrupted or error-free.
- You agree that you will hold harmless TOT and its Affiliates and their shareholders, officers, directors, managers, and employees from all claims arising out of or related to your access to or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed, or downloaded from this Website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will TOT or its Affiliates or the contributors of information to this Website be liable to you or to anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special, or similar damages, even if advised of the possibility of such damages.
- You acknowledge that all opinion and recommendations contained in this Website, including but not limited to those which may be found in news items and discussion areas, are not necessarily those of TOT or its Affiliates or endorsed by TOT or its Affiliates.
- TOT or its Affiliates may provide Links on the Website to other websites which are not under the control of TOT or its Affiliates. In general, any website which has an address (or URL) which does not contain "thisoldtoy.com" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by TOT or its Affiliates of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website. TOT or its Affiliates have not reviewed all of the websites and are not responsible for the contents of any such websites.
- You may provide a hypertext link to this website from/on another website, provided that: (a) the link must be clearly marked as "TOT Website", (b) the link must point to the URL "http://www.thisoldtoy.com" and not to other pages within the Website, (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of TOT or its Affiliates, (d) the appearance, position, and other aspects of the link may not create the false appearance that an entity other than TOT or its Affiliates is associated with or sponsored by TOT or its Affiliates, (e) the link, when activated by a user, must display this Website full-screen and not within a "frame" on the linked website, and (f) TOT and its Affiliates each reserve the right to revoke consent to the link at any time in its sole discretion by amending this User Agreement. You agree that all other hypertext links to this Website must be approved in writing by TOT.
For further information regarding our Site Links Policy, please visit the page "http://www.thisoldtoy.com/L_FP_Set/Pg_Link-policy.html" .
- You should assume that everything you see or view on the Website is copyrighted unless otherwise noted and may not be used except as provided for in these terms and conditions in this User Agreement or in the text on the Website without the written permission of TOT. The works of authorship contained in or downloadable from this Website, including but not limited to all design, text, and images are owned or licensed by TOT or its Affiliates, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in any part in any manner without the prior written consent of TOT, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Website, and the user may make one permanent printout of each page of the Website (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of TOT or its Affiliates, and provided that you do not delete nor change any copyright, trademark, or other proprietary notices. Elements of the Website are also protected by trade dress and other laws and may not be imitated in whole or in part by other websites. Certain software downloads or other content may be used for certain limited purposes if expressly stated in a license agreement on the Website which makes reference to the software or content. Any unauthorized use of any design, text, images, or material on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or intellectual property right. If you are the owner of intellectual property who believes that their intellectual property has been improperly posted or distributed via this Website, then please notify TOT immediately at the following address: This Old Toy. Com, PO Box 98393, Atlanta, GA 30359.
- The following trademarks, service marks, product and character likenesses, and copyrights are registered and/or unregistered property of their respective owners. All marks used on this Website that are not the marks of TOT or their Affiliates are used with respect and appreciation to their owners and are included herein for reference purposes only:
American Velcro, Inc.: VELCRO
AMR Corp.: American Airlines
Berenstain Enterprises Inc.: Berenstain Bears.
DaimlerChrysler Corp.: Jeep, C-7 Renegade
Disney Enterprises and ABC Inc.: Elmer Elephant, Pluto, Gummi Bears, Mickey Mouse, Minnie Mouse, Donald Duck, Pinocchio, Bambi, Dumbo the Elephant, Cinderella, Snow White and the Seven Dwarfs, Goofy, Robin Hood, Mary Poppins, Winnie the Pooh.
General Motors Corp.: Pontiac, Chevrolet, Chevy, Firebird, S-10
Hanna-Barbera: Huckleberry Hound, Fred Flintstone.
Henson Associates Inc. and Jim Henson Productions Inc.: Miss Piggy, Muppetts, Kermit the Frog, Rowlf, Fozzie Bear, Scooter, Animal, Gonzo, Oscar the Grouch, Big Bird, Bert, Ernie, Cookie Monster, Herry Monster, Sherlock Hemlock, The Count, Grover, Snuffleupagus
King Features Syndicate: Popeye
The Last Great Company and Johnny Gruelle Co.: Raggedy Ann & Andy.
Marvel Enterprises Inc. and Marvel Characters Inc.: Spiderman
Mattel, Inc. and the Fisher-Price Co.: Fisher-Price, the "umbrella" logo and design, Play Family, Little People, Husky Helper, Adventure Series, Construx, Little People, and many others.
McDonald's Inc.: Happy Meals, Ronald McDonald, Hamburglar, the Golden Arches symbol.
Morgan, Inc.: Teddy Beddy Bears
This Old Toy.Com: This Old Toy.Com, This Old Toy, Toys That Never Grow Old!
United Artists: Pink Panther
United Feature Syndicate: Peanuts, Charlie Brown, Snoopy, Peppermint Patty
Warner Brothers: Sylvester, Tweety, Bugs Bunny, Roadrunner
- Some portions of the Website (such as any Discussion or "Chat" areas) are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by TOT. While reserving the right to delete messages and other materials that it deems, in its sole discretion, to be indecent, obscene, defamatory, infringing upon the intellectual property rights of others, or otherwise objectionable, TOT assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold TOT harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms and discussion areas, you agree that nothing you provide will be obscene, offensive, defamatory, infringing upon the intellectual property rights of others, or otherwise unlawful, and that you will indemnify TOT from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Website is posted at your own risk and you agree that TOT and its Affiliates will have no liability whatsoever arising from use of that information by any person or entity. You agree that you will not use the discussion area, chat room, or any other area of the Website to distribute or publish any advertising of goods or services, solicitation of funds, or any other commercial messages. You agree that you will not post, upload, or otherwise introduce anything onto the Website that constitutes a virus or any other type of harmful code.
- If you post works of authorship anywhere on or to the Website or provide to TOT any work of authorship, by whatever form or means of communication, including but not limited to electronic mail or otherwise, including any personal data, questions, answers, comments, suggestions, or the like, you will have deemed to have granted TOT a perpetual, non-revocable, worldwide, non-exclusive license to include the work on the Website (and to reproduce, publish, distribute, perform, display, and transmit the work and to prepare derivative works as is reasonably necessary to do so) and you waive all rights of attribution and integrity with respect to the work. TOT is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website or to TOT for any purposes whatsoever, including but not limited to developing the Website and/or TOT.
- This Website (excluding linked sites) is controlled by TOT, which is headquartered in the State of Georgia, United States of America ("USA"). This Website can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Georgia, USA, by accessing the Website both you and TOT agree that the statutes and laws of the State of Georgia, USA, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to use of the Website, except where preempted by the federal laws of the USA (such as its copyright laws), in which case such USA federal law will apply. You and TOT also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district court of Atlanta, Georgia, USA, or, at the option of TOT, any state court located in Dekalb County, Georgia, USA, with respect to such matters. TOT makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.
- Export Controls: Software downloaded from the Website and goods purchased through the Website are subject to USA export controls. No such software or goods may be downloaded directly to, nor otherwise exported or reexported: (a) into (or to a national or resident) of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the USA has embargoed goods; or (b) to anyone on the USA Treasury Department's list of Specially Designated Nationals or the USA Commerce Department's Denied Persons List. By downloading or using software from the Website or purchasing goods through the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- If any portion of these terms and conditions contained within this User Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
- All communications regarding these Terms and Conditions should be directed in writing to: This Old Toy. Com, PO Box 98393, Atlanta, GA 30359 USA.