The Big Toy Book’s website and community (Website) offers kid’s products, such as toys, games, apparel, gear and other products and is located on TheBigToyBook.com as part of its offerings from The Big Toy Book Ltd. (TBTB). By signing up for a membership in the community or on the website, you (Member or You) agree to be irrevocably bound to the following terms and conditions of the agreement (Agreement).
Membership Creation in not necessary to use the features and purchase product from community, the member may register for a free account with TheBigToyBook.com Community (Membership) and provide certain information about the member as prompted by the Website registration form. Member represents and warrants that: (a) all required registration information submitted is truthful and accurate; (b) the Member will be responsible to maintain the accuracy of such information; (c) the Member’s use of the Website does not violate any applicable law or regulation or the terms of this Agreement; and (d) can remove your Membership at any time by following the instructions in the members account section of the website.
Account Termination. We may (a) suspend or terminate your Membership or your use of the Website at any time, for any reason or for no reason at our sole discretion, (b) terminate Membership if we believe you are under the age of 18 years, (c) terminate this Agreement if we believe you are in violation, and (d) TBTB reserves the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice. Membership right to access and us the features of the website will be terminated immediately. The termination of your Membership will delete all personally identifiable information from our databases. TBTB will not have liability to the member for any termination of the membership or agreement.
User Content & Third Party Content
User Posts. Members of the Website may publish, transmit, submit, or otherwise post comments or other materials. In order to keep the Website enjoyable for all of our users, you must adhere to the rules outlined in this Agreement & Member Code of Conduct.
Member Code of Conduct. In order for us to keep the Website safe and available for everyone to use, you agree to use the Website for lawful and appropriate purposes only. You agree not to:
1. violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
2. uses technology or other means to access the Website that is not authorized by The Big Toy Book (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of Websites contents).
3. involves accessing the Website through any automated means, including robots, spiders, or offline readers (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Website and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content).
4. attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
5. attempts to damage, disable, overburden, impair, or gain unauthorized access to the Website, including The Big Toy Book’s servers, computer network, or user accounts.
8. interferes with any other Members use and enjoyment of the Website.
Inappropriate Content and No Spam. Members may not use the Website to harvest information about other Members, affiliates, or Vendors for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. Members understand that TBTB may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or 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 or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. You must be, or have first obtained permission from, the rightful owner of any User Content you Post. By submitting User Content, you represent and warrant that you own the User Content; you also represent and warrant that the posting of your Member Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting such User Content. The Big Toy Book will remove all Member Content if we are properly notified that such infringes on another person’s rights. You acknowledge that TBTB does not guarantee any confidentiality with respect to any User Content.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. TBTB does not endorse any Member Content, and User Content that is Posted does not reflect the opinions or policies of TBTB. We reserve the right, but have no obligation, to monitor all Member Content and to restrict or remove Member that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does TBTB assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against TBTB with respect to such User Content. To notify us of any inappropriate User Content, contact our Customer Service Team by email at CustomerService@TheBigToyBook.com or Contact Us.
Sale of Goods and Services
Products. All goods or services sold (Products) on Website are subject to these terms and conditions. Products available for purchase through TBTB, as well as information related are subject to modification and change. We reserve the right to discontinue, suspend or modify a event or Product at any time. TBTB makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use of any item from this Website. TBTB will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed w an incorrect price or with any incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
Transactions. All transactions (e.g. product or gift certificate purchases) placed on TBTB Website shall received with and order confirmation email. This order confirmation does not constitute the competition of the transaction (Transaction or Order) or final offer to sale the products or services. TBTB reserves the right to cancel or decline any transactions, in whole or partial, made on the Website. We may also require additional information or payment verification to fully process a transaction made on the Website and will make all reasonable efforts to contact the member before canceling such transaction. A members order is not fully accepted until it is physically received by the Member. If an order, full or partial, is cancelled by TBTB, (a) we will issue a credit to the credit card in the amount charged for the cancelled portion, not including any promotional redemption, (if payment has already been processed) or (b) no changes will be processed on the members credit card provided with the transaction to the cancelled portion of the transaction.
Promotional Offers & Contests. ONLY ONE PROMOTIONAL OFFER PER ORDER AND CUSTOMER – PROMOTIONAL OFFERS CANNOT BE COMBINED OR TRANSFERED UNLESS SPECIFICALLY STATED. Promotional offers and contests (Promotions) include but are not limited to offers, coupons, promotional codes, discount, special offers, contests and / or sweepstakes. Discounts do not apply to gift cards or certificates, shipping and handling, or taxes. Discount will appear upon checkout and cannot be combined with other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems. Members should read the official details and rules that apply or many accompany each promotional offers and contests. Promotions include any of the above as well as any future promotions created or may offer to conduct business. Not all promotions will contain the exact rules. Members are required to follow any rules and regulations as well as obey all applicable local, state, federal and international laws.
Payment. TBTB will automatically bill your credit card for orders placed on the Website as part of process to fulfill your Transaction. For each Transaction you agree to pay the price (Product Price) of the product at the time you submitted the order, shipping rates that were selected with the transaction (Shipping), handling (Handling) fees if applicable, as well as any required taxes (Taxes) applicable to the transaction. You herby authorize TBTB to automatically bill your credit card to the amount of the Transaction and applicable fees, such as the ones listed above (Fees). Members are solely responsible for payment of all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the Transaction not withheld. For cancelled Transactions noted in section 3, all Fees will be credited back to the member accordingly. The members agrees to pay for any and all collection costs, attorneys fees, and court costs (Legal Fees) incurred in the collection of past due amounts, plus late fees to two percent (2.0%) per month on the unpaid balance. All payments are non-refundable.
Shipping. TBTB will ship products in accordance to the shipping member chosen by the Member at time of Transaction. Upon shipment of the Transaction and shipping confirmation email will be sent to the Member. Shipping rates will be noted during time of Transaction. Currently TBTB only ships within the United States.
Return Policy & Procedures. (Return Policy)
Returns. Products are eligible for return, as noted by the or product description (Product) on the Website. Unless the Product states otherwise, such as but not limited to a final sale, item not eligible for return, or other such language, the product is the not eligible for return. Members are responsible for following return policies in place if Products are eligible for return and will be issued a store credit for the product price charged to the Member. Shipping & Handling Fees are non-refundable and TBTB does not except Product exchanges.
Damaged Product. TBTB makes every effort to ship its transaction in a safe and secure manner, yet we are not responsible for damages made by vendors or transportation carriers. We will work with TBTB Members to correct these issues in a reasonable period of time and in accordance to this agreement. If a product arrives damaged or not as described on the Product page on the Website to the Member, TBTB will issue a refund in accordance to its return policy noted here. TBTB will (a) issue a refund to the Members payment card applicable to the transaction if the payment for transaction has already been processed or (b) your payment card will not be charged. Members will be refunded the transaction amount including all Fees.
Return Procedures. All products eligible for return must be made within 30 days from the Transaction ship date. Products must be unused, unopened and returned in the all original packaging. Members seeking returns in accordance to the return policy should contact TBTB either through the Website in the Contact Us section or by email at CustomerService@TheBigToyBook.com. Members are solely responsible for the cost of shipping, handling, and tracking of the returned product. Credits will be made in a reasonable time by TBTB upon receipt of transaction return and in accordance of the return policy and Agreement.
License. Subject to the terms of this Agreement, TBTB grants you a non-transferable, non-exclusive, license to reproduce and publicly display content on the Website and use the Website for your personal, noncommercial use.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of The Big Toy Book Ltd. or www.theBigToyBook.com or its subsidiaries. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission.
NOTICE REGARDING COPYRIGHT AGENT
The Big Toy Book does not condone copyright infringement on its Website, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Big Toy Book’s designated copyright agent for notice of claims of copyright infringement on this Website is Laurie Schacht, who can be reached in the following manner:
The Big Toy Book LTD
307 Seventh Ave suite 1601
New York, New York 10001
Restrictions. The rights granted to you in this Agreement are subject to the following: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the TBTB Website or its features posted or transmitted in any form or by any means; and (b) you shall not modify, reverse compile or reverse engineer, replicate design of the Website and all text, graphics, information, content, and other material displayed on or that can be downloaded are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. TBTB website future updates, features, additions, and functionality are subject to the terms of this Agreement. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or recentness of any information on TBTB sister website www.thebigtoybook.com (TBTB General) (e.g. product noted there may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on TBTB General In addition, we may make changes in information about price and availability without notice.
Ownership. The Website is owned and operated by The Big Toy Book Ltd. and reserves the right to discontinue, suspend or modify the Website at any time with or without notice. The Big Toy Book Ltd. will not be held liable to the Member or Third Party Vendors or Affiliates for any part thereof to modifications, discontinuance or suspension.
Third Party Sites
Links to Third Party Sites. Website may contain links to other websites (Linked Sites). The Linked Sites are not under the control of TBTB and we are not responsible for the contents of any Linked Sites, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. TBTB is not responsible for webcasting or any other form of transmission received from any Linked Site. TBTB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TBTB of the Linked Site or any association with its operators.
You agree to defend, indemnify, and hold TBTB and its Affiliates (including their officers, directors, employees and agents) harmless from and against any and all claims, damages, actions of any kind including personal injuries, death, and property damage, costs and expenses, including attorneys fees, related to or arising out of your use of the Website, with or conduct of other Website Members or Third Party Sites and/or your breach of the Terms & Conditions.
Limitations of Liability
www.theBigToyBook.com and The Big Toy Book Ltd. assumes no responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL THE BIG TOY BOOK LTD. OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and www.theBigToyBook.com to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of the State of New York or the United States District Court for the District of New York. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.