Last Revised: September 15, 2011
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Web site of International Playthings LLC (“IPL”) located atwww.intplay.com (the “Site”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with IPL, or its subsidiaries or affiliates, for products, services or otherwise.
IPL reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
2. Terms of Sale
The online store accessed through this Site is operated by Shopatron, Inc., and orders placed through the store are fulfilled by local retailers who contract with Shopatron. By ordering products through the online store, you understand and agree that you are not purchasing such products from IPL, and that IPL is not responsible or liable in any manner for such purchases or your business dealings with Shopatron or the retailer fulfilling your order. Any purchases you make through the store are governed by Shopatron’s terms, conditions and policies, which are located on the online store. Such terms, conditions, and policies, and any obligations or representations associated with such purchases, are solely between you and Shopatron or the retailer fulfilling your order.
3. Copyright and Limited License
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, the IPL logo, and all designs, text, graphics, pictures, characters, audio, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of IPL or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of IPL, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Trademarks and Registrations
CALICO CRITTERS, EARLY YEARS, KIDOOZIE, VIKINGTOYS, WHIRL ‘N’ WEAR, WHIPPLE, AQUABEADS, WILD SCIENCE, IMAGINETICS, QUERCETTI, INTERNATIONAL PLAYTHINGS, the IPL and brand logos and any character or product names or slogans contained in the Site are trademarks and registrations of IPL and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of IPL or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “IPL” or any other name, trademark or product or service name of IPL without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of IPL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray IPL or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an IPL logo or other proprietary graphic of IPL to link to this Site without the express written permission of IPL. Further, you may not use, frame or utilize framing techniques to enclose any IPL trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without IPL’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of IPL or any third party.
IPL makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of IPL, and IPL is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. IPL provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by IPL of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
You acknowledge and agree that any information or materials, including but not limited to questions, comments, suggestions, feedback, ideas, know how, techniques, plans, notes, drawings, original or creative materials or other information (the “Submissions”), submitted to IPL by you by any means, including email, are non-confidential and IPL shall have the unlimited, irrevocable right to use, reproduce, distribute, disclose, display, exhibit, transmit, perform, create derivative works, share, transfer, incorporate into products and otherwise use and exploit such Submissions in any manner without any acknowledgement, payment or other obligation to you or any third party.
Date of Last Revision: October 5, 2011
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY IPL, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND ANY SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IPL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. IPL DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IPL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IPL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE IPL ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, IPL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
IPL reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by IPL.
8. Limitation of Liability
IN NO EVENT SHALL IPL, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM IPL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO IPL’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IPL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO IPL FOR ACCESS TO OR USE OF THE SITE.
9. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New Jersey, applicable to agreements made and to be entirely performed within the State of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Morris County, New Jersey, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, IPL reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
12. Questions & Contact Information
Questions or comments about the Site may be directed to IPL at the email firstname.lastname@example.org.
Last Revised: September 15, 2012
INFORMATION ABOUT CHILDREN UNDER 13
We recognize the need to provide additional privacy protections for children under 13 who visit our Site. Therefore, with respect to children under 13, our privacy practices are set forth below in our Children’s Privacy section.
WHAT IS PERSONAL INFORMATION?
As used herein, the term “personal information” means information that specifically identifies an individual or information about that individual when directly linked to personally identifiable information. Personal information does not include “aggregate” information, which is data we collect about the use of the Site or about a group or category of products, services or users, from which individual identities or other personal information has been removed. This policy in no way restricts or limits our collection and use of aggregate information.
WHAT PERSONAL INFORMATION DO WE COLLECT?
We may collect certain information you voluntarily provide to us which may contain personal information, such as your name, address, email address, telephone number, and other contact information. Personal information may also be collected if you provide such information in connection with sending an email to us, posting content or participating in any interactive features we may have on the Site now or in the future.
When you use the Site, some information may also be automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on the Site. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.
We may automatically collect certain information through the use of “cookies” or “web beacons.” Cookies are small data files that are stored on a user’s hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history. If we link cookies to any personally identifying information, we will treat this information as personal information. Web beacons are small, invisible graphic images that may be used on the Site or in emails relating to the Site to collect certain information and monitor user activity on the Site. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if a browser is set not to accept cookies or if a user rejects a cookie, some portions of the Site may not function properly.
HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT?
In general, we may use personal information we collect to respond to your requests; to complete any transactions you may enter into with us, to provide you with information, to analyze trends and improve the Site, to inform you about events, promotions, products, services or other information we think will be of interest to you; to facilitate your use of, and our administration and operation of, the Site; for market research and for any other purpose for which the information was provided.
WHAT PERSONAL INFORMATION DO WE SHARE WITH THIRD PARTIES?
We will not share the personal information we collect from you through this Site with third parties except as described in this Policy, as it may be revised from time to time. We may share certain personal information with vendors, consultants and other service providers (“Service Providers”) who are engaged by or working with us in connection with the operation of the Site or the services we provide and who need access to such information to carry out their work for us. In some cases, the Service Provider may be directly collecting the information from you on our behalf. We may also share personal information with other third parties when you give us your consent to do so. We are not responsible for the actions of Service Providers or other third parties, nor are we responsible for any additional information you may provide directly to these Service Providers or other third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to them. Nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent.
We may disclose personal information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of IPL, our users, our employees or the public, including without limitation to protect IPL or our users from fraudulent, abusive, inappropriate or unlawful use of our Site. Information about our users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of IPL.
You understand that if there are any interactive areas on the site that allow users to post information or content, and you participate in such areas, any information or content you post, will be available to other users and in some cases may be publicly available (e.g. if you post to a public forum). We recommend you be cautious about giving out personal information to others or sharing personal information through the Site. We are not responsible for the actions of any third parties with whom you share personal information.
WHAT STEPS DO WE TAKE TO PROTECT YOUR INFORMATION ONLINE?
We have endeavored to put into place and maintain reasonable security measures in an effort to protect the security of your personal information while it is under our control. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and we cannot guarantee that our servers will be free from unauthorized access by third parties (such as hackers).
WHAT CHOICES DO YOU HAVE REGARDING THE USE OF YOUR INFORMATION?
You may “opt out” of receiving marketing or promotional emails from us, by following the instructions in those emails. This will not affect our ability to send you service and account related emails or to use your personal information as otherwise described in this Policy.
HOW CAN YOU CORRECT AND UPDATE YOUR PERSONAL INFORMATION?
If you wish to correct, update or delete any personal information we have collected, please contact us at email@example.com and we will endeavor to respond to your inquiry or to correct, update or remove the personal information you have provided us as you indicate. However, please note that is some cases, we may believe it is necessary or appropriate to retain certain personal information we have collected, and the deletion of such personal information will be in our sole discretion unless otherwise required by law.
If you have any questions or comments about our privacy practices, you may contact us at:
International Playthings LLC.
75D Lackawanna Ave.
Parsippany, NJ 07054
For any questions regarding the privacy practices and policies relating to the online store, please contact the operator of the store at:
825 Buckley Road, Suite 200
San Luis Obispo, CA, 93401
The only personal information we knowingly collect from children under thirteen is their parent’s email address, which is provided in connection with a specific request by the child to periodically receive our Club Calico newsletter and Web site updates. We do not use this personal information for any other purpose. In addition, we do not share such personal information with third parties except that: (a) we may disclose personal information in the good faith belief that we are lawfully required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of IPL, our users, our employees or the public, including without limitation to protect IPL or our users from fraudulent, abusive, inappropriate or unlawful use of our Site; and (b) information about our users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of IPL.
We are prohibited by law from conditioning a child’s participation in an activity on the child’s disclosing more personal information than is reasonably necessary to participate in such activity. In addition, parents have the right to consent to our collection and use of personal information from their child without also consenting to our disclosure of such information to third parties by emailing us at firstname.lastname@example.org.
Please note that parents can review and have the child’s personal information deleted, and refuse to permit further collection or use of the child’s information. This can be done by emailing us at email@example.com.