Terms and Conditions

Ty Internet Site Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

In order to make the Ty.com website an enjoyable experience for everyone, we are providing this website under the following Terms and Conditions. By using this website, you agree to be bound by these Terms and Conditions. If you do not agree with the following terms, please do not use the Ty.com website. Ty strives to keep its website current and interesting for its users. As we add new features, especially interactive features, we will by necessity need to update or amend these Terms and Conditions. Ty reserves the right to revise, modify or amend these Terms and Conditions at any time by updating this posting and you agree to be bound by such revision, modification or amendment.

RESTRICTIONS ON USE

Material at this site is provided for sales to individuals only, lawful information and entertainment purposes only. Material from Ty.com and any other site on the World Wide Web that is owned, operated, licensed and controlled by Ty or any of its affiliated or subsidiary companies may not be copied, distributed, republished, uploaded, posted or transmitted in any shape, manner or form without the specific prior written consent of Ty EXCEPT as expressly permitted in this section. Modification or use of the materials at this site for any other purpose shall be construed as a violation of Ty's intellectual property rights. From time to time we may make available certain software at our website, such as screen savers, "dancing" cursors, and the like. You may download such material onto one computer for your personal, non-commercial home or educational use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. If you do download this software, the software, including any files, images or audio files contained in or generated by the software, and accompanying data (together, the "Software") is deemed to be licensed to you by Ty Neither title nor any intellectual property rights to any material at this site including, but not limited to, Software are transferred to you. All material at this site remains the exclusive property of Ty, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. Prior written consent must be obtained from Ty for any commercial use of any material provided at this website. Please forward any requests in writing to Ty, Attn.: Legal Department, P.O. Box 5377, Oak Brook, IL 60522.

REGISTRATION

In order to purchase product from the Ty.com website, Users (as that term is defined in the Privacy Policy) will be required to register, and as part of this registration, Users must provide and email address. BY REGISTERING ON TY.COM, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, AND THAT YOU ARE NOT AN EU CITIZEN OR RESIDENT (this excludes U.S. military or other personnel residing on U.S. military bases within the EU).

YOUR RIGHTS CONCERNING MARKETING EMAILS FROM TY

If you are a registered User, Ty may, on occasion email you information about new product introductions, sales offers, or other information. This section sets forth your rights with respect to such marketing emails.

First, and most importantly, you have the right to opt out of receiving future emails from Ty. You may opt out upon registration, and you may opt out at any time thereafter. You may opt out by going to your registration and simply selecting the opt-out option.

Second, every marketing email will clearly and conspicuously identify the message as an ad.

Third, every marketing email will explain to you how to opt out of receiving future emails from Ty. Any marketing email from Ty will include a clear and conspicuous explanation as to how you can opt out of getting email from Ty in the future.

In the event you opt out of receiving marketing emails, Ty will honor your request to opt-out within ten (10) business days.

Ty will take every reasonable measure to comply with the CAN-SPAM Act. If you feel you’ve mistakenly received a marketing email from Ty, please contact Ty at contact@ty.com

SUBMISSIONS

In certain areas of this website, you may sometimes be permitted to submit remarks, suggestions, ideas, images, or other information to Ty (a "Submission"). All Submissions will forever be the property of Ty. Under no circumstances will Ty be required to treat any Submission as confidential. Furthermore, Ty will not be liable under any circumstance for its use of any Submission in its business (including, without limitation, product ideas) or as a result of any similarities to any Submission that may appear in future business of Ty. Without limitation, Ty will have exclusive ownership of all rights to Submissions of every kind and nature, everywhere. Ty will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Your ability to send Submissions to this website is governed by these Terms and Conditions, as well as by the applicable Rules and Regulations of this site (as described in this Section). You acknowledge that you are totally responsible for whatever material you submit, and you, not Ty, have full responsibility for such material, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION

Except as described otherwise, all material at this website is made available only to provide information about Ty. Ty controls and operates this site from its headquarters in Westmont, Illinois, United States of America, and makes no representation that this material is appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national of or resident of) any country to which the U.S. has placed an embargo on goods, including, without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals list; or (c) to anyone on the U.S. Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

LINKS

This site may be linked to other sites that are not maintained, endorsed or sponsored by Ty. Ty has not reviewed all of the sites linked to this website. Ty is not responsible for and makes no representations regarding the content of any other sites linked to this website. The existence of any link to such sites does not imply endorsement, affiliation or sponsorship of those sites with Ty.

DISCLAIMER

The material at this site could include technical inaccuracies or typographical errors. Ty may make changes or improvements at any time. THE MATERIAL AT THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF OR THE CONSEQUENCES OF YOUR USE OF THE MATERIAL AT THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW SUCH EXCLUSION.

LIMITATION OF LIABILITY

TY WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE. TY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIAL AT THIS SITE, EVEN IF THERE IS NEGLIGENCE BY TY OR AN AUTHORIZED TY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TY 'S TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (INCLUDING WITHOUT LIMITATION, IN CONTRACT, TORT OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

ARE CREDIT CARD TRANSACTIONS SECURE ON TY.COM?

Online shopping at Ty.com is extremely safe. All credit card transactions at Ty.com are securely processed using secure socket layer (SSL) software, which is the industry standard and among the best software available for secure commerce transactions. SSL encrypts all of your personal information including credit card number, name, and address, so that it cannot be read as the information travels on the Internet.

We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 of fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

TERMINATION

These Terms and Conditions are effective until terminated by Ty. Ty may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all material obtained from this site, and (b) all related documentation and all printouts. Ty may terminate this agreement and deny you access to this website immediately without notice if, in Ty’s sole judgment, you have breached any of these Terms and Conditions.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County in the State of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any part of these Terms and Conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes may be provided to law enforcement authorities at the sole discretion of Ty. These Terms and Conditions and the Privacy Policy contain the entire agreement between the parties relating to the use of this site. Ty's products and services are available in many parts of the world; however, this site may describe products and services which are not available worldwide.

Ty INTELLECTUAL PROPERTY

TY, the Ty Heart Logo, BEANIES, BEANIE BABY, BEANIE BABIES, THE BEANIE BABIES COLLECTION, BEANIE BUDDIES, BEANIE BUDDIES COLLECTION, ORIGINAL BEANIE BUDDY and Design, BEANIE BOOS, BEANIE BOOS and Design, THE BEANIE BOOS COLLECTION, TYLON, HALLOWEENIE BEANIES, JINGLE BEANIES, TY CLASSIC, PLUFFIES, TYSILK, BASKET BEANIES, BEANIE BALLZ, TY BEANIE BALLZ, TY SPARKLE, FRIZZYS, PEEK-A-BOOS, PEEK-A-BOOS and Design, HOPE FOR JAPAN, I LOVE JAPAN, TEENY TYS, VELVETY, BABY TY, BABY TY and Design, MINI BOOS, ATTIC TREASURES, TY GEAR, FLIPPABLES, TY FLIPPABLES, TY FLIPPABLES and Design, TY FASHION, TY FASHION and Design, TY CUDDLYS, and 6 WAYS TO WEAR ae registered trademarks of Ty. Ty also owns the following trademarks: TEENIE BEANIE BABIES, TEENIE BEANIES, TEENIE BEANIE BOOS, COINLET, SEA SEQUINS, the "look and feel" of this website, and most of the names of the individual Ty plush items. Unauthorized use or copying of Ty's intellectual property, including this website, or Ty's trademarks, logos, pictures, or names is prohibited by law. Ty has taken and will continue to take vigorous legal action against those who have participated directly or indirectly in intellectual property infringement. Anyone having information concerning any unauthorized use of Ty's intellectual property is urged to contact Ty at P.O. Box 5377 in Oak Brook, IL 60522, Attn.: Legal Dept.

THIRD PARTY INTELLECTUAL PROPERTY

Ty expects you to respect its copyright and trademark rights, as well as the copyright and trademark rights of others. You may not post on our website unauthorized copies of third parties' works. If you are a copyright or trademark owner and you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please contact us at contact@ty.com

Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). You should contact us by completing and submitting our Intellectual Property Infringement Complaint form. Only messages sent to this agent regarding intellectual property infringement matters will be answered. Messages concerning any other subjects must be sent to customer service at contact@ty.com in order to receive a response.


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