TERMS AND CONDITIONS
Welcome to the TubbyTableToys.com site. Tubby Table Toys requests that you carefully read the Terms and Conditions and our Privacy and Security Policy before using the TubbyTableToys.com site. By using the TubbyTableToys.com website, you agree to follow and be bound by these Terms and Conditions and our Privacy and Security Policy without modification.
USE OF THE SITE
TubbyTableToys.com may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Tubby Table Toys reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Tubby Table Toys believes that customer conduct violates applicable law or is harmful to the interests of Tubby Table Toys and its affiliates.
PROTECTED INTELLECTUAL PROPERTY
The materials on this website, including without limitation all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are the protected intellectual property of and are the original copyrighted materials owned or licensed by Tubby Table Toys or its subsidiaries and/or affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Use beyond the limited license granted to viewers will be prosecuted, and Tubby Table Toys may seek recovery of actual or statutory damages, recovery of attorneys’ fees and other remedies. The layout and presentation of the website may also be protectable trade dress under applicable federal law. Use of the Tubby Table Toys name, logo or other trademark or service mark of Tubby Table Toys or its affiliates is strictly prohibited.
ACCEPTANCE OF ORDERS
YOUR RECEIPT OF AN ORDER ACKNOWLEDGEMENT VIA E-MAIL DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. TUBBYTABLETOYS.COM RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.
RISK OF LOSS
THE RISK OF LOSS AND TITLE FOR ALL ITEMS PURCHASED FROM TUBBYTABLETOYS.COM PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE. THIS SITE IS PROVIDED BY TUBBY TABLE TOYS ON AN “AS IS” BASIS. TUBBY TABLE TOYS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TUBBY TABLE TOYS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. TUBBY TABLE TOYS AND ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PETMATE OR ANY OF ITS SUBSIDIARIES OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD PARTY SITES AND SPONSORS
Our website may contain links to other internet sites, which are provided solely as a convenience to viewers and not as an endorsement of the contents of such sites. In addition, other internet sites may link to our website without our knowledge or permission. Because Tubby Table Toys and its subsidiaries and affiliates have no control over such linked sites, we assume no obligation to review, and are not responsible for the availability or content of, any off-site pages or any other sites links to our websites. Your linking to off-site pages or other sites is at your own risk.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to any choice law provisions. Venue for any action related to this website shall be in Los Angeles County, California, and you agree that this is a material term of your use of this website. We are always improving and updating our website to further enhance your experience. As a result, our policies will continue to evolve. As we implement new technology and provide new services, we will update our Terms and Conditions. We encourage you to refer to this page on an ongoing basis for our most current terms and conditions, as they are subject to change without notice. You agree that no joint venture, partnership, employment or agency relationship exists between you and Tubby Table Toys as a result of this agreement or your use of this site. This agreement, the Privacy and Security Policy and terms of sale constitute the entire agreement between you and Tubby Table Toys with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Tubby Table Toys with respect to this site. No modification of this agreement shall be effective unless it is authored by Tubby Table Toys, or unless it is physically signed by a Tubby Table Toys executive officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Tubby Table Toys in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Tubby Table Toys in printed form.
Copyright © 2013 Tubby Table Toys, Inc. All rights reserved.
TYPES OF INFORMATION WE COLLECT
The types of personal information that may be collected from you include: your name, shipping or street address, billing address, e-mail addresses, passwords, date of birth, product selections, telephone number, fax number, credit card or other payment information, demographic information (such as your age, age range, gender, and/or purchase history information), and information about your interests in, and use or purchase of, various products, programs and services. At certain parts of the Site, only persons who provide us with the requested personal information will be able to participate in the activities and offerings at that part of the Site.
All personal information that is collected is done so with the voluntary permission of the visitor over 13 years of age, or with the verifiable consent of a parent or guardian of anyone 13 years or younger. Tubby Table Toys will not keep personally identifiable information collected from a child 13 years or younger, except with verifiable parent or guardian consent or if the information is in aggregated form (e.g., 50% of the respondents were girls under the age of 13).
You may also be able to submit personal information at the Site about other people. For example, you might submit a person’s name and e-mail address if you order a gift online and want it sent directly to the recipient, you might submit the recipient’s name and address. The types of personally identifiable information that may be collected about other people at these pages include: recipient’s name, street address, e-mail address, and telephone number. Tubby Table Toys will not use such personal information about other people unless that other person has consented to such use.
We also collect certain anonymous or non-personally identifiable information when you visit some of our Site pages, such as the Site pages that you visited, the type of browser you are using (e.g., Netscape or Internet Explorer), the level of encryption that your web browser supports, the type of operating system you are using (e.g., Windows XP or Mac OS), the name of your Internet service provider (e.g., America Online, Earthlink), the query that you entered into a search engine via a Site or which led you to the Site, and any other “click stream” data. We use this anonymous or non-personally identifiable information for the Purposes outlined above, as well as for technical, research and analytical purposes, including for instance, to rate and improve the design and content of the Site and to enable us to personalize your experience. We may also use this information in the aggregate to analyze how the Site is used and to offer you products, services, promotions, sweepstakes and contests.
COOKIES AND WEB BEACONS
We may also use “web beacons” through a third party content server that monitors your use of our Sites. Web beacons (or web bugs) are small strings of code that provide a method for delivering a graphic image on a web page for the purpose of transferring data, such as the Internet Protocol (IP) address of the computer that downloaded the page on which the web beacon appears, the URL (Uniform Resource Locator) of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the types of browsers that fetched the web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, web beacons let us know whether you received and opened our e-mail.
On their own, cookies or web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish the Site with personally identifiable information, this information can be linked to the data stored in the cookies/web beacons.
HOW WE USE THE INFORMATION
We also use this information to communicate with you, such as to notify you when you have won one of our contests, sweepstakes or other promotions, to fulfill a request by you for an online newsletter, or to contact you about your registration and/or account with us.
We use the information that you provide about others to enable us to send them your gifts, cards or greetings. From time to time, we also may use this information to offer our products, programs or services to them or to offer them information about other or new products, programs or services. The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs or services or to offer you information about other or new products, programs or services that we believe may be of interest to you. If you choose to submit content for publication, such as a photograph sent as part of a promotion or sweepstake, and we may publish your screen name or your first name and last initial and other information you have provided to us, such as the city or state where you are located. We use the non-personally identifiable information that we collect to improve the design and content of our Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage, as well as to offer you products, programs or services or to offer you information about other or new products, programs or services that we believe may be of interest to you.
DISCLOSURE OF INFORMATION
If we intend to share personally identifiable information about you to companies that may want to market products or services to you (e.g., other marketers, magazine publishers, retailers, participatory databases), we will ask for your permission at the relevant Site where we request such information. If at some point you grant us permission to transfer your information for these purposes and later decide that you no longer want us to do so, simply send us an email at email@example.com and we’ll change your preferences accordingly.
We will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt-out, as described more fully below.
SAFEGUARDING YOUR PERSONAL INFORMATION
OPT-OUT, UPDATES AND REMOVAL OF PERSONAL INFORMATION
If you have provided us with any personal information and do not want Tubby Table Toys to retain this information or wish to update or correct it, you can notify us at any time by sending us an e-mail at firstname.lastname@example.org and we will remove this information from our database or correct it as directed by you. You may also update your information yourself in certain portions of the Site, through use of the user name and password that you have chosen. Tubby Table Toys will respond to customer requests for the release of personal information about such customer’s account only to the email address on file with Tubby Table Toys. It is your responsibility to maintain the security and integrity of that email address.
We reserve the right to make changes to this policy. Any changes to this policy will be posted.