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Terms Of Use

Terms of Use


Update Date: May 14, 2015

TOMY International, Inc. owns and operates TOMY.com, TheFirstYears.com, JJColeCollections.com, BoonInc.com and the TOMY Shop (collectively, a "Site") located on servers in the United States. By accessing, browsing, or using a feature provided on a Site, you agree to these terms of use (“Terms of Use”), including the Social Media Terms of Use (“Social Media Terms of Use”). These Terms of Use contain disclaimers and other provisions that limit our liability to you. If you do not agree to these Terms of Use, please do not access, browse, or use any feature provided on this Site.

Changes to these Terms of Use

We have the discretion to occasionally update these Terms of Use. When we do, we will also revise the "updated" date at the top of this Terms of Use page, including the Social Media Terms of Use. We encourage you to periodically review these Terms of Use to stay informed about how the Terms of Use applicable to this Site govern your use of this Site. Your continued use of the Site constitutes your agreement to these Terms of Use and any updates.

Privacy

Please read the Privacy Policy carefully. Except where additional notice or consent is required by law, by accepting these Terms of Use, including the Social Media Terms of Use, and the Privacy Policy, you agree that the use and disclosure of your personal information that you submit on the Site shall be governed by the Terms of Use, including the Social Media Terms of Use, and the Privacy Policy.

Site disclaimer

We make reasonable efforts to reflect accurate information on the Site. The information on this Site may include typographical errors, inaccuracies, or omissions. No warranties or representations are made regarding the accuracy of this information, and it is provided "as is" without any conditions, warranties or other terms of any kind. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information (or to cancel orders) if any information on the Site is inaccurate at any time without prior notice (including after you have submitted an order). We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any content, feature or product offered through the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any content, feature or product offered through the Site.

Acceptable use of Site materials

You may only use this Site for its intended purpose and only in accordance with the terms set forth herein. Unless otherwise noted, the Site and all material on the Site, including text, images, illustrations, photographs and other materials, and the copyrights, trademarks, and other intellectual property in such materials, are owned, controlled, or licensed by TOMY International, Inc. The Site and the material on the Site are intended solely for personal, non-commercial use. You may download or copy the materials on this Site and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded material is transferred to you as a result of such downloading or copying. Except as noted herein, you may not distribute, reproduce, publish, transmit, modify, or create derivative works from or exploit the material on this Site in any way without written permission from TOMY International, Inc. You agree to indemnify, defend and hold harmless TOMY International, Inc. for any and all unauthorized uses you may make of the materials on the Site.

Links to other sites

Please be aware that, when you are on the Site, you could be directed to other sites that are beyond our control. In the event that you access, browse, or use these other sites, you may be subject to alternative terms and conditions of use. We are not responsible for the practices of these other sites, nor should linking be considered an endorsement of any linked site.

Information from children

This Site is a general audience site that is not designed nor intended to collect personal information from children under the age of 18. We do not knowingly collect personal information from anyone under the age of 18, and do not use such information if we discover that it is has been provided. To respect the privacy of children, children under the age of 18 should not provide any personal information on this Site. We ask that parents supervise their children while online.

Unsolicited Submissions

We are pleased to hear from you and welcome your comments regarding our Site, the materials on our Site, and our products. However, our longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, or other materials other than those we have specifically requested. Our intent is to avoid the possibility of future misunderstandings should we develop projects similar to creative works submitted by those outside of our company. Accordingly, while we value your feedback, we ask that you do not send creative ideas, suggestions, proposals, or other materials for our business. If, at our request, you send certain specific submissions (for example sweepstakes, contest, or promotion entries) or, unsolicited, you send creative ideas, suggestions, proposals, or other materials to us, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium anything that you forward to us. We are not obligated to: (1) maintain anything in confidence; (2) pay compensation for your ideas suggestions, proposals, or materials; or (3) respond to your comments. You agree that your creative ideas, suggestions, proposals, or materials will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that you will not send us comments or materials that contain libelous or otherwise unlawful, abusive or obscene material, or transmissions that contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead TOMY International, Inc. as to the origin of any creative idea, suggestion, proposal, or material.

Social Media and Social Media Terms of Use

If you directly upload any social media image or other information (“Image(s)”) on a Site or TOMY social media channel, by such uploading you agree to these Social Media Terms of Use with respect to the Image(s).

By any such direct uploading any Image(s) to a Site or social media channel, you hereby grant TOMY and its designated retailers a non-exclusive, worldwide, perpetual, irrevocable, and royalty-free right and license to use, display, reproduce, sublicense, edit, modify, duplicate, or create derivative works from your Image(s) on a Site; social media channels; online or print advertising, promotional, or marketing materials; product packaging, or any other media now known or later developed, without compensation or attribution to you.

You hereby waive any rights of publicity which you may have in any and all names, titles, identities, likenesses, biographical data, or any other personal attributes included in your Image(s) (collectively, “Personal Data”), and grant to TOMY the right to use that Personal Data for purposes of advertising, promotional, or marketing uses, in any format, medium, or technology now known or later developed, without further approval, compensation, or notice unless prohibited by law. You irrevocably waive any intellectual property rights, moral rights, or other rights with respect to attribution or integrity of all or any portion of your Image(s) to the extent permitted by law. You agree not to bring any legal or administrative action, arbitration, or alternative dispute resolution action arising out of TOMY’s use of your Image(s) based on any moral rights or other rights that you cannot waive.

You represent and warrant that (i) each Image(s) is your original work and that you own all right, title, and interest in the Image(s); (ii) you have all necessary rights and authorizations to allow TOMY to use your Image(s) as described in these Social Media Terms of Use; (iii) your agents, representatives, photographers, and all other individuals providing services in connection with the creation of your Image(s) have executed appropriate documentation in your favor that allows you to legally license your Image(s) as contemplated herein: (iv) you have the express consent of any identifiable people in your Image(s) to their likeness being used as described in these Social Media Terms of Use, including TOMY’s right to use your Image(s) for future commercial purposes without restriction; (v) your Image(s) do not contain any third-party trademarks nor do they reference the names, products, or services of any company or entity other than TOMY; and (vi) your Image(s) do not infringe on the trademarks, copyrights, rights of privacy or publicity, or any other intellectual property rights of any third party.

You hereby release, discharge, hold harmless and agree to defend TOMY from any and all losses and damages of any kind (including reasonable attorneys’ fees and costs), including but not limited to third-party claims, resulting, in whole or in part, directly or indirectly, from your breach of any of these Social Media Terms of Use, including your representations and warranties above.

Choice of law

Access to and use of this Site and to these Terms of Use including Social Media Terms of Use is governed by U.S. federal law and the laws of the State of Illinois. Any legal action or proceeding relating to your access to, or use of, this Site or these Terms of Use including Social Media Terms of Use shall be resolved exclusively by the state and federal courts of the State of Illinois. You and TOMY International, Inc. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Contacting us

If you have any questions, comments, requests, or concerns related to this Site or these Terms of Use, including the Social Media Terms of Use, please contact us:

By e-mail: consumer@tomy.com

  • By mail: TOMY International, Inc.
  • Attention: Marketing Communications
  • 2015 Spring Road, Suite 400
  • Oak Brook, IL 60533