cyberlegal beanie babies
I found this page of legalese on the Ty/beanie baby site. Is this the
future of cyberspace disclaimers? Kinda mean for a toy maker.....
TY INC. INTERNET SITE TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By
using the pages in this site, you agree to these terms and conditions.
If you do not agree,
you should not use this site.
and are registered Trademarks of Ty Inc. ©
1993, 1994, 1995, 1996 Ty Inc. Unauthorized use of logos, pictures, or
names is prohibited
All designs and webpages are registered with U.S.A./U.K. offices and
Restricted Branch © Ty Inc. 1993, 1994, 1995, 1996. Ty Inc. has taken
and will continue to
take vigorous legal action against those who have participated directly
or indirectly in the
copy, manufacture, sale, distribution or display of unauthorized
product. Anyone having
information concerning any unauthorized use of product is urged to
contact Ty Inc. at P.O.
Box 5377 in Oak Brook, IL 60522, Attn: Legal Dept.
RESTRICTIONS ON USE
Material from www.ty.com and any other World Wide Web site owned,
or controlled by Ty Inc. or any of its related, affiliated, or
subsidiary companies, may not
be copied or distributed, or republished, uploaded, posted, or
transmitted i n any way,
without the prior written consent of Ty Inc. EXCEPT in the following
You may download one copy of the material on one computer for your
non-commercial home or educational use only, provided you do not delete
or change any
copyright, trademark, or other proprietary notices. Modification or use
of the materials for
any other purp ose violates Ty Inc. intellectual property rights. The
material in this site is
provided for lawful informational purposes only. If you download
software from our site,
the software, including any files, images, audio files, contained in or
generated by the
software, and accompanying data (together, the "Software") is deemed to
be licensed to
you by Ty Inc. Neither title nor intellectual property rights are
transferred to you, but
remain with Ty Inc., who owns full and complete title. You may not resel
reverse engineer, disassemble, or otherwise convert the Software to a
Prior written consent must be obtained for any commercial use of
software provided on
this website. Please forward any requests in writing to Ty Inc., ATTN:
DEPARTMENT, P.O. Box 5377, Oak Brook, IL 60522.
RESTRICTION OF LIABILITY
Ty Inc. will not be liable for any damages or injury caused by,
including but not limited to,
any failure of performance, error, omission, interruption, defect, delay
in operation of
transmission, computer virus, or on line failure. Ty Inc. will not be li
able for any damages
or injury, including but not limited to, special or consequential
damages that result from
the use of, or the inability to use, the materials in this site even if
there is negligence by Ty
Inc. or an authorized Ty Inc. 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 Inc.' s total liability to you for all losses,
damages, and causes
of action (in contract, tort (including without limitation, negligence),
or otherwise) will not
exceed the amount you paid to access this site.
All remarks, suggestions, ideas, graphics, or other information
communicated to Ty Inc.
through this site (together, the "Submission") will forever be the
property of Ty Inc.
Under no circumstances will Ty Inc. be required to treat any Submission
and will not be liable for any ideas for its business (including without
ideas) and will not incur any liability as a result of any similarities
that may appear in
future Ty Inc. operations. Without limitation, Ty Inc. will have
exclusive owner ship of all
present and future existing rights to the Submission of every kind and
Ty Inc. will be entitled to use the Submission for any commercial or
whatsoever, without compensation to you or any other person sending th e
You acknowledge that you are responsible for whatever material you
submit, and you, not
Ty Inc. have full responsibility for the message, including its
appropriateness, originality, and copyright.
Except as described otherwise, all materials in the Ty Inc. site are
made available only to
provide information about Ty Inc. Ty Inc. controls and operates this
site from its
headquarters in Oak Brook, Illinois, United States of America and makes
esentation that these materials are 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 maybe 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,
including without limitation, Cuba, Iran, Iraq, Libya, North Kor ea,
Syria, or Yugoslavia;
(b) to everyone on the U.S. Treasury Department's Specially Designated
Nationals list, or
(c) 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 any such country or on any such list.
Our guestbook is provided for entertainment purposes only. Any opinions
expressed in the guestbook do not necessarily reflect those of Ty Inc.
The material in this site could include technical inaccuracies or
typographical errors. Ty
Inc. may make changes or improvements at any time. THE MATERIALS IN THIS
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, TY INC. DISCLAIMS ALL WARRANTIES OR
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TY INC.
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL
WILL BE UNINTERRUPTED OR ERROR-F REE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TY
INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OF OR THE RESULT OF THE USE OF THE MATERI AL IN THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT TY INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES.
Ty Inc. or you may terminate this agreement at any time. You may
agreement by destroying: (a) all materials obtained from all Ty Inc.
sites, and (b) all
related documentation and all copies, printouts, and
installations(together, the "Mater
ials"). Ty Inc. may terminate this agreement immediately without notice
if, in its sole
judgment, you breach any term or condition of this agreement.
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. If any part of these Terms and Conditions is unlawful, void, or
une nforceable, 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 will be
provided to law enforcement authorities. This is the entire agreement
between the parties
relating to the use of this site. Ty Inc. can revise these Terms and
Conditions at any time
by updating this posting. Ty Inc., products and services are available
in many parts of the
world, however, the Ty Inc. site may desc ribe products and services
which are not
available worldwide. This site may be linked to other sites which are
not maintained by Ty
Inc. Ty Inc. is not responsible for the content of those sites. The
inclusion of any link to
such sites does not imply end orsement or affiliation with Ty Inc. of
The following trademarks used herein are owned by the Ty Inc.
corporation and its
affiliates: Ty logo, The Beanie Babies Collection, Beanie Babies logo,
Pillow Pals, Pillow
Pals logo, Ty Collectibles, Ty Collectibles logo, and all character
names and desi gns, "We
make the finest plush in the world…affordable". All other trademarks are
the property of
the respective trademark owners.
1996 Ty Inc. All rights reserved.
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