Date: July 30, 2013
1. Personal Information Collection
Little Tikes may collect personal information like name, telephone number, email address, date of birth, home mailing address, and details regarding your mode of payment, e.g., credit/debit card or account information, when you access certain areas of the Site that require registration or payment for products and services, or if you require more information about those services.
At other times, Little Tikes may collect information that cannot be used to directly identify you, such as browser type, Internet Protocol (IP) address and similar non-personally identifiable information. For example, we may aggregate non-personal information about you and other customers who visit certain areas of our Site. Aggregated information will not contain any information that can be linked directly back to you.
2. How Little Tikes Collects Personal Information
Little Tikes may also collect additional information from your web browser each time you visit our Site. We may collect information on the pages that you visit, the promotions or advertisements that you click on, and other actions that you take while using our Site. This information may include your IP address, device IDs, the type of browser, the time that your browser was used to access our Site, and the referring website address.
Our Internet Service Providers (defined below) may also use other standard web-based technologies to analyze your movements while accessing our Site. The technologies include analytic solutions analytic cookies, web “beacons,” “pixel tags,” and “clear gifs.” These technologies help us ascertain the effectiveness of our product and service campaigns and marketing programs, allow us to customize the services offered on or through our Site, and help determine the best use for Site content, and product and service offerings. Some of this information, including the IP address, may be stored on our Internet service provider’s server logs, and may be available for extended periods of time.
3. Our Use and Disclosure of Your Personal Information
Little Tikes uses the services of independent companies to provide certain services to you, including, without limitation, website hosting services, credit and debit card processing, reservations processing, and Internet connectivity services (“Internet Service Providers”). Little Tikes may share your personal information with the Internet Service Providers as appropriate. We do not share personally identifiable information with outside, non-affiliated third parties without your consent, except to the extent necessary to complete your request for services offered through this Site.
Little Tikes may use your personal information to contact you via mail, email, or telephone in order to give you updates about Little Tikes’ special promotions, new services, or other events that may be of interest to you. We also use return e-mail addresses to answer the e-mail we receive from you. Your e-mail address will not be used for any other purpose or shared with outside third parties for their direct marketing purposes. We may also use your IP address to help protect Little Tikes and our Internet Service Providers from fraud.
Additional uses of your non-personal and personal information will allow us to tailor products and services specific to your needs, to help organize and manage your customer relationship and our business, to conduct business, to provide you with customer support, to perform functions that are described to you at the time of collection, and to enforce our Site’s Terms and Conditions of Use.
We may also use non-personal aggregate information to improve our Site. For example, our Internet Service Providers may report to us that there were a particular number of visitors to a certain area of our Site, or that a certain number of men or a certain number of women completed our registration form in particular areas of our Site. Such information may also be used to analyze the effectiveness of our business and advertising models.
If you submit a resume or seek to fulfill other staffing requirements, we will use that information solely in connection with your application for current or future staffing requirements, and we may also share your resume or application information with our business partners or affiliates that have staffing requirements for which you may be qualified.
Little Tikes may also disclose your personal information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. We may disclose your information in connection with the sale or merger of Little Tikes or any transaction that involves the sale or assignment of some or all of our assets.
4. Data Storage and Security
Little Tikes makes reasonable efforts to ensure that our Internet Service Providers have implemented physical, electronic, and procedural security measures to assist with safeguarding your personal information, and to help protect against unauthorized access and disclosure. Only our authorized personnel and our Internet Service Providers who perform legitimate business functions for Little Tikes are authorized to access your personal information.
Notwithstanding our efforts, the Internet has inherent security risks. Little Tikes cannot promise, and you should not expect, that your personal information, personal searches, and other communications will always remain secure. You should take care with regard to how you handle and disclose your personal information or any username or password that you are required to use to access services on this Site.
5. Children and Data Collection
We do not knowingly collect personal information from children without parental consent. If Little Tikes or its Internet Service Providers become aware that a child has provided us with personal information without the parental consent, that information will be deleted from our databases. Parents who have questions about personal information that may have been submitted by a child should email us at Little.firstname.lastname@example.org.
6. How You May Access and Change the Information that Little Tikes Collects
The first time that you provide us with registration information through our Site, you may be offered the opportunity to subscribe to and receive additional information about our products and services. After your first use, you can change your initial choices by contacting our customer service e-mail at Little.email@example.com. Each commercial e-mail that we send to you, will offer you the opportunity to opt-out of continuing to receive such messages.
7._ General Information and Privacy Support Contact
Date: July 30, 2013
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. Little Tikes may change, edit, modify, delete, revise, or update the Terms from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Site constitutes your agreement to comply with the posted Terms.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of Little Tikes, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Little Tikes or such third party that may own the displayed Trademarks.
3. Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Site is solely for your purchase of Little Tikes products for personal use, information, education, entertainment, and communication with Little Tikes. You may download, copy or print the Content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site.
4. User Comments and Other Submissions.
While Little Tikes desires to receive feedback from its customers, please do not send Little Tikes any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like (“Submission(s)”). Little Tikes is under no obligation to use or compensate you for your Submissions. Little Tikes will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.
5. License to Use Submissions.
This Site may provide you with the opportunity to submit user-generated or third-party Submissions. By submitting items to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the Submissions that you submit. If your Submission contains photographs or digital or video images that depict a child that is under the age of majority in their place of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. If you make a Submission to this Site, you automatically grant Little Tikes a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Little Tikes to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission.
6. No Endorsement or Liability for User-Generated or Third-Party Content.
Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute Little Tike’s endorsement of those Submissions. Little Tikes is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
7. Third-Party Links.
Third-party links on this Site may direct you to third-party websites that are not affiliated with Little Tikes that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory or product safety requirements. Little Tikes is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
8. Copyrights and Digital Millennium Copyright Agents.
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Little Tikes’ Chief Information Officer. The agent can be reached at MGA Entertainment (UK) Ltd., 50 Presley Way Crownhill Milton Keynes, MK8 0ES Tel: 0800 521 558 Little.firstname.lastname@example.org, Company Number: 05653082.
9. DMCA Infringement Notification.
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Little Tikes will remove or disable access to the content that is alleged to be infringing;
- Little Tikes will forward the written notification to the alleged infringer; and
- Little Tikes will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Little Tikes, the alleged infringer will have the opportunity to respond to Little Tikes with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Little Tikes’s designated copyright agent, and must include the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which the alleged infringer address is located, or if the alleged infringer’s address is outside of the United States, or any judicial district in which Little Tikes may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our network.
10. Prohibited Uses.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
11. Registration, Accounts and Passwords.
You are responsible for the personal protection and security of any password or username that you may use to access this Site. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Little Tikes.
12. Site Updates.
Little Tikes undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Little Tikes reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
13. Product and Pricing Information.
This Site, Content, product information, and any products sold through the Site into permitted jurisdictions are intended to comply with U.K. laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.K.-based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.K.
Little Tikes reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of Little Tikes. Little Tikes reserves the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
14. Resale of Product.
This Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. Little Tikes reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision.
15. Refunds and Returns.
You have the right to cancel within seven days of purchase, or seven days of receipt of the goods (whichever is the longer). Returns will be accepted only for 30 days from purchase date with a Little Tikes sales receipt. Returned items must be in new condition with their original packaging. Refunds are issued for only the purchase price of the items returned. Shipping and restocking charges are not refunded. Customer is responsible for any return shipping charges. To obtain further return information or to arrange to return your item please call 01908 268 480 or email Little.email@example.com. No returns will be accepted without a "Return Authorisation" number that can be obtained through our Consumer Service line (01908 268 480). If you refuse a delivery of a shipment, you will be credited the purchase price less all return shipping charges. This process is only valid with direct sales from the Little Tikes Company. Little Tikes Direct does not accept returns of products from other retailers. - See more at: http://www.littletikes.co.uk/refund-policy#sthash.k5HSgoC6.dpuf.
16. Limited Warranty.
We warrant to the original consumer purchaser that the product is free of defects in materials or workmanship for one (1) year from the date of purchase (sales receipt is required to provide proof of purchase). We will replace defective parts or issue a refund for full or partial purchase price of product within this period. This warranty is valid only if the product has been assembled and maintained per the instructions. Any modifications made to the original product or product structure may render the warranty invalid. This warranty does not cover abuse, accident, cosmetic issues such as fading or scratches from the normal wear, or any other cause not arising from defects in material and workmanship.
The warranty period is three months for day-care or commercial purchasers. Wet and Dry Inflatable Bouncers Warranty: We warrant to the original purchaser that the fabric in this product is free of defects in materials or workmanship for 90 days from the date of purchase, and the blower is free of defects in material or workmanship for one year from the date of purchase (sales receipt is required to provide proof of purchase). Wood Warranty: We offer the original consumer purchaser a 10 year limited warranty from the date of purchase on wooden products that become structurally unfit due to damage caused solely by biological corrosion (sales receipt is required to provide proof of purchase).For further information about wooden items, please click here. This does not affect your statutory rights as a consumer. To make a warranty claim, please contact our customer services team on 01908 268 480 or email Little.firstname.lastname@example.org. You will need your: Original proof of purchase Product code or description.
17. Limitations on Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT LITTLE TIKES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF LITTLE TIKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LITTLE TIKES TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED TEN (£10) POUNDS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LITTLE TIKES, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
LITTLE TIKES RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND LITTLE TIKES WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD LITTLE TIKES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TERMS.
The Terms will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in this Terms to the contrary, the parties understand and agree that all terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of this Terms will survive termination of the Terms and will be enforceable by the parties, including but not limited to Sections 2, 3, 5, 8, 9, 15, 16, 17, 18, 19 and 22. Little Tikes may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Little Tikes' sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or Little Tikes, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms or otherwise.
21. Choice of Law and Forum; Consent to Electronic Communications.
These Terms will be governed and construed in accordance with the laws of the State of California, USA, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or Terms, you submit to exclusive personal jurisdiction and venue of the courts located in Los Angeles County, California.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
23. Privacy Statement.
24. No other Agreements.
By agreeing to the Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given Little Tikes your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the Terms constitute the entire agreement between you and Little Tikes related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms. The Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the Terms after the Effective Date.
Should you have any questions concerning the Terms, or if you desire to contact Little Tikes for any reason, please contact our Webmaster.