Terms and Conditions

Use of the BBOC web site by Children

Children under the age of 18 who are members of the BBOC may register to participate in all of the features of this web site for which the BBOC has obtained verifiable consent from a parent or guardian at the time of registration.  Please refer to our Privacy Policy for information on the types of information we collect from children in the registration process.

Privacy Policy

Registration

Only members of the Beanie Babies Official Club may register to use the BBOC web site.  Your user name is your identity on the BBOC web site and is personal to you.  You are responsible for remembering and safeguarding your user name and password.  If you share your user name and password with someone else, or if you allow a third party to discover your user name and password, possible consequences include losing control of your personally-identifiable information and being legally responsible for any actions taken on the BBOC web site by someone else using your user name.  Ty Trade, as operator of the BBOC, will not be liable for any loss or damage arising from your failure to comply with the requirements of this paragraph.

Your Use of the BBOC web site

You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit this web site (or any portion of it), unless you have Ty Trade's express written permission to do so.  You may only use the BBOC web site in accordance with the terms of this User Agreement, any other terms applicable to the various features of our site, and all applicable laws, rules, and regulations.  In the event Ty Trade believes that you have failed to comply with all terms applicable to your use of the BBOC web site, you agree that Ty Trade has the right, in its sole discretion and without notice, to terminate your user name and prohibit you from accessing the BBOC web site.  Ty Trade may also, in its sole discretion and at any time, discontinue the BBOC web site, or any part thereof, with or without notice.  You agree that you do not have any rights in the BBOC web site and that Ty Trade will have no liability to you if the BBOC web site is discontinued or your ability to access the BBOC web site is terminated.

Advertisers

If you choose to correspond with, or participate in the promotions of, any of Ty Trade's advertisers, you acknowledge and expressly agree that Ty Trade is not a party to, and will not be responsible for, your interaction with such advertiser, including its treatment of your personally-identifiable information or the terms and conditions applicable to any transaction between you and the advertiser.  The terms of your interaction with any advertiser are solely between you and such advertiser.  You agree that Ty Trade shall have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction.

Links

Through the BBOC web site, you may be able to access links to other web sites.  Because Ty Trade has no control over such sites, you acknowledge and agree that Ty Trade is not responsible for, and has no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally-identifiable information by such sites, or for the information, products, content, or other materials on or available from such sites or resources.  If you would like information on any other site's privacy policy, you should contact that party directly, and we encourage you to do so.

Disclaimers

You acknowledge and agree that:

a.         YOUR USE OF THE BBOC WEB SITE IS AT YOUR OWN RISK.  THE PRODUCTS AND INFORMATION AVAILABLE THROUGH THE BBOC WEB SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.  TY TRADE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  Because the BBOC web site is provided to you "AS IS," you agree that Ty Trade shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using the BBOC web site.  Because the BBOC web site is provided to you "AS AVAILABLE," you agree that Ty Trade shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the BBOC web site or of your ability to access it.

b.         Ty Trade also disclaims any warranty that (i) the BBOC web site will meet your requirements, (ii) the BBOC web site's operation will be uninterrupted, timely, secure, or error-free, (iii) any information that may be obtained from the use of the BBOC web site will be accurate or reliable (and Ty Trade disclaims any liability for damages that may arise from your reliance on any such information), and (iv) the quality of any products, services, information, or other materials purchased or otherwise obtained by you through the BBOC web site will meet your expectations.

Limitation of Liability

YOU AGREE THAT TY TRADE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF TY TRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM:  (a) YOUR USE OF OR INABILITY TO USE THE BBOC WEB SITE; (b) THE COST YOU INCUR TO PROCURE GOODS TO SUBSTITUTE FOR ANY GOODS YOU PURCHASED THROUGH THE BBOC web site; (c) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (d) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE BBOC WEB SITE, INCLUDING OUR ADVERTISERS AND BUSINESS PARTNERS; OR (e) ANY OTHER MATTER RELATING TO THE BBOC WEB SITE.  Some states do not allow the limitation of liability, so this provision may not apply to you.

Trademark Notice

TY, Ty Heart Logo, BEANIE BABIES, THE BEANIE BABIES COLLECTION, THE BEANIE BUDDIES COLLECTION, THE PILLOW PALS COLLECTION, TY COLLECTIBLES, TY COLLECTIBLES LOGO, TYLON, TY-RIFFIC, CHOCOLATE, CHOPS, CLUBBY, GOLDIE, LIZZY, PATTI, SAMMY, SNORT, SPEEDY, STRUT, HALLOWEENIE BEANIES AND JINGLE BEANIES are registered trademarks of Ty Inc. Ty Inc. also owns the following trademarks:  BEANIE, BEANIES, E-BEANIES, E-BEANIE BABY, E-BEANIE BABIES, BEANIE BABIES OFFICIAL CLUB, BBOC, AUTHENTIC TY PRODUCT, THE ATTIC TREASURES COLLECTION, ATTIC TREASURES, AUTHENTIC TY PRODUCT and Design, ORIGINAL BEANIE BABY, ORIGINAL BEANIE BUDDY, TEENIE BEANIE BABIES, TEENIE BEANIES, THE HEART OF COLLECTIBLES, TY 2000, TY 2000 Heart Logo, BEANIE KIDS, THE BEANIE KIDS COLLECTION, TY CLASSIC, TY GEAR, TY TRADE, TY.COM, and most of the names of the individual Ty plush items.  All other trademarks, slogans, logos, product names and service names used on this web site, including, but not limited to Beanie Babies Official ClubÔ and any trade dress associated with the "Look and Feel" of the BBOC web site, are owned by Ty Trade or one of its affiliated companies.  You agree not to display or use any such trademarks, service marks, slogans, logos, product names, and service names in any manner without the express written permission of Ty Inc. or Ty Trade LLC.

Trademarks and trade names of third parties are the property of those third parties, and are used by Ty Trade subject to license, or subject to the fair use provisions of U.S. trademark law.  Users of the BBOC web site are expressly forbidden to misuse those marks.

Copyright

The content provided on the BBOC web site, including, but not limited to, text, graphics, images, and logos, is owned by either Ty Trade or the party that has provided the content to us and is protected by U.S. and international copyright laws.  Ty Trade is the sole and exclusive owner of its compilation of this content an the BBOC web site, and this compilation is also protected by U.S. and international copyright laws.  Unauthorized copying of any of this content is prohibited (except for limited, non-commercial purposes) and could lead to copyright infringement.  Ty Trade expects you to respect its copyright and trademark rights, as well as the copyright and trademark rights of others. 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 our designated agent:

Scott Wehrs, Esq.
Ty Inc.

Notices

General

You agree that this User Agreement describes the entire agreement between us with respect to its subject matter.  The BBOC web site was created and is operated under the laws of the State of Illinois.  The laws of the State of Illinois will control the terms and conditions provided in this User Agreement, without giving effect to any principles of conflict of laws.  If a court of competent jurisdiction finds that any provision of this User Agreement is invalid or unenforceable, we both agree that the other provisions of this User Agreement will remain in full force and effect.  You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the BBOC web site or this User Agreement more than one (1) year after such claim or cause of action arose.