Ty Inc. Distribution Policy
Ty Inc. ("Ty") has determined that in order to protect its brand and better compete in the market, it is necessary to exercise greater control over the distribution of its products. Accordingly, all sales of Ty products will be subject to this Distribution Policy ("Policy"). This Policy has been unilaterally adopted and will be enforced strictly and unilaterally.
Ty prohibits the re-sale of its products to wholesalers, distributors, jobbers, discounters, exporters, and importers (collectively, "resellers").
Although retailers who buy products from Ty remain free to establish their own resale prices and sales channels, Ty will, without assuming any liability, cancel all orders and will refuse to accept any new orders from any retailer immediately following Ty's verification to its satisfaction that such retailer has advertised, offered to sell, or sold any Ty product outside of its own brick and mortar store(s) or outside of such retailer's own closed-loop (i.e., same company) internet website.
In addition, Ty will, without assuming any liability, cancel all orders and will refuse to accept any new orders from any retailer immediately following Ty's verification to its satisfaction that such retailer has advertised, offered to sell, or sold any Ty product to any reseller. However, if Ty determines to its satisfaction that a retailer has advertised, offered to sell, or sold any Ty product to or through a third-party internet website, Ty reserves the right to continue to sell to such retailer a limited line of products that Ty designates as "Internet Sales Only." Such decision as to whether Ty will makes these limited sales, and what limited products it chooses to sell, will be made unilaterally by Ty.
Ty will not discuss any conditions of acceptance related to this Policy, as it is non-negotiable and will not be altered for any retailer. In addition, Ty neither solicits, nor will it accept, any assurance of compliance with this Policy. Nothing in this Policy shall constitute an agreement between Ty and any retailer that the retailer will comply with this Policy.
Ty's sales personnel have no authority to modify or grant exceptions to this Policy.
TY INC.INTERNET SITE
TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
In order to make the Ty.com website an enjoyable experience for everyone, we are providing this website under the following Terms and Conditions. By using this website, you agree to be bound by these Terms and Conditions. If you do not agree with the following terms, please do not use the Ty.com website.
Ty Inc. strives to keep its website current and interesting for its users. As we add new features, especially interactive features, we will by necessity need to update or amend these Terms and Conditions. Ty Inc. reserves the right to revise, modify or amend these Terms and Conditions at any time by updating this posting and you agree to be bound by such revision, modification or amendment.
RESTRICTIONS ON USE
Material at this site is provided for lawful information and entertainment purposes only. Material from Ty.com and any other site on the World Wide Web that is owned, operated, licensed and controlled by Ty Inc. or any of its affiliated or subsidiary companies may not be copied, distributed, republished, uploaded, posted or transmitted in any shape, manner or form without the specific prior written consent of Ty Inc. EXCEPT as expressly permitted in this section. Modification or use of the materials at this site for any other purpose shall be construed as a violation of Ty Inc.'s intellectual property rights.
From time to time we may make available certain software at our website, such as screen savers, "dancing" cursors, and the like. You may download such material onto one computer for your personal, non-commercial home or educational use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. If you do download this software, the software, including any files, images or 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 any intellectual property rights to any material at this site including, but not limited to, Software are transferred to you. All material at this site remains the exclusive property of Ty Inc., who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. Prior written consent must be obtained from Ty Inc. for any commercial use of any material provided at this website. Please forward any requests in writing to Ty Inc., Attn.: Legal Department, P.O. Box 5377, Oak Brook, IL 60522.
In certain areas of this website, you are permitted to submit remarks, suggestions, ideas, images, or other information to Ty Inc. (a "Submission"). All Submissions will forever be the property of Ty Inc. Under no circumstances will Ty Inc. be required to treat any Submission as confidential. Furthermore, Ty Inc. will not be liable under any circumstance for its use of any Submission in its business (including, without limitation, product ideas) or as a result of any similarities to any Submission that may appear in future business of Ty Inc. Without limitation, Ty Inc. will have exclusive ownership of all rights to Submissions of every kind and nature, everywhere. Ty Inc. will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.
Your ability to send Submissions to this website is governed by these Terms and Conditions, as well as by the applicable Rules and Regulations of this site (as described in this Section). You acknowledge that you are totally responsible for whatever material you submit, and you, not Ty Inc., have full responsibility for such material, including its legality, reliability, appropriateness, originality, and copyright.
Except as described otherwise, all material at this website is made available only to provide information about Ty Inc. Ty Inc. controls and operates this site from its headquarters in Westmont, Illinois, United States of America, and makes no representation that this material is 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 may be 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 on goods, including, without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals list; or (c) to anyone on 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 resident of any such country or on any such list.
This site may be linked to other sites that are not maintained, endorsed or sponsored by Ty Inc. Ty Inc. has not reviewed all of the sites linked to this website. Ty Inc. is not responsible for and makes no representations regarding the content of any other sites linked to this website. The existence of any link to such sites does not imply endorsement, affiliation or sponsorship of those sites with Ty Inc.
The material at this site could include technical inaccuracies or typographical errors. Ty Inc. may make changes or improvements at any time. THE MATERIAL AT THIS SITE IS 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 EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TY INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TY INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF OR THE CONSEQUENCES OF YOUR USE OF THE MATERIAL AT 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 OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW SUCH EXCLUSION.
LIMITATION OF LIABILITY
TY INC. WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE. TY INC. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIAL AT 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 ANY AND ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (INCLUDING WITHOUT LIMITATION, IN CONTRCT, TORT OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
These Terms and Conditions are effective until terminated by you or Ty Inc. You or Ty Inc. may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all material obtained from this site, and (b) all related documentation and all printouts. Ty Inc. may terminate this agreement and deny you access to this website immediately without notice if, in Ty Inc.'s sole judgment, you have breached any of these Terms and Conditions or the Rules and Regulations associated with the Ty Talk Cyberboard or the Beanie Board of Trade.
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. You agree that any action at law or in
equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County
in the State of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of
litigating such action. If any part of these Terms and Conditions is deemed unlawful, void, or unenforceable, 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 may be provided to law enforcement authorities at the sole discretion of
Ty Inc. These Terms and Conditions, the Rules and Regulations applicable to the
Ty Talk Cyberboard and to the BBOT, the
Clarification of Denial for the Rules and Regulations of the
Ty Talk Cyberboard, and the
agreement between the parties relating to the use of this site. Ty Inc.'s products and services are available in many
parts of the world; however, this site may describe products and services which are not available worldwide.
TY INC. INTELLECTUAL PROPERTY
and 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, TY GIRLZ, THE TY GIRLZ COLLECTION, E-BEANIES, E-BEANIE BABY, E-BEANIE BABIES, BEANIE BABIES OFFICIAL CLUB, BBOC, BBOT, 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, the "look and feel" of this website, and most of the names of the individual Ty plush items.
Unauthorized use or copying of Ty Inc.'s intellectual property, including this website, or Ty Inc.'s trademarks, logos, pictures, or names is prohibited by law. Ty Inc. has taken and will continue to take vigorous legal action against those who have participated directly or indirectly in intellectual property infringement. Anyone having information concerning any unauthorized use of Ty Inc.'s intellectual property is urged to contact Ty Inc. at P.O. Box 5377 in Oak Brook, IL 60522, Attn.: Legal Dept.
THIRD PARTY INTELLECTUAL PROPERTY
Ty Inc. expects you to respect its copyright and trademark rights, as well as the copyright and trademark rights of others. You may not post on our website unauthorized copies of third parties' works.
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 us at firstname.lastname@example.org
Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). You should contact
us by completing and submitting our Intellectual Property Infringement Complaint form. Only
messages sent to this agent regarding intellectual property infringement matters will be answered. Messages concerning any other subjects must be sent
to customer service at email@example.com in order to receive a response.
©2007 TY Inc. All rights reserved.