Updated June 5, 2018
Welcome to Tinkertontoys.com as operated by Afton Company LLC, DBA Tinkerton Toys. These are our rules if you want to use our website and the services or products available from our website. If you do not agree to these rules, you cannot use our site. We can change these rules whenever we want and will post the new rules on our site, whether you notice them or not. We have intentionally written them in a way that avoids legalese so that everyone can clearly understand and agree to the rules and understand their rights and responsibilities.
We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products.
1.0 Site Services
We agree to provide you with services, or the “Service” through Tinkertontoys.com. In exchange for providing this service, we require you to follow these rules:
- You must be at least 13 years old to use the Site, or if you are a resident of the EU, you must be at least 16 years old. Don’t lie about your age. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf.
- Don’t change anything about our website or applications, upload any type of virus or malware, or do anything that might interfere with the way the Site or its services works.
- Don’t do anything that might affect how other people use and enjoy the Site. Be a good neighbor.
- Don’t encourage anyone to break these rules.
- Use your common sense, and be a good human.
- Don’t make unauthorized purchases, or don’t use someone’s credit card or payment information without the rights to use it.
2.0 Your Rights
2.1 You have the right to feel safe using Site.
3.0 Our Rights
3.1 We are not responsible for the following:
- Links to other companies or websites, even when the link shows up in Site
- What happens when you connect your Site account to another website or service, including sharing a picture or video. You should read the rules for that service to know your rights.
- The data cost on your mobile device for using Site or its services.
- Any content that is stolen or copied from the Site by someone else.
3.2 We can end the Site and its services at any time or stop you from using Site at any time for any reason without letting you know beforehand. We can also delete content you have uploaded for any reason, whether you think they violated our rules or not. We do not have to pay you if we delete content that was making you money.
4.0 Intellectual Property Rights
All images, text, designs, graphics, trademarks and service marks are owned by and property of Afton Company LLC, DBA Tinkerton Toys, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Site is illegal and may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. Do not try to use our stuff, remove it, change it, or claim to be us without written permission.
Choose between (A) or (B):
(A) Limited Use with Attribution:
You may use our intellectual property with clear and obvious credit back to our site, as well as correct links back to the page where the materials, designs, images, text, quote or post is specifically located. You may never claim any of our intellectual property as your own or your original creation, however, even with attribution. Please utilize the grandma test: If a grandma saw the content on your site, she should understand that the content is NOT yours. If you cannot make the distinction that clear, then please do not use our content in any way.
B) No Use
You may NOT use our intellectual property in any way, which includes copying and pasting any text, screenshotting or reposting a image, design or other property on another site, whether it is yours or someone else’s, including posting a quote or image on social media. NOT ALL SHARING IS CARING. We have invested a lot of time and money into creating our intellectual property and we respect intellectual property rights—as should you. Karma is real:don’t steal.
5.0 This Agreement
5.1 If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win.
5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid.
5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement.
5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement.
5.5 No one else besides you and us (no third parties) have rights under this agreement.
5.6 You cannot give these rights or obligations to someone else without our consent. We can give our rights and obligations to someone else, however, like if we change ownership by selling part or all of our business, or if we need to for legal reasons.
6.0. Advertising, Affiliates and Testimonials
This site may use advertising or affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed ads or affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. Any testimonials reflect the accurate experience of the person quoted, however, your results with any particular product or service may vary.
7.0 Refunds & Payment Collection
We like to have fun, but we take our business seriously. We’d appreciate your careful consideration of the service and products available on the site, and we advise you to make your purchases carefully.
We are happy to work with each customer until they are fully satisfied. We allow refunds within 30 days or less of purchase, per the policy of our fulfillment partner Amazon. If the item is shipped back to us after this time frame, we will happily offer you a store credit. Items must be returned in their original packaging in their original condition. If an item is not received back in this condition, we reserve the right to offer you store credit instead of a refund, or ship the item back to you for you to keep, at our discretion.
8.0 Limits on Liability
8.1 Site operates as is, and we can't guarantee it will be safe and secure or will work perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to find reliable vendors to help us operate the Site and its services. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. You should read and agree to their rules and terms.
8.2 We cannot predict when issues might arise with our service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits or revenues, information or data, or any kind of damages (consequential, special, indirect, exemplary, punitive, or incidental) arising out of or related to these Terms, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
8.3 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent.
8.4 Nothing on the site, or offered through its services or products, is intended to diagnose or treat any physical or mental illness. No information on the site is intended to be legal, medical, or financial advice and is for educational purposes only, unless clearly marked otherwise.
9.0 How We Will Handle Disputes
9.1 We hope there won’t be any problems and that you will reach out to us if you are having issues with our service. But, if you have a legal problem with Site, you agree to use binding arbitration under the AAA, which means you will not get go to court by yourself or with others or be part of a class-action lawsuit or arbitration. We and you waive a trial by jury. The following claims don't have to be arbitrated and may be brought to court: small claims, intellectual property disputes (like copyrights and trademarks), or efforts to interfere with the services or engage with the service in unauthorized ways. A court can also decide issues about the scope and enforceability of these arbitration provisions.
9.2 For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the District of Utah or a state court located in Utah. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
9.3 The laws of the State of Utah , to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
9.4 We appreciate feedback, but we may use any of your comments without any obligation to pay you and do not have to keep them confidential. For questions about this policy, you can email us at firstname.lastname@example.org.