Overview
The following rules and regulations apply to all visitors to or users of the Kathy’s Teddy Bear Shoppe Web Site, the home page of which is at KathysTeddyBears.com. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by Kathy’s Teddy Bear Shoppe, owner of KathysTeddyBears.com, at any time and posted on this Web site. In the event of a violation of these rules and regulations, Kathy’s Teddy Bear Shoppe reserves the right to seek all remedies available by law and in equity.
Limited License
The Kathy’s Teddy Bear Shoppe Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials” ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Kathy’s Teddy Bear Shoppe as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the Kathy’s Teddy Bear Shoppe Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Kathy’s Teddy Bear Shoppe may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Kathy’s Teddy Bear Shoppe.
Trademarks
Kathy’s Teddy Bear Shoppe and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Kathy’s Teddy Bear Shoppe, and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Kathy’s Teddy Bear Shoppe Web Site. Your misuse of the trademarks displayed on the Kathy’s Teddy Bear Shoppe Web Site is strictly prohibited. You are also advised that Kathy’s Teddy Bear Shoppe will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Linking
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Kathy’s Teddy Bear Shoppe Web Site. None of such links should be deemed to imply that Kathy’s Teddy Bear Shoppe endorses the Third Party Sites or any content therein.
Kathy’s Teddy Bear Shoppe does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Kathy’s Teddy Bear Shoppe will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Special Notice
Kathy’s Teddy Bear Shoppe has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Kathy’s Teddy Bear Shoppe web page is prohibited absent express written permission from Kathy’s Teddy Bear Shoppe. Framing, inline linking or other association of the Kathy’s Teddy Bear Shoppe Web site or its Materials with links, advertisements and/or other information not originating from the Kathy’s Teddy Bear Shoppe web site is expressly prohibited.
Disclaimer of warranty
Access to KathysTeddyBears.com is provided to our customers and prospective customers “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Kathy’s Teddy Bear Shoppe reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
Jurisdiction:
Kathy’s Teddy Bear Shoppe controls this Web Site from its offices within the State of Missouri. Kathy’s Teddy Bear Shoppe does not imply that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the state of Missouri, without giving effect to its conflict of laws provisions.
Your Communications:
Kathy’s Teddy Bear Shoppe shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to Kathy’s Teddy Bear Shoppe through the Web Site shall be subject to the Web Site’s Privacy Policy.
Limitation of Liability
IN NO EVENT WILL Kathy’s Teddy Bear Shoppe BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Kathy’s Teddy Bear Shoppe IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Revisions:
Kathy’s Teddy Bear Shoppe may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. Kathy’s Teddy Bear Shoppe also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Kathy’s Teddy Bear Shoppe may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.
Kathy’s Teddy Bear Shoppe.