Welcome to the BigBadToyStore website, www.bigbadtoystore.com. BigBadToyStore, Inc. ("BigBadToyStore") provides services ("BigBadToyStore Services") to you subject to the notices, terms, and conditions set forth in this agreement.
By using BigBadToyStore Services, you agree to these conditions. Please read them carefully.
When you use any BigBadToyStore Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site. You can retain copies of these communications for your records. 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.
All content included in or made available through any BigBadToyStore Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BigBadToyStore or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BigBadToyStore Service is the exclusive property of BigBadToyStore and is protected by U.S. and international copyright laws.
BIGBADTOYSTORE, BBTS, and PILE OF LOOT are registered trademarks of BigBadToyStore. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BigBadToyStore Service are trademarks or trade dress of BigBadToyStore in the U.S. and other countries. BigBadToyStore's trademarks and trade dress may not be used in connection with any product or service that is not BigBadToyStore's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BigBadToyStore. All other trademarks not owned by BigBadToyStore that appear in any BigBadToyStore Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BigBadToyStore.
LICENSE AND ACCESS
If you use any BigBadToyStore Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BigBadToyStore does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use BigBadToyStore Services only with involvement of a parent or guardian. BigBadToyStore reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
RISK OF LOSS
All items purchased from BigBadToyStore are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
BigBadToyStore does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, BigBadToyStore does not take title to the refunded item.
BigBadToyStore attempts to be as accurate as possible. However, BigBadToyStore does not warrant that product descriptions or other content of any BigBadToyStore Service is accurate, complete, reliable, current, or error-free. If a product offered by BigBadToyStore is not as described, your sole remedy is to return it in unused condition.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, BigBadToyStore shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, your payment method will be refunded in the amount of the charge.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
BIGBADTOYSTORE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BIGBADTOYSTORE SERVICES ARE PROVIDED BY BIGBADTOYSTORE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BIGBADTOYSTORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BIGBADTOYSTORE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BIGBADTOYSTORESERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BIGBADTOYSTORESERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIGBADTOYSTORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIGBADTOYSTORE DOES NOT WARRANT THAT BIGBADTOYSTORE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BIGBADTOYSTORE SERVICES, BIGBADTOYSTORE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BIGBADTOYSTORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGBADTOYSTORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BIGBADTOYSTORE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BIGBADTOYSTORE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the state of Wisconsin, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (Streamlined Arbitration Rules & Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Allocation of Fees and Costs: The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing. We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed upon
A description of where the material that you claim is infringing is located on the site
Your address, telephone number, and e-mail address
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Please send your complaint to:
321 SMC Dr
Somerset, WI 54025
Email: [email protected]
Please note that this procedure is exclusively for notifying BigBadToyStore that your copyrighted material has been infringed.