Terms of Use

Legal Restrictions and Terms of Use Applicable to this Site

Use of this site signifies your Agreement to these terms of use (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using the site BackToBasicsToys.com (the “Site”) or the services made available on the Site, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

Our Site is a general audience site that sells products for children to be purchased by adults.  Accordingly, you must be eighteen (18) years of age or older or the age of majority in the state where you live to register and/or make purchases on the Site or to submit any content to the Site.

USE OF MATERIALS  

This Site is owned and operated by BTBT CAT, Inc. doing business as BackToBasics (“BTBT”, or “we” or “our” or “us”) or, in the case of certain features, its third party service providers or licensors, and unless otherwise indicated all the content (including, but not limited to, all audio, photographs, illustrations, graphics, text, logos, hyperlinks, other visuals, video, copy and tools), software, code, data and other materials on our Site (collectively, the “Site Content”), the look and feel, design and organization of the Site, and the compilation of the Site Content, are the property of BTBT and such third parties and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.  Except as specifically provided in connection with a particular service or activity or as expressly permitted through a tool provided on the Site (such as an “email-a-friend” feature or a widget allowing you to feed content to a page or profile you may have on a third party site), no Site Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download and/or print one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices appearing in such materials.  Modification of the Site Content or use of the Site Content for any other purpose may be a violation of BTBT's copyright, trademark and trade secret rights, as well as the proprietary rights of others. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited.

TRADEMARKS

The trademarks, logos, service marks and trade names (collectively, the "Trademarks") displayed on our Site or on content available through the Site are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights.  You are not granted, in any way, any license or right to use any Trademark displayed on the Site without the written permission of us or the applicable rights holder.

SOFTWARE

In the event you download or use software from the Site, the software, which includes, without limitation, any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software"), are licensed to you by BTBT for the purposes described herein or in other agreements or terms of use specific to particular features, products or services offered on the Site, and no title to the Software or any portion thereof is transferred to you by BTBT. As between you and BTBT, BTBT retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble, or attempt to do any of the foregoing to, the Software.

USER CONDUCT; SUBMITTED MATERIALS

Derogatory, harmful or unlawful conduct is not permitted on our Site. Users are not permitted to upload to the Site or distribute or otherwise publish through the Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, fraudulent, misleading, false or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person or entity (including any intellectual property rights), or otherwise give rise to liability or violate any law.  Unauthorized commercial messages and/or public announcements are not allowed on the Site or through the Site’s services or systems.  Spidering, screen-scraping, database scraping, harvesting or any other unauthorized collection and/or use of email addresses or other content or information via the Site is also not allowed.  You also agree that you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any person or entity, whether actual or fictitious, including anyone from the Site or BTBT; (ii) obtain or attempt to gain unauthorized access to other computer systems or to any materials, information or services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site; or (iii) use the Site or its features or services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other person’s or entity's use and enjoyment of the Site, including without limitation sending mass unsolicited messages or “flooding” servers with requests.  You further agree to comply with all laws that apply or may apply to your use of or activities on the Site, in whole or in part, and any additional rules for conduct on the Site or use of specific features, products or services offered on the Site that may be posted on the Site, whether in these Terms of Use or otherwise, from time to time, or as required by any other applicable agreement or policy.

Any information, product reviews, stories, comments, communications, creative works, contest entries, ideas, photographs, suggestions, proposals, concepts, depictions, methods, systems, designs, plans, techniques or other materials you upload, submit or otherwise send to, distribute through or post on our Site, including without limitation via message boards, chat rooms, blogs or any other features on the Site (collectively, “Submitted Materials”) may be used by us in any manner consistent with these Terms of Use and any other applicable agreement or policy.

Further, by submitting or sending Submitted Materials to us, you: (i) represent and warrant that either (A) the Submitted Materials are original to you and that no one else has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to validly use such Submitted Materials and submit them to the Site in accordance with these Terms of Use, including without limitation a written consent and/or release from each and every identifiable individual person depicted or referenced in your Submitted Materials, and that any "moral rights" in the Submitted Materials have been waived, and (ii) you hereby grant BTBT and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive, irrevocable, fully transferable, assignable and sublicensable license to use, including without limitation the right to copy, modify, adapt, translate, store, publish, perform, display, distribute, create derivative works from, sell and export such Submitted Materials, in whole or in part, alone or in combination with other material, in any and all media, whether now known or hereafter devised.  Upon our request, you will provide us with documentation evidencing your compliance with the foregoing or otherwise with these Terms of Use.       

Users, not BTBT, are solely responsible for the content of their Submitted Materials.  You acknowledge that BTBT may or may not pre-screen and/or monitor content posted on the Site, that BTBT has no obligation to post or maintain any Submitted Materials on the Site, and that BTBT shall have the right (but not the obligation) to remove, edit, move or close, in whole or in part, any product review, thread or posting in any chat room or other posting via any similar feature on the Site, or any other Submitted Materials, at any time and for any reason, in BTBT’s sole discretion.

Please be aware that information you post on, upload to or distribute through a message board, chat room, blog or any similar feature, unless otherwise specified in connection with a particular activity, feature or service, may generally be accessible by other users of our Site and maybe even the general public.  Accordingly, please be sure that any such information is information that you are comfortable sharing with the public.  In addition, content submitted to a public forum or similar feature on a Site may be recorded and stored in multiple places, both on the Site and on the Internet, which may be accessible to the public for a long time.                                                                            

NO PERSONAL ADVICE

Any content or informational materials provided on our Site, including without limitation the opinions, observations and recommendations of any authors or moderators, are not intended to substitute for any professional educational or other advice. Without limitation of the Disclaimer paragraphs set forth below, BTBT makes no representations or warranties regarding, and expressly disclaims any and all liability with respect to, any action by any person who takes any action as a consequence of or purportedly based on the information offered or provided within or through the Site. 

THIRD PARTIES

Your correspondence and dealings with any and all third parties that you encounter via our Site (including, for example, through a link located on the Site to a third-party website, which may take the form of an ad banner, widget or bookmarking tool) are solely between you and such third party.  You agree that BTBT shall not be responsible or liable for any dispute, loss, damage or expense of any sort incurred as a result of any such dealings.  In addition, you acknowledge that BTBT does not endorse, verify or make any representations regarding any third party advertisements, websites, programs, products or services (including those to which the Site may link) and does not confirm that each user of the Site is who the user claims to be.  It is your sole responsibility to research and verify the legitimacy of any third party, whether an organization or an individual, you encounter via the Site (including via links to third party websites from the Site), and you are solely responsible for your decision to interact with or submit any personal information to any third party.  You are also responsible to review the terms of use and privacy statements of any third party websites. 

CHANGES TO THE SITE

BTBT may add, change, discontinue, remove or suspend any portion of the Site, or any of the services or features available on or through the Site, at any time and without notice. 

USER ACCOUNTS

Certain portions of our Site may ask you to create an account.  If you choose to create such an account, including any account user name or password, you agree to provide only true, accurate, current and complete information in connection with your account, and to comply with any applicable guidelines or rules regarding user name and password creation.  You further agree that you accept full responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign any aspect of your account or allow others to use it.  You are responsible for maintaining the confidentiality of any user name and password that may be assigned to or selected by you so that others may not access any members-only or password-protected portions of the Site using your account or identity. 

TERMINATION                                                                            

BTBT reserves the right, in its sole discretion and without notice to you, to terminate your account or to restrict or suspend your access to all or part of the Site for any reason, including without limitation for extended periods of inactivity, interference with the technological operation of the Site, illegal activity, failure to comply with these Terms of Use or repeated infringing copyright (including without limitation repeated infringements). Upon termination, or after extended periods of inactivity in any user account, BTBT may, but except as may be required by law is under no obligation to, delete any information or materials that may have been submitted in connection with, or otherwise associated with, such terminated or inactive account.

DISCLAIMER

BTBT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS  CONTENTS, INCLUDING WITHOUT LIMITATION ANY INFORMATION, MATERIALS, PRODUCTS OR SOFTWARE, ALL OF WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE", UNLESS OTHERWISE SPECIFIED IN WRITING.  BTBT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ITS CONTENTS AND ANY WEB SITE WITH WHICH THE SITE IS LINKED. BTBT DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS INCLUDING WITHOUT LIMITATION ANY INFORMATION, MATERIALS, PRODUCTS OR SOFTWARE, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE OR ITS CONTENTS INCLUDING ANY SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENTS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS.  BTBT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE.  IN ADDITION, PRODUCT COLORS AND FEATURES MAY NOT BE EXACTLY AS THEY APPEAR ON YOUR SCREEN, AND PRODUCTS PICTURED MAY NOT BE AVAILABLE IN ALL GEOGRAPHIC REGIONS.  YOU (AND NOT BTBT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, UNLESS OTHERWISE SPECIFIED IN WRITING. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT APPLICABLE LAW WOULD PROVIDE OTHERWISE. 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BTBT OR ANY OF AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR ACCESS TO OR USE OF, OR FROM THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF BTBT OR A BTBT-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT APPLICABLE LAW WOULD PROVIDE OTHERWISE.  IN NO EVENT SHALL BTBT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.  ALL USERS OF OUR SITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE AGREED TO THESE TERMS OF USE WITHOUT THESE LIMITATIONS OF LIABILITY.

YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING THAT, BY ACCESSING THE SITE AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY OTHER STATE OR TERRITORY) WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION

By using our Site, you agree to indemnify, defend and hold harmless BTBT from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses and liabilities, and all costs and expenses of defense (including without limitation reasonable attorneys' and other legal fees and costs), arising out of or relating to:  (1) your violation of these Terms of Use or any applicable law, rule or regulation; (2) any claim that is based on your access to or use of any Site Content; or (3) any Submitted Material uploaded, transmitted, placed or submitted by you or through your computer to our Site or otherwise sent by you to BTBT. BTBT reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate as fully and reasonably as required by BTBT in the defense thereof, and you will not in any event settle any claim without the prior written consent of BTBT.

JURISDICTIONAL ISSUES

The Site is controlled and operated by BTBT from its offices in Herndon, Virginia, United States of America, and you understand that information or materials you submit to or through the Site will be subject to United States federal or applicable state law.  BTBT makes no representation that materials on our Site are appropriate or available for use in other locations.  Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable to their use of the Site or any Site Content. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Sudan, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not a national resident of or located in or under the control of, any such country or on any such list.

OTHER

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America to the extent applicable to the subject matter hereof and in all other respects to the laws of the state of New York applicable to contracts made in and to be entirely performed in such state. You and BTBT each agree to submit to the exclusive jurisdiction of the courts of the state of New York and the federal courts of the Southern District of New York. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

PERMISSION FOR REPRINTS                                                                

All material on the Site, without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on the Site (outside of personal, non-commercial use), please write to: 

General Manager
BackToBasicsToys
610 Herndon Parkway
Suite 600
Herndon, VA  20170

PERMISSION FOR WEB LINKING

If you link to our Site, such link must not damage, dilute or tarnish the goodwill associated with BTBT or any BTBT intellectual property, nor may the link create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with BTBT in any way, and you may not “frame” the Site or any page of the Site, such that the Site or such page is surrounded or obfuscated by any third party content, materials, advertising or branding.  You may not link to our Site from any website that is, or contains material that is, unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in BTBT’s sole discretion.  BTBT reserves the right, in its sole discretion, to terminate any link from any website.

COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE

Notification of a copyright infringement claim must be submitted to the following:

Legal Dept
Scholastic Inc.
557 Broadway
New York, NY 10012
Phone: 212-343-6726
Email: tm&c@scholastic.com

The notification must be in writing and include:

1.         An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

2.         Identification and description of each alleged infringing copyrighted work or works;

3.         Identification and description of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;

4.         Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);

5.         A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.         A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BTBT reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time.         

For other questions about BackToBasicsToys.com, please consult Customer Service.

Backtobasicstoys.com is owned and operated by Scholastic Inc., 557 Broadway New York, NY, 10012. We can be reached by phone at 1-800-356-5360 and by e-mail at customerservice@backtobasicstoys.com.

Effective date:  November 4, 2009