| Tykie Diapers and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Tykiediapers.com or tykie.cutsie.net, you accept these conditions. Please read them carefully. In addition, when you use any current or future Tykiediapers.com service (e.g., Address book, Tell a friend, etc) or visit or purchase from any business affiliated with Tykiediapers.com, whether or not included in the Tykiediapers.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to TykieDiapers.com, to understand our practices.
ELECTRONIC COMMUNICATIONS When you visit Tykiediapers.com or send e-mails to us, you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site. 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. COPYRIGHT All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations, and
software, is the property of Tykiediapers.com or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on this site is the exclusive property of Tykiediapers.com and protected by
U.S. and international copyright laws. All software used on this site is the
property of Tykiediapers.com or its software suppliers and protected by United States
and international copyright laws. LICENSE AND SITE ACCESS Tykiediapers.com grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of Tykiediapers.com. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of Tykiediapers.com. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Tykiediapers.com and
our affiliates without express written consent. You may not use any meta tags
or any other "hidden text" utilizing Tykiediapers.com's name or trademarks without
the express written consent of Tykiediapers.com. Any unauthorized use terminates the
permission or license granted by Tykiediapers.com. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
Tykiediapers.com so long as the link does not portray Tykiediapers.com, its affiliates, or
their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Tykiediapers.com logo or other proprietary
graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT If you use this site, 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. Tykiediapers.com does sell products for children, but
it sells them to adults, who can purchase with a credit card via Paypal. If you are under
18, you may use Tykiediapers.com only with involvement of a parent or guardian.
Tykiediapers.com and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post reviews, comments, and other content; send
other communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content.
Tykiediapers.com reserves the right (but not the obligation) to remove or edit such
content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate
otherwise, you grant Tykiediapers.com and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant Tykiediapers.com and its affiliates and sublicensees the right to use the name
that you submit in connection with such content, if they choose. You represent
and warrant that you own or otherwise control all of the rights to the content
that you post; that the content is accurate; that use of the content you supply
does not violate this policy and will not cause injury to any person or entity;
and that you will indemnify Tykiediapers.com or its affiliates for all claims
resulting from content you supply. Tykiediapers.com has the right but not the
obligation to monitor and edit or remove any activity or content. Tykiediapers.com
takes no responsibility and assumes no liability for any content posted by you
or any third party. COPYRIGHT COMPLAINTS Tykiediapers.com and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please follow our
Notice and Procedure
for Making Claims of Copyright Infringement. RISK OF LOSS All items purchased from Tykiediapers.com 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. PRODUCT DESCRIPTIONS Tykiediapers.com and its affiliates attempt to be as accurate as possible.
However, Tykiediapers.com does not warrant that product descriptions or other content
of this site is accurate, complete, reliable, current, or error-free. If a
product offered by Tykiediapers.com itself is not as described, your sole remedy is
to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products
on our website represents the full retail price listed on the product itself,
estimated in accordance with standard industry practice.
Despite our best efforts, a small number of the items in our catalog may be mispriced. If we
discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated
price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated
price, we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such
cancellation.
Please note that this policy applies only to products sold and
shipped by Tykiediapers.com. OTHER BUSINESSES We provide
links to the sites of affiliated companies and certain other businesses. We are
not responsible for examining or evaluating, and we do not warrant the
offerings of, any of these businesses or individuals or the content of their
Web sites. Tykiediapers.com does not assume any responsibility or liability for the
actions, product, and content of all these and any other third parties. You
should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Tykiediapers.com ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Tykiediapers.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Tykiediapers.com
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Tykiediapers.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
Tykiediapers.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Tykiediapers.com WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. 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. APPLICABLE LAW By visiting Tykiediapers.com, you agree that the laws of the state of
Oklahoma, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you and
Tykiediapers.com or its affiliates. DISPUTES Any dispute relating in any way to your visit to Tykiediapers.com or to
products you purchase through Tykiediapers.com shall be submitted to confidential
arbitration in Oklahoma, except that, to the extent you have in any
manner violated or threatened to violate Tykiediapers.com's intellectual property
rights, Tykiediapers.com may seek injunctive or other appropriate relief in any state
or federal court in the state of Oklahoma, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our
pricing policy
posted on this site. These policies also govern your visit to Tykiediapers.com. We
reserve the right to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS - Tykiediapers.com, Inc.
- 1607 Oakwood Dr.
- Henryetta, OK 74437
Notice and Procedure for Making Claims of Copyright
Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Tykiediapers.com's copyright agent
the written information specified below. Please note that this procedure is
exclusively for notifying Tykiediapers.com and its affiliates that your copyrighted
material has been infringed. - An electronic or 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, including the item number, if
applicable;
- 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.
Tykiediapers.com's Copyright Agent for notice of claims of copyright
infringement on its site can be reached as follows: - Copyright Agent
- Tykiediapers.com Legal Department
- 1607 Oakwood Dr.
- Henryetta, OK 74134
- e-mail: tykiediapers@gbronline.com
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