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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.

 
These Terms and Conditions were last updated on 15 Feb 2008
 
OK, before we jump to the “boring but important” legal jargon, here are the highlights you need to know about in Plain English: 
  • We recommend that no-one under the age of thirteen registers as a member of this site. If you are under thirteen, we suggest that you get a parent, teacher or guardian to do it for you.
  • For added safety, we suggest that children under the age of thirteen are always accompanied by a parent, teacher or guardian whilst visiting this site.
  • Only members can post items, and nothing you post should be rude, offensive, or generally upsetting to kids – if it is, we’ll pull it off and revoke your membership.
  • Please be aware that we do our best to keep this site safe, fun and friendly, but due to the sheer volume of posts we have to operate a “report and remove” policy, so if you spot something, tell us and we’ll pull it off as quickly as possible.
  • You are our customers, so we take your privacy very seriously. We’ll never sell on or abuse any information we have about you. To protect your own privacy, do not post up any information about yourself, including your email address, which will enable someone else to identify how you can be directly contacted outside of this site.
  • When you buy a bear and/or passport from us, that is all you are buying - we cannot guarantee an adventure too. How far your bear travels once it is launched into the big wide world is up to fate! It could be days, weeks, months, or even years before you hear from your bear again. We do prompt and remind people to pass bears on if they have been hanging around for a while without moving much. In the worst case scenario, you may never hear from your bear again. But then again, if we could tell you where your bear will end up next, then it wouldn’t be much of an adventure would it!
  • We try to keep this site as up to date, error free and as active as possible, but we can’t guarantee it’ll always be available either.
  • We do our best to complete any order you make in a reasonable timeframe. We’ll also give you the chance to change your mind and return items within fourteen of receiving them for a full refund as long as you pay for and post the stuff back to us unopened. We’ll also replace damaged orders and complete incomplete orders at no cost to you.
  • We use PayPal for online sales, which is safe and secure.
  • Only people aged eighteen years or more can make purchases on this site.
  • Don’t cheat and post copyrighted material or copy other user’s posts!
  • Where’s My Teddy is operated by the Company Dead Clever Ltd, which is registered in England and Wales with Companies House, and all of our deliveries are sourced from the UK, well Cardiff to be precise!
  • We do our best to make this a fun and educational experience for all, so please, give us feedback on how we can make this and your experience better – we’re always open to suggestions and ideas!

Got that? Good! Now for the legal stuff…

 
1.         About These Terms and Conditions of Use
 
This Website (the "Site") is owned and operated by Dead Clever Ltd, trading as www.wheresmyteddy.com ("WMT"). Whether you are a WMT Member ("Member") or a merely a visitor to our Site, your use of the Site and all Services offered are subject to these Terms of Service ("TOS"). WMT reserves the right to update or change these TOS at any time by posting the most current version of the TOS on the Site. Your continued use of the Site after we post any changes to the TOS signifies your agreement to any such changes. If you do not agree to these TOS, you should not use this Site and, if applicable, you should cancel your membership in WMT. This Site offers a number of services including message boards, blogs, member-provided and partner-provided content, social networking features, WMT membership and more ("Services"). WMT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services offered on the Site with or without notice to you. You agree that WMT shall not be liable to you or any third party for any modification, suspension or discontinuance of any or all Services.
 
2.         How this Site May be Used
 
2.1      Registering as a WMT Member
 
You do not have to be a WMT Member to use this Site. However, only Members can access the more advanced features of the site and generate content. Membership is free and is open to anyone who is at least thirteen years old. If you have not yet registered, please do so once you have read and agreed to these TOS. To register, you must provide us with your email address and any other information that we may ask for from time to time ("Registration Data"). You will also be asked to select a password which, along with your email address (or user name) will serve to identify you as a Member each time you visit the Site and allow you to access your account.
 
By registering as a Member you agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Registration Data to keep it true, accurate, current and complete. Members must immediately notify WMT of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Each Member is responsible for the confidentiality of their user name and password and all usage or activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by the Member or the result of the Member authorizing a third party to use the Member's username and password.
 
3.         How this Site May Not be Used
 
3.1      Use of Membership Accounts
 
Members of this site may not (i) select or use a user name of another person with intent to impersonate that person, (ii) use a user name in which another person has rights without authorization from that person, or (iii) use a user name that WMT, at its sole discretion, deems offensive. Members are not permitted to have more than one account or to share accounts with another person. Any duplicate accounts are subject to cancellation. If you provide information that is untrue, inaccurate, not current or incomplete, or WMT has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof).
 
3.2      Use of Services
 
This Site and the Services offered are intended for your personal, noncommercial use. You may not and agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Services except as permitted herein. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Site or the Services. Further, you may not use any such automated means to manipulate the Site or the Services, such as automating what are otherwise manual or one-off procedures, or otherwise exceed the limited access granted to you by WMT.
 
4.         Who May use this Site
 
Because the safety of children is of paramount important to us, WMT encourages participation or visitation by children under the age of thirteen only when they are under the supervision of adults. Visitors who are known to be under the age of 13 are respectfully advised that a parent, teacher or guardian registers as a WMT Member on their behalf. WMT does not therefore knowingly collect personal information from children under the age of 13.
 
5.         Site Policies
 
5.1      Privacy Policy
 
Any information provided by you or gathered by WMT or third parties during any visit to the Site is subject to the terms of the WMT Privacy Policy, the terms of which are incorporated by reference in these TOS. For the full text of our Privacy Policy, please click here.
 
5.2      Sales Policy
 
WMT does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may only purchase products from the Site with the involvement of a parent, teacher or guardian.
 
When you purchase any of the products available on this site at the online store (“Shop”), it is important that you realize that the retail price paid is for the physical teddy bear, accessories (e.g. passport, lanyard, etc) and delivery only. The retail price paid does not include any guaranteed continued access to this site, or the guarantee of any subsequent adventure. WMT will do their level best to keep this site active and error free, but this is not included in the retail price. Similarly any adventures (or not!) your bear gets involved with after their launch is outside of WMT control.
 
When ordering goods from this Site for delivery overseas (i.e. outside of the United Kingdom) you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from WMT, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
 
5.3      Online Sales Returns and Refunds Policy
 
Please click here for details of or Returns and Refunds Policy.
 
5.4      Delivery Services
 
All deliveries taken at the online “Adventure Shop” will be sourced by Noah’s Ark Factory and be dispatched within the same working week of receipt, via Royal Mail.
 
5.5      Conduct of Members and Visitors Policy
 
We believe that all Members and visitors benefit from basic rules regarding conduct while using the Services. Accordingly, we ask you, and you agree to obey the following basic rules of conduct when using the Site: (1) You will follow these TOS and all applicable laws; (2) You will not upload, post, email or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole judgment); (3) You will not upload, post, email or otherwise transmit any content that infringes and/or violates the right of a third party or any law, rule or regulation including but not limited to (a) copyright, patent, trademark, trade secret, or other proprietary right, (b) right of privacy (specifically, you may not distribute another person's personal information without their permission), or publicity; (c) any confidentiality obligation; or (d) any content which you do not have a right to upload. (4) You will not use the Site or the Services to advertise products or services or for other commercial purposes; (5) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact, or harass another user or WMT employee; (6) You will not use the Services to harm minors; (7) You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; (8) You will not post, distribute or transmit any content or software or other computer files that contains a computer virus or other harmful component; (9) You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used in the Internet; and (10) You will comply with the Community Guidelines.
 
6.         Services
 
6.1      Communications from WMT
 
You can register to receive WMT newsletters by completing a short form registration on the home page. You will not be a WMT Member when you complete this short form. However, you can convert this limited registration into a full membership at any time by completing the full membership registration form.
 
By registering as a Member of WMT, you may receive occasional offline as well as online communications from WMT. To opt out of receiving online communications from WMT or to choose which types of communications you wish to receive, you may visit "My Account" to select the types of communications you wish to receive, or send an email to memberservices@wheresmyteddy.com. In addition, you may opt out of receiving a specific type of online communication at any time by following the unsubscribe instructions included in every online communication you receive from WMT.
 
6.2      Forums, Polls and Member-Provided Content
 
WMT offers many opportunities for Members to share information and communicate with other Members, including through our various online forums, blogs, message boards, and through ratings, surveys, polls, and more ("Forums"). Visitors to the Site can read most of the content on the Site but cannot post or submit content. Use of the Site and all information of any kind, including graphics, text, photos and images, that is posted, uploaded, transmitted or otherwise submitted by Members to the Site ("Member Content") is subject to the following terms. (1) You take responsibility for all Member Content posted under your username. If you post or submit any material to the Site, you guarantee to us that you have legal rights to post that material and that it will not violate any law or the right of any person. (2) WMT is under no obligation to return any Member Content to you or to acknowledge receipt. (3) You acknowledge that by using the Site, you may be exposed to Member Content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any Member Content, including content provided by bloggers, nor do we endorse such content. We do not verify the identity of people using our Site, and you assume the risk of believing any Member Content you read. (4) We do have the right, but not the obligation, to monitor, screen, edit, review or remove any Member Content at any time and without notice if we believe it will improve our Site, or if we determine that (a) the content violates these TOS or any other agreement you have with WMT to supply content, (b) removal is necessary to protect the rights, property or personal safety of WMT, its users and the public, or (c) if required to do so by law. You should also be aware that any Member Content posted or submitted to our Site will become public and any personal information you post will be accessible to any visitors to our Site.
 
Because WMT hosts many thousands of blogs, comments, and posts, it is not possible for us to be aware of the content of everything on this site. As such, WMT operates on a "report and remove" basis. If you believe that any content on this Site is defamatory, obscene, offensive, copyrighted, please report it to us using the “Report” function that can be found at the bottom of all user posted content. Once this procedure has been followed, WMT will make all reasonable endeavors to remove the defamatory content complained about within a reasonable time.
 

7.         DISCLAIMERS, WAIVERS, RESTRICTIONS and RIGHTS

 
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
 
7.1      Disclaimer of Warranties
 
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WMT MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WMT DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WMT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
 
7.2      Liability Disclaimer
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WMT OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF WMT HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten GBP.
 
7.3      Indemnity
 
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold WMT, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.
 
7.4      License to Use Content Submitted
 
By submitting Member Content to the Site, you grant WMT a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, distribute, modify, display, adapt, and create derivative works from the Member Content, for any commercial purposes, and to use your name, likeness and any personal information you submit with the Member Content without your prior approval or the payment of any compensation. If WMT has entered into a separate written agreement with you covering Member Content or other content provided by you for the Site or Services, then such separate written agreement shall govern to the extent there is a conflict with these TOS.
 
7.5      Proprietary Rights
 
All material published on the Site, including, but not limited to articles, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials (collectively, "Content") is owned by WMT or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights. WMT owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site. All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including WMT and its partners. Users are prohibited from using any Marks without the written permission of WMT or such third party that may own the Marks. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part without WMT's prior written consent. You may download, whenever specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the Content.
 
7.6      No License Granted
 
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER WMT PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
 
7.7      Links
 
The Site, or Members, may provide links to other World Wide Web sites or resources. Because WMT has no control over such sites and resources, you acknowledge and agree that WMT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials that are available from such sites or resources. You further acknowledge and agree that WMT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
 
7.8      Access Restrictions; Termination
 
We can suspend or terminate your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at WMT's sole discretion, you fail to comply with any of the TOS. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOS shall survive. You understand and agree that your membership in WMT is subject to and conditioned upon the following: Your continued adherence to these TOS and any future modifications thereto. Your violation of these TOS or any other agreement between you and WMT constitute grounds for immediate termination of your membership without further notice at WMT's sole discretion. Termination of your membership will result in cancellation of all rights of access and use granted to Members. Members may terminate their membership at any time by sending an email to memberservices@wheresmyteddy.com to such effect, including their user name and password. WMT shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOS. Any decision WMT makes relating to termination or suspension of any Member's account shall be final and binding. WMT will terminate any Member's account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she or he has not logged into the Site with her user name and password, or she has not called WMT's customer service or contacted WMT in any other manner.
 
7.9      Digital Millennium Copyright Act ("DMCA") Notice
 
Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) 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. All DMCA notices should be sent to our designated agent as follows: WMT Att: Legal DCMA, Dead Clever Ltd, 8 Greenfield Crescent, Edgbaston, Birmingham, B15 3BE, United Kingdom.
 
8.         Legal Jurisdiction
 
These TOS are the entire agreement between you and WMT. They supersede any and all prior or contemporaneous agreements between you and WMT relating to your use of the Site or the Services. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of WMT to partially or fully exercise any rights or the waiver of WMT of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by WMT or be deemed a waiver by WMT of any subsequent breach by you of the same or any other term of these TOS.
 
The rights and remedies of WMT under these TOS and any other applicable agreement between you and WMT shall be cumulative, and the exercise of any such right or remedy shall not limit WMT's right to exercise any other right or remedy. These TOS are governed by, and will be interpreted in accordance with, the laws of the England and Wales. You can direct any questions concerning these TOS to memberservices@wheresmyteddy.com.
 
Thanks for reading!
 
The Where's My Teddy Team.

 

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