Terms of Use
Please Read the Terms of Use Carefully.
Please abide by the Terms and Conditions that follow, which govern the use of all web sites owned and operated by Backpack Toys, Ltd. and Kid Innovation, Inc., including but not limited to www.backpacktony.com, www.teddyruxpin.com and www.myairship.net (together, the "Web Sites"). Please read them carefully, because when you use any of the Web Sites , you automatically agree to be bound by these Terms and Conditions . If you do not agree to and accept these terms and conditions, you may not use our Web Sites.
 
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN THE WEB SITES
The following terms govern your accessing, downloading, viewing or use of any software, graphic content or text content (together, the "Materials") on the Web Sites.
  1. You agree not to re-use any Materials from the Web Sites. In particular, you agree not to copy, sell, license, distribute, republish, upload, post, publicly display or perform, modify, make derivative works from, transmit or otherwise use any Materials from our Web Site(s) unless you get our written consent -- first .

    There's one exception: you may download Material onto one computer for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark, or other proprietary notices. (If you purchase a license for our The Airship™ software, you may be permitted to install it on more than one computer; see the End User License Agreement for more details.) You may not modify the Materials or use them for any other purpose; if you do, you'll be violating our intellectual property rights.

    Materials from the Web Sites may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors.
     

  2. Everything you download -- any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it - are the property of Backpack Toys, Ltd. and are protected by the copyright and other intellectual property laws of the United States and other countries. All software and content that you view or use in the Web Sites is considered licensed to you by Backpack Toys, Ltd.
     
  3. End User License Agreement for our software. In the case of software, that means that we retain full and complete title to the software and to all of the associated intellectual property rights. So you're not allowed to redistribute or sell the software -In addition, you are not allowed to reverse-engineer, disassemble, or otherwise convert software to any other form that people can use. For more information about the terms and conditions governing licensing and use of our The Airship™ software available on the Web Site, please click here to access a copy of the End User License Agreement.
     
  4. Trademarks. BACKPACK TOYS, and the Backpck Toys Logo, as well as our other trademarks, service marks trade names and logos used and displayed on the Web Sites, are trademarks of Backpack Toys, Ltd., and are protected by state and federal law. You may not use or reproduce any of Backpck Toys's trademarks for any purpose without first obtaining our written permission.

    Other company, product or service names appearing on the Web Sites may be trademarks of others. These trademarks also may not be used or reproduced without the express written consent of Backpack Toys, Ltd. and the respective owner(s) of the mark(s).

 
PRIVACY
Backpck Toys takes consumer privacy very seriously. Access the Privacy Policy which covers the Web Sites here.

External third-party web sites have their own policies regarding privacy. Please be aware of this whenever you leave our Web Sites.

 
YOUR ACCOUNT
If you use our Web Sites, 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. Backpack Toys, Ltd. does sell products that will be used by children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use our Web Sites only with involvement of a parent or guardian. Backpack Toys, Ltd. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
 
LINKS
  1. The Web Sites may contain links to third-party web sites. These links are provided solely as a convenience to you, and should not be considered as an endorsement by Backpack Toys, Ltd. of the content on, or owners of, any such third-party sites. The content of such third-party sites is provided entirely by others, and Backpack Toys, Ltd. has no responsibility for such content. You should take precautions whenever you download files from any web sites to protect your computer from viruses or other destructive programs. If you decide to access third-party sites, whether or not through links provided on our Web Sites, you do so at your own risk.
     
  2. You may not create a link to any of our Web Sites without first obtaining our written permission. You may not use any Backpack Toys, Ltd. trademark to identify a link to or from any web site without first obtaining our written permission.
 
IF YOU SUBMIT MATERIAL TO US...
  1. Certain areas of the Web Sites may ask you to register with us. All registration information is handled according to our Privacy Policy. Please click here to access the Privacy Policy and learn more about registration information.
     
  2. All remarks, suggestions, ideas, graphics, or other information that you communicate to Backpack Toys, Ltd. through this site (other than information we promise to protect under our Privacy Policy), becomes and remains our property, even if this agreement is later terminated.

    This means that...
     

    • We don't have to treat any such submission as confidential.
       
    • You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
       
    • If we use them -- or anything like them -- we don't have to pay you or anyone else for them.
       
    • We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them.
       
  3. You acknowledge that you are responsible for any submission you make -- in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
 
LIMITATION OF LIABILITY
BACKBACK TOYS, LTD. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS WEB SITES.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY...

  • USE OF (OR INABILITY TO USE) THE WEB SITES,
  • USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEB SITES
  • FAILURE OF PERFORMANCE,
  • ERROR,
  • OMISSION,
  • INTERRUPTION,
  • DEFECT,
  • DELAY IN OPERATION OR TRANSMISSION,
  • COMPUTER VIRUS, OR...
  • LINE FAILURE.

KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING...

  • DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
  • DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES");
  • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").

FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.

EXCEPTION : IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, IN SUCH STATES, BACKPACK TOYS, LTD.'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR WEB SITES.

 
DISCLAIMER
THE MATERIALS IN OUR WEB SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND YOU USE THEM AT YOUR OWN RISK. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) KID INNOVATION, INC. DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIALS IN THE WEB SITES.

THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES...

  • AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
  • THAT THE MATERIALS ARE OF ANY PARTICULAR LEVEL OF QUALITY.
  • THAT ANY INFORMATION IS ACCURATE, TIMELY, RELIABLE AND/OR COMPLETE.
  • THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DATA STREAM WILL BE UNINTERRUPTED OR OPERATE AT A PARTICULAR SPEED.
  • THAT DEFECTS WILL BE CORRECTED.
  • THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, BACKPACK TOYS, LTD. DOES NOT MAKE ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS, GUARANTEES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT ALL INAPPROPRIATE CONTENT WILL ALWAYS BE BLOCKED, FILTERED, OR REMOVED; OR THAT YOUR CHILD WILL AT ALL TIMES BE ABSOLUTELY SAFE OR INSULATED FROM INAPPROPRIATE CONTENT. BACKPACK TOYS, LTD. CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT YOUR CHILD WILL NOT ENGAGE IN INAPPROPRIATE BEHAVIOR ON THE INTERNET, THAT THEY WILL NOT VOLUNTARILY RELEASE PERSONAL INFORMATION ABOUT THEMSELVES OR YOU, OR THAT A CHILD OR OTHERS WILL NOT TRY TO CIRCUMVENT, OR BE SUCCESSFUL IN CIRCUMVENTING, THE SAFETY FEATURES OF OUR WEB SITES AND SOFTWARE.

IN ADDITION TO THE ABOVE, YOU (AND NOT BACKPACK TOYS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

EXCEPTION : IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

EXCEPTION : IF YOU DECIDE TO PURCHASE A LICENSE TO THE AIRSHIP™ SOFTWARE, CERTAIN OTHER WARRANTIES MAY APPLY TO THAT LICENSE. CLICK HERE TO REVIEW THE END USER LICENSE AGREEMENT.

 
JURISDICTION
Unless otherwise specified, the materials in our sites are presented to provide information about Backpack Toys, Ltd. and its products.

Backpack Toys, Ltd. controls and operates its Web Sites from the company's headquarters in Westborough, Massachusetts, in the United States of America. We in no way imply that the Materials on the sites are appropriate or available for use outside of the United States. If you use our Web Sites from locations outside of the United States, you are responsible for compliance with any applicable local laws.

The Web Sites may contain software that is subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported:

  1. into (or to a national or resident of) any country to which the United States has placed an embargo; or...
     
  2. to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Table of Deny Orders.

If you download or use software (if any) from our Web Sites, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list.

These Terms and Conditions, and the Agreement they create, are governed by the internal substantive laws of the State of Delaware . You expressly agree that a ny dispute relating in any way to your use of the Web Sites or to products you purchase through our Web Sites shall be submitted to confidential arbitration in Boston, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court in the state of New Hampshire, 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.

 
MODIFICATION OR TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party.

You may terminate this agreement at any time, by exiting the Web Sites and destroying all materials obtained from the Web Sites, along with all related documentation and all copies and installations.

Backpack Toys, Ltd. may modify or terminate these Terms and Conditions, and the agreement they create, at any time, for any reason, simply by updating this posting and without notice to you. Any modifications or revisions to this Terms and Conditions will become effective immediately upon posting. It is your responsibility to check this page periodically so that you will be aware of the terms and conditions then in effect. You may read a current, effective copy of these Terms and Conditions at any time by clicking on any of the "Terms of Use" links located at various places throughout the Web Sites.

In addition, by providing Materials on our Web sites, we do not in any way promise that the Materials will remain available to you. And Backpck Toys, Inc. is entitled to alter, move, discontinue or remove all or part of any of its Web Sites at any time, without notice to you.

 
MISCELLANEOUS
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.

Any delay or failure of Backpack Toys, Ltd. to act on or enforce any provision of this Agreement shall not be construed as a waiver by Backpack Toys, Ltd. of any present or future violation of that provision or any other provision of this Agreement. No waiver of any provision of this Agreement will be effective against Backpack Toys, Ltd. unless it is made in writing, signed by a duly authorized officer of Backpack Toys, Ltd.

This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs, and it supercedes any previous Terms and Conditions or other agreements, whether or not in writing, with respect to the use of the Web Sites.