Olly & Friends
Adventure & Discovery
I. Trademarks, Copyrights & Ownership
Except as set forth in this agreement, The trademarks, logos, characters, illustrations, graphics, text and trade names displayed on these web sites are registered and unregistered trademarks and copyrights of Tickle Me Silly, LLC, Unless otherwise noted herein, and are protected by U.S. and international copyright, trademark and other applicable intellectual property laws. You acknowledge that these rights are valid and enforceable.
Trademarks not owned by Tickle Me Silly, LLC that appear on these web sites or via links from these web sites are the property of their respective owners. The unauthorized use of these web sites, or its contents, except as otherwise outlined in these terms & conditions, may constitute a violation of copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Tickle Me Silly, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law.
Tickle Me Silly, LLC owns, completely and exclusively, all rights, title and interest in and to these web sites unless otherwise noted herein, including all graphics, look and feel, information architecture, organization, designs, content/copy/text, photographs, illustrations, code, data and any other files or materials made accessible, as well as copyrights, trademarks, patent rights, databases, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the web site does not grant to you ownership of any graphics content, code, data or materials made accessible by Tickle Me Silly, LLC on these web sites. You may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the web sites.
II. Limited and Prohibited Uses
The commercial use of materials obtained from these web sites is strictly prohibited. You may not authorize, encourage or allow any Information obtained by you via these web sites to be commercially reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party unless you request and have received the prior written permission of Tickle Me Silly, LLC. You agree to take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise Tickle Me Silly, LLC promptly of any such unauthorized use(s).
All graphics and contents offered as downloads from these web sites are only for the immediate user’s personal, non-commercial use and may not be sold, re-sold, leased, licensed, sub-licensed, or otherwise transferred to any third party. You may transmit downloads made available for personal use only via e-mail, texting, instant messaging, social media or other similar electronic communications. You may not modify the images, text or any other aspect of the downloads in any way. Any downloaded or printed Information obtained via these web sites remains the property of Tickle Me Silly, LLC, unless otherwise noted herein.
III. Online Store (Orders, Purchases and Accounts)
During the purchasing process you may be asked to choose a username and password. You are solely responsible for maintaining the confidentiality of your password(s) and for any and all activities and purchases that are conducted though your account.
You may only order products if, and you hereby represent and warrant that, you are 18 years old or older and you agree to pay all fees, charges and applicable taxes incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. All amounts appearing on the web sites are quoted in U.S. dollars. Payments must be made using a valid credit card. Credit card payments are processed on behalf of Tickle Me Silly, LLC by Bank of America and PayPal.If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Descriptions or images of, or references to, products or services on the sites do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees and charges associated with any product or service, to limit the order quantity on any product or service, to reject, correct, cancel or terminate any order, and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any product or service are subject to change without notice.
Shipping, returns and exchanges of any products purchased is governed by Tickle Me Silly’s shipping and return policies, which can be found at http://ollyoogleberry.myshopify.com. Tickle Me Silly, LLC reserves the right to change our shipping and return policies at any time, and without notification.
If you operate a web site and would like to link to one or all of our web sites, we invite you to do so, however you are not permitted to ‘frame’ or obfuscate our web site by any third party content, materials or branding.
Our web sites contain links throughout to third-party web sites for educational and entertainment purposes. Although Tickle Me Silly, LLC does review the content on linked third-party web sites for appropriateness and relevance, you acknowledge and agree that Tickle Me Silly, LLC bears no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites. Your reliance on the contents of third-party web sites is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
You agree to defend, indemnify and hold Tickle Me Silly, LLC and its representatives, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including all attorneys' fees, against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from the use of, or the inability to use the web sites.
VI. Limitation of Liability
These web sites are provided 'As Is' without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime, or uinterrupted access. We do not warrant that the web sites, content, functions or materials contained within, will be timely, secure, uninterrupted or error free. We do not guarantee the correctness of any of the information provided on these web sites. Nor will we be liable for any inaccuracy or omission concerning any of the information provided on the web site.
This agreement is governed by and construed in accordance with the laws of the State of Florida, United States of America. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Flagler County, Florida, United States of America.
Tickle Me Silly, LLC may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.