Lionel Terms & Conditions

UPDATED MARCH 16, 2016

LIONEL TERMS OF USE

Please read this Agreement carefully and completely before using any services or goods (collectively, the “Service”) provided through or in connection with this website (the “Site”), Lionelstore.com, Lionel.com or one of its subsidiaries or affiliates (collectively, the “Sites”). The terms and conditions in this Agreement, including general disclaimers, terms of use, intellectual property, and legal notices, along with the privacy statements (collectively, the “Terms”), govern your use of the Site, as well as all products and services by Lionel LLC and its subsidiaries, divisions, affiliates and related companies (collectively, “LIONEL”), and apply notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other document or communication from you.

By clicking “I Accept” to this Agreement, or by using the Service offered on the Site, you expressly agree to be bound by this Agreement, by and between you and Lionel LLC, which incorporates by this reference any additional terms and conditions posted by Lionel LLC through the Sites, or otherwise made available to you by Lionel LLC. You affirm that you are over the age of eighteen (18), as the Service and this Site are not intended for individuals under the age of eighteen (18). You affirm that you are able to enter into, abide by and comply with these Terms. If you are under 18 years of age, then you are prohibited from using or accessing the Site or Services offered on the Site.

MATERIALS SUBMITTED BY CUSTOMER

Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:

  • You will retain ownership of such User Submitted Materials, and you grant Lionel LLC and its designees (collectively, “Lionel Service Providers”) a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request in connection with the Service, or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, Lionel Service Providers will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment.
     
  • Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any Sites are not proprietary to you, and the rights to such template or layout will remain with Lionel LLC.
     
  • You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials,and that the User Submitted Materials and the use thereof in connection with the Service offered on the Site do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark right, trade secret right, or other intellectual property right or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
     
  • You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit User Submitted Materials that contain the likeness of an identifiable individual under the age of eighteen (18), do not include any identifying information (such as the individual’s name or address) with such User Submitted Materials.
     
  • You agree that the Lionel Service Providers may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the Services offered on the Site, to enforce these Terms or to comply with legal obligations or governmental requests.
     
  • You agree to indemnify and hold the Lionel Service Providers, their directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third-party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with the Lionel Service Providers or LIONEL (as that term is defined herein), any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining the Services offered on the Site from the Lionel Service Providers; or (iv) any activity related to access to or use of the Site or your account by you or any other person.
     
  • User Submitted Materials that violate these Terms may be removed from the Site; provided, however, that the Lionel Service Providers have no obligation to remove User Submitted Materials in response to user reports or requests. The Lionel Service Providers are not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials from our Sites. You should keep back-up copies of your User Submitted Materials on your hard drive or other personal system.

Lionel Terms & Conditions

  • Acceptance of Terms through use. By using this Site, you signify your knowledge and acceptance of the Terms set out within this Site. If you do not agree with the foregoing sentence, please do not use this Site. LIONEL reserves the right, at its sole discretion and without prior notice, to modify the Terms at any time. You agree to periodically review the Terms to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing this Site. Your continued use of this Site following any such revision(s) shall be deemed as acceptance of and agreement to abide by all such revisions.
     
  • Lawful use. You agree to use this Site for lawful purposes only.
     
  • Copyrights. Except as expressly stated in this Site, no portion or element of this Site (including information, images, logos, photographs, graphics, and the overall appearance of the Site) may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted or copied in any form or by any means whatsoever without the prior written permission of LIONEL and all relevant copyright holders.
     
  • Trademarks. LIONEL and the Lionel logo are trademarks of Lionel LLC. All other trademarks and logos used in this Site are the trademarks or logos of their respective owners.
     
  • Links to other websites. This Site contains links to other websites that are operated by third parties (collectively, “Linked Sites”). These links are provided for your convenience only; LIONEL disclaims all warranties and responsibility for those Linked Sites, and for the accuracy, availability, or completeness of any content found therein. The existence of these links does not constitute an endorsement of the Linked Sites, and you access the Linked Sites at your own risk. LIONEL makes no representations or warranties as to the security of any information (including without limitation credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against LIONEL with respect to Linked Sites and third-party content.
     
  • Content accuracy. While reasonable efforts have been made to ensure the accuracy of this Site’s content, no responsibility can be taken for any error or omission.
     
  • Disclaimer; limitation of liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THIS SITE AND ITS CONTENTS, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIONEL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY OR CONFIDENTIALITY OF USE OR INFORMATION. LIONEL MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF THE SITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR ITS CONTENTS IS TO STOP ALL USE THEREOF. Goods or services neither manufactured nor rendered by LIONEL are the sole responsibility of the manufacturer or provider of those goods or services. We disclaim all warranties and responsibility for those goods and services. UNDER NO CIRCUMSTANCES SHALL LIONEL OR ITS LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, ITS CONTENTS, ANY LINKED SITES, OR ANY USE THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIONEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
     
  • International use. LIONEL makes no representation that this Site or its contents are appropriate or available for use in locations outside the United States. If you use this Site or its contents from a location other than the United States, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.
     
  • Choice of law and forum. These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising from or relating in any way to these Terms, this Site and its contents, or your use thereof shall be filed only in the state or federal courts located in Cabarrus county or Mecklenburg county in the State of North Carolina. You also agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and consent to extra-territorial service of process. The Terms shall be interpreted according to their express terms, with no presumptions against the drafting party.
     
  • Submissions. We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative or original ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that the intent of this policy is to avoid the possibility of misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, artwork or photos. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, at our request, you send certain submissions (such as postings to chat boards, or contest entries) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. No Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

    By posting or submitting content to this Site, you...
    1. grant LIONEL and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
        
    2. warrant and represent that public posting and use of that content by LIONEL will not infringe or violate the rights of any third party.
       
  • Risk of loss. All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier.
     
  • Indemnification. Upon request by LIONEL, you agree to defend, indemnify, and hold harmless LIONEL, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees, arising from your violation of these Terms or your use of this Site other than as permitted herein. LIONEL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LIONEL in asserting any available defenses.
  • Severability and integration. Unless otherwise specified herein, these Terms constitute the entire agreement between you and LIONEL with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and LIONEL with respect to this Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.