Terms of Use

Please carefully read the following Terms of Use before using the MelissaAndDoug.com website (the "Site"). By accessing the MelissaAndDoug.com website, you agree to be bound by these Terms of Use.

These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appears at the bottom of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

Access to Site

You will be able to access our Site without having to register any details with us.

Site Uptime

We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advanced warning of maintenance issues but shall not be obliged to do so.

Transactions

We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

By submitting a telephone number to Melissa & Doug you agree that a representative of Melissa & Doug can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our products.

Copyright

All content included in the Site, such as text, graphics, logos, button icons, images, audio clips, video, and software, is the property of Melissa & Doug, LLC and MelissaAndDoug.com or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Melissa & Doug, LLC and MelissaAndDoug.com and protected by U.S. and international copyright laws. All software used on the Site is the property of Melissa & Doug, LLC andMelissaAndDoug.com or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.

By submitting copy/text for personalization, the customer represents that the use thereof by the factory on the items ordered will not violate any laws, and Melissa & Doug hereby disclaims any liability for compliance with such laws in the use of the customer’s copy or material.

Trademarks

All trademarks, logos, service marks and trade names are proprietary to Melissa & Doug, LLC, MelissaAndDoug.com, or other respective owners that have granted the Site the right and license to use such intellectual property.

Disclaimer

The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Melissa & Doug, LLC, MelissaAndDoug.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Melissa & Doug, LLC, MelissaAndDoug.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Information

Most products displayed on the Site are available at MelissaAndDoug.com and at retail stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores and vice versa. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. All prices, pictures and descriptions on this site are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within 30 days regarding price or promotion discrepancies. When you place your order with us, you agree to the price and terms indicated on our website. Price differences related to future or past prices in our store or any other store's prices are not refundable. The particular technical specifications and settings of your computer or device and its display could affect the accuracy of its display of the colors of products offered on the Site.

User Conduct

When using our Site, you shall not post or send to or from either the Site:

a) content for which you have not obtained all necessary consents;

b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;

c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.

You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.

Links to Third-Party Websites

This Site may contain links to third-party websites other than our own. Melissa & Doug, LLC and MelissaAndDoug.com do not assume any responsibility for those websites and provides those links solely for the convenience of our visitors.

Melissa & Doug, LLC and MelissaAndDoug.com do not control the content of those websites and takes no responsibility for their content, nor should it be implied that Melissa & Doug, LLC and MelissaAndDoug.com endorses or otherwise recommends such websites or the products or services offered.

Limitation on Liability

IN NO EVENT SHALL MELISSA & DOUG, LLC, MELISSAANDDOUG.COM OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF MELISSA & DOUG, LLC AND MELISSAANDDOUG.COM HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Limits of Responsibility

We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product.

Applicable Law

The laws of the State of Connecticut will govern these Terms of Use without giving effect to any principles of conflict of law.

We make no representations that the content or the Site is appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

NOTE: The Terms and Conditions below are intended for users who submit content to us that we are interested in using.

Terms and Conditions

#CountlessWaysToPlay; #TakeBackChildhood; #MelissaAndDoug

Thank you for sharing your images that inspire play! You have given us permission to post on our Countless Ways to Play Gallery your photos, your handle and the caption that you’ve placed on your photo (“User Generated Content”, or “UGC”). By sharing your UGC, you are agreeing to these Terms and Conditions, the Terms of Use for our Site (above) and our Privacy Policy (MelissaAndDoug.com/privacy-policy).

You own the content you share. By sharing your UGC with us, you do not grant any ownership rights in the UGC, and you represent and warrant that you own all right, title and interest in the UGC that you share, including all copyright. You also represent and warrant that the sharing and publication of your UGC does not violate the rights of any other person, including intellectual property rights.

You have the right to share your UGC. By sharing your UGC, you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.

You grant us a License to use your UGC. By sharing your UGC, you are granting to Melissa & Doug, LLC, and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up license to use your UGC, including all copyright, in all forms and media. This means that we have the right to copy, display, publish, modify and store your UCG anywhere and through any means, and that our right will not expire. This also means that you will not receive any money as compensation for granting these rights.

How we will use your UGC. We have no obligation to use any of the UGC that you share, and we reserve the right to select in our sole discretion which images will be published. The UGC submitted to us may be used on our website and on our social media pages. We also may publish this information in our catalogs, e-mail marketing, point of sale store materials, and in other promotional and marketing materials.

Waiver. By sharing your UGC, you release Melissa & Doug, LLC, from any and all liability resulting from our use of the UGC.

Non-Confidentiality. By sharing your UGC with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove you UGC from our site, simply send us an e-mail at care@MelissaAndDoug.com, or call us at 1-800-718-5365. Even if we remove your UGC, your waiver of rights will continue to apply to all UCG that we have already used.

Copyright Infringement. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that any content posted in our Take Back Childhood Gallery is an infringement of your copyright, you may ask us to take down that content by sending us a DMCA Notice. If you believe that a DMCA Notice was been wrongly filed against you, you may send us a Counter-Notice. Notices and Counter-Notices must meet the DMCA requirements and we suggest that you obtain legal advice before sending us a Notice or Counter-Notice. Please note that we will decline to accept UGC from users who we believe to be repeat infringers, and there could be substantial penalties for making false claims. Notices and Counter-Notices can be sent to us by either of the following methods:



By e-mail: care@MelissaAndDoug.com

By U.S. Mail or courier:

Melissa & Doug
P.O. Box 590
Westport, CT 06881

General

These Terms, together with the Privacy Policy, other terms or legal notices published by us on the Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information

Melissa & Doug
P.O. Box 590
Westport, CT 06881
(800) 718-5365
service@melissaanddoug.com

Last modified: May 14, 2021