TERMS AND CONDITIONS OF USE

This website, www.choochoobobs.com (the “Site”) is owned and operated by Birdhouse Holdings LLC, a Minnesota limited liability company (“Birdhouse”) for your information, education and communication. We welcome you to browse the Site, including all information, documents, communications, files, text, graphics, videos, software, and products available through the Site (collectively, the “Materials”) and all services operated by Birdhouse and third parties through the Site (collectively, the “Services”); however your access and use of the Site is subject to the following terms and conditions of use (the “Terms of Use”) and all applicable laws. By accessing or using this Site in any way, including without limitation or qualification, use of any of the Services, downloading of any Materials, or actively or passively browsing the Site, you agree to and are bound by the Terms of Use.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS 

The Materials and Services on this Site, specifically including the trademarks (including, but not limited to, Choo Choo Bob’s, Choo Choo Bob’s Train Store, The Choo Choo Bob Show, Birdhouse Holdings, LLC, and choochoobobs.com), logos and service marks (the “Marks”), as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. You are not permitted to use the Marks without the prior written consent of Birdhouse or such third party that may own the Marks.

Use or distribution of the Materials without the express written consent of Birdhouse is strictly prohibited. You agree not to copy, reproduce, republish, frame, upload, download, post, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, decompile, disassemble, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein.

USER CONDUCT 

You agree to use the Site and the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to access or attempt to access any content which you are not authorized to access; not to disrupt or interfere with the
security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

You agree that you are solely responsible for (and that Birdhouse has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use for the consequences (including any loss or damage which Birdhouse may suffer) of any such breach.

Users may be requested to provide personal information (such as identification or contact details). You agree that any registration information you voluntarily give to Birdhouse will always be accurate, correct and up-to-date.

PRIVACY

For information about our data protection practices, please read the Birdhouse Privacy Policy at http://choochoobobs.com/privacy. This policy explains how we treat your personal information and protect your privacy when you visit the Site and use the Services. You agree to the use of your data in accordance with our privacy policies.

TERMINATION

TERMINATION
We reserve the right to refuse to provide or discontinue the Services to any person or entity at any time for any reason. You may unregister at any time by notifying Birdhouse at: email hidden; JavaScript is required or manage your registration preferences by clicking on the “unsubscribe” link at the bottom of any email sent from us.

DISCLAIMER

Your use of, and browsing in, the site are at your own risk. Everything on the site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, or non-infringement.

While birdhouse uses reasonable efforts to include accurate and current information on the site, birdhouse expressly does not warrant or make any representations of any kind with respect to the accuracy, timeliness, reliability or completeness of the materials, nor does it warrant or represent that the materials will meet your expectations. Birdhouse assumes no liability or responsibility for any error or omissions in the materials.

Further, birdhouse expressly does not warrant that the site will operate error-free or that the site and its server are free of computer viruses or other similar software code. Birdhouse assumes no responsibility for, and shall not be liable for, any damages to your computer equipment, loss of data, or other harmful results on account of your access to, use of, or browsing the site.

LIMITATION OF LIABILITY

Subect to the proivisions in preceding paragraph, you expressly understand and agree that birdhouse, its agents, affiliates, officers, directors, employees, members or managers, shall not be liabile to you for any direct, consequential, incidental, indirect, punative, or special damages which may be incurred by you, however caused, and under any theory of liability arising out of or in connection with your access to, or use of (or inability to use), the site.

THIRD PARTY LINKS

The Site may provide links and pointers to internet sites that are operated and maintained by others (‘Third Party Sites”). These links are provided solely as a convenience and not as an endorsement by Birdhouse of the content of Third Party Sites. Birdhouse is not responsible for the content of, accuracy of, or any of the products or services available on any Third Party Sites. Your linking to Third Party Sites is at your own risk.

USE BY MINORS

Pursuant to the Birdhouse Privacy Policy, no one under age 13 is allowed to provide any personal information. Birdhouse’s collection of personally identifiable information is done only with consent as fully described in the Birdhouse Privacy Policy.

APPLICABLE LAW

By use of the Site you expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the District of Minnesota, or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Minnesota, in all disputes arising out of or relating to the use of the Site.

AMENDMENTS AND CHANGES

Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. Birdhouse reserves the right to make changes to the Terms of Use from time to time at its sole discretion and with or without advanced notice. Your continued use of the Site, or any Materials or Services accessible through it constitutes your acceptance of the change. You should periodically check these Terms of Use to view the current terms.

Last Updated on July 15, 2012.