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.

  1. 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.
  2. Lionel Terms & Conditions

    1. 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.
    2. Lawful use: You agree to use this Site for lawful purposes only.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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.
    12. 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.
    13. 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.
  3. LIONEL PRIVACY POLICY

    As discussed above, access and use of Site and the Services offered therein by an individual under the age of eighteen (18) is prohibited. To the extent that anyone under the age of eighteen (18) may use the Site or the Services offered therein, LIONEL wishes to provide the following information about its privacy policies.

    A Special Note for Parents

    Although LIONEL sells children’s products, our products are for purchase by adults only. Use of the Site or Services by anyone under the age of eighteen (18) is prohibited without the involvement, consent, and supervision of a parent or guardian.

    LIONEL, with guidance from the Children’s Advertising Review Unit, has established the following Privacy Policy to inform visitors to our Site about the type of information we solicit, and what we do with this information.

    The Collection and Use of Lionel Customer Information

    LIONEL only collects personal identifiable data, such as names, addresses, email addresses, etc., when voluntarily submitted by a visitor to our Site. This information will be used in order to provide an enhanced, customized user experience.

    • When you order from our Site, we need to know your name, email address, shipping address, credit card number, expiration date, and billing address. This allows us to process and fulfill your order.
    • In some instances, when an email address has been provided by the visitor and the visitor has indicated that he/she would like to receive communications from us, we will send notices to visitors, usually in the form of an email. These notices, sent periodically, will announce upgrades to the Site, new product information and other similar updates.

    The LIONEL Site and Services are made available by Lionel, LLC. If you have any questions about our information practices, please contact us at:

    Lionel LLC

    6301 Performance Drive

    Concord, NC 28027

    TalkToUs@lionel.com

    Lionel Protection of Customer Information

    When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access.

    LIONEL may choose to sell, trade, or rent your personal information to other trustworthy third parties, but you can tell us not to by unchecking the opt-in checkbox when you initially register or log in to your account and uncheck the opt-in box within the My Account area.

    Linked Sites

    LIONEL provides links to other areas of interest and relevance on its Site. While LIONEL does its best to ensure that the Linked Sites uphold the integrity and fairness that it strives for, we cannot vouch for the content of any Linked Sites.

    Your Consent

    By using our Site, you consent to the collection and use of this information by LIONEL. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

    What You Should Know About Cookies

    First of all… what are cookies?

    Cookies are small text files that are stored on your computer or mobile device. For this section, we conveniently use “cookies” as an umbrella term for information storage and management techniques such as cookies, Flash cookies, web beacons and JavaScript. They don’t take much space and they will be removed automatically when expired. Some cookies expire at the end of your internet session, while others will be saved for a limited amount of time.

    Secondly… why do we use cookies?

    LIONEL uses cookies to ensure your visit to our Site is as pleasant as possible. There are different types of cookies with different uses. Some are there just to allow you to browse the Site and see certain features. Some give us an idea on your browsing experience, e.g., when you have trouble finding what you are looking for, so we can improve and make your future visit as pleasant as possible.

    Next… what are the different cookie types we use?

    The most important cookies are the “required cookies.” They are essential and help you to navigate on the Site and to use basic features. Then there are “functionality cookies” that enable you to save your shopping bag, create a wish list and to save your shipping details for a quicker checkout. We use “performance cookies” to improve our Site. We also like to show you relevant offers. To manage this we collect browsing data. “Interaction cookies” are used for you to interact with social media or to submit reviews. “Targeting cookies” capture your preferences in order to show you relevant ads outside the Site. Below you see a more elaborate overview of the types of cookies we are using:

    1. REQUIRED COOKIES are essential and help you navigate, move around on the Site and see certain features. E.g., these cookies make sure your basket is saved during all the steps of your checkout process.
    2. FUNCTIONALITY COOKIES are there so we can give you an even smoother customer experience. These cookies help you to save and remind you about your shopping bag and enable you to create a wish list.
    3. PERFORMANCE COOKIES help us to understand shopping behavior of our visitors. This enables us to keep improving our Site, so shopping becomes easier and more pleasant for you.
    4. INTERACTION COOKIES are used for you to express your opinion. We love to know what you think about our product, our Site and about us in general. These cookies will enable you to like or recommend us on social media and to chat with our service agents. But you can also advise our other (potential) customers by rating and reviewing our products.
    5. TARGETING COOKIES will remember your product and buying preferences. We believe advertising is all about relevance. These cookies enable us to share what you like with our advertisers. So if you are browsing on e.g. Google, the advertisement you see can be more relevant to your preferences.

    Finally… what if you don’t like cookies?

    You can change your browser settings to delete or prevent cookies from being stored on your computer or mobile device without your explicit consent. The ‘help’ section in your browser should provide information on how to manage your cookie settings. Find out how this works for your browser here:

  4. LIONEL LEGAL NOTICES

    1. All product-specific information is provided to LIONEL by the manufacturers who are solely responsible for its content and accuracy. LIONEL will not be responsible for typographical or other errors or omissions regarding prices or other information.
    2. Product prices are subject to change without prior notice. Product design is subject to change without notice. Inventory availability and published resale pricing are subject to rapid change.
    3. If you are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this site and the computer system you are using so as to prevent unauthorized access to your account.
    4. The copyright in all original material provided on the Site is held by Lionel LLC, and/or by the original creator of the material. None of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted or copied in any form or by any means, without the prior written permission of Lionel LLC, and/or the copyright owner. Permission is granted to display, copy, distribute and download the materials on the Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained.
    5. You may not, without Lionel LLC’s written permission, “mirror” any material contained on the Site or any other content being displayed on the world wide web.
    6. Any permission granted to you herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on the Site may violate domestic and/or international copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
    7. All trademarks, service marks, logos, slogans, domain names and trade names (collectively “Marks”) are the properties of their respective owners. LIONEL disclaims any proprietary interest in Marks other than its own.