SECTION A: TERMS AND CONDITIONS
Failure to comply with the terms of The Village Toy Share may lead to civil and criminal penalties. You must be 18 years or older to subscribe to this website.
- Services: Your use of The Village Toy Share Service is based on the license of The Village Toy Share Intellectual property to you. Company grants you a limited, non-transferable license to use The Village Toy Share Intellectual Property in accordance with the terms of this agreement, as long as you are a Member. Company reserves all rights in the Intellectual Property not expressly granted to you. Subject to your compliance with these Terms and the Policies, Company shall perform the Services as selected and authorized by you in your Account. For purposes of these Terms, “The Village Toy Share Services” means the online toy sharing services. In these Services
- Users have the ability to trade toys with other Users.
- Users may acquire a box of toys (“Play Box”) for a 30 days period after paying one-time fee as described in these terms.
- Users can also donate toys through donationtown.org.
Please Note: The actual transaction of trading and borrowing toys is directly between the Users.
- User Account: In order to create an account with The Village Toy Share, you will provide The Village Toy Share with identifying information (such as your name, e-mail address, shipping address including ZIP code), a password and username and other information (“Registration Information”). You agree that you will provide accurate, true, current, and complete Registration Information and will promptly update such Registration Information as necessary, but in no event later than 15 days after any applicable change. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Site. Upon The Village Toy Share acceptance of your request to register for an account (“Account”), you will be sent validation and activation instructions. Access to, and use of, the Account is restricted to authorized users only. You agree not to share your password(s), Account information, or Account access information. You are responsible for maintaining the confidentiality of password(s) and Account information, and you are responsible for all activities that occur under your password(s) or Account(s) or as a result of your access to the Account(s). You agree to notify The Village Toy Share immediately of any unauthorized use of your Account. The Village Toy Share LLC shall not be liable for any unauthorized use of your Account.
- Monthly Subscription: The Village Toy Share LLC offers following monthly subscription plan to you:
- “Play Plan” [$9.99 per month] – In this Plan User has the ability to perform up to 10 trade transactions* on an annual basis. User will be responsible for all shipping charges which are incurred at the time of trading.
- “More Play Plan” [$19.99 per month] – In this Plan User has the ability to perform up to 10 trade transactions* on an annual basis. Shipping charges which are incurred at the time of trading will be covered in full by The Village Toy Share.
- “Trial Plan” [No cost] – In this Plan User has the ability to perform up to 1 trade transaction* within 30 days. Shipping charges which are incurred at the time of trading will be covered in full by The Village Toy Share.
*Multiple items (toys) can be exchanged per trade transaction. The user is bound by a single box or package limit. Items must be returned by both parties after 30 days of use, on the exact return date being specified under the “Time left to return” column in the Order page. For all membership tiers, donations** are unlimited and will not incur any charges for the lifetime of the membership.
**Although donations of various types may be accepted through donationtown.org, toy donation pickup is not guaranteed in the following states: Nevada, Wyoming, New Mexico, Idaho, Montana, North Dakota, South Dakota, Kansas, Oklahoma, Nebraska, Iowa, Missouri, Arkansas, Wisconsin, Mississippi, Alabama, South Carolina, North Carolina, West Virginia, Maryland, Rhode Island, Vermont, Maine, New Hampshire.
Your monthly subscription will start when we confirm your payment and will continue for a period of 30 days. When you purchase a monthly subscription, auto-renew is automatically selected. At the end of the monthly subscription period, you will automatically be signed up and billed for an additional subscription term of 30 days. If you do not wish your subscription to auto-renew, please contact us prior to the end of your current subscription term.
3b. Trial Period: The duration of the trial period is specified as 30 days. Although you will continue to have full access to The Village Toy Share website, at the end of the trial period, you will no longer be able to propose any trades. The user provided credit card will remain in the system for 30 days after the end of the trial period, after which point it will then be removed from the system. This period is given to settle any potential disputes that may result from the missus of toys(ie damage or loss). If you have not upgraded to a standard Play Plan seven days after the end of your trial period, your account will automatically be canceled. An email confirmation will be sent to the user detailing the cancellation.
- Play Box: The Company also offers toy rental services (herein after “Play Box”). This service is available to both subscribers and non-subscribers. User may acquire a box of toys for a 30 days period after paying one-time fee as described in these terms. Please note, all toys must be returned after 30 days of continuous use.
One Time Fee Schedule
|More Play Plan||$29.74|
Subscribed users can earn additional trade transaction during the calendar year. Please refer “Trade Count” section for more details.
- Toy Submission & Verification: All toys submitted are subject to verification and approval by The Village Toy Share prior to the toy being made available to the public on the website. The review process may take up to 36 hours. During this period, the listing will only be visible to the toy owner. The Village Toy Share reserves the right to reject any toy submission for any reason without any explanation. All toys and page listings are managed in the user’s “Toy Chest” page.Be advised: any individual toy who’s weight exceeds 7 lbs will not be accepted.
- Trade completion / Time-frame: A trade can either be Accepted or Rejected. By clicking Accept, the user confirms that they agree to enter into a binding agreement to complete the trade process in its entirety. There are several actions that must take place prior to the completion of a successful trade. In the case of either party failing to complete all the following in a 72 hour period, the trade transaction will automatically be forfeited and/or canceled:
- Click Accept after reviewing Trade terms (terms located at top right corner of Trades table)
- Provide shipping details
- Upload real time toy(s) images
- Finalize and receive order confirmation
The 72 hour period will start when the “accept trade” button is triggered. Forfeited and/or canceled transactions will not be counted for yearly allotted trade transaction limit.
6b. Failure to confirm: If a single member fails to complete and confirm the trade process within the 72 hour period, the trade will be voided. That member will be held responsible for any shipping charges that may have resulted from the transaction. This includes but is not limited to return shipping if the compliant member already chose to ship their package.
In the case of both members failing to complete and confirm a trade within the 72 hour period, the trade will be completely voided and no additional charges will incur.
If the compliant member chose to purchase a shipping label from The Village Toy Share, a full refund will be issued.
- Trade Count: Each user is permitted to do ten trades per calendar year. After Ten trades (this will be indicated by a zero next to “trades left” on the Trades page) the user will not be able to do any addition trade(s) for the current calendar year. Upon each anniversary thereafter, the trade count will reset to ten and access to trading will be resumed.
- Additional Trades: Subscribed users can earn additional trades by actively participating in the Play Box program. There are several ways to earn additional trades without having to wait for the calendar year to arrive:
- Create and post a Play Box listing which remains live for a total of 90 days = 1 additional trade;
- Successfully ship a Play Box which is requested by another user = 1 additional trade
- Play Box Conditions: All registered members will be granted access to the Play Box service. This includes both purchasing and creating/listing an approved Play Box. Subscribed members will be given a 15% discount on all Play Box purchases. All subscribed members are encouraged to list at least one Play Box but there are no restrictions on how many boxes may be listed, after all, this is about sharing with the community. All members who have an active Play Box listing must adhere to the following conditions:
- Total weight of toys and package must not exceed 10 lbs;
- Member must maintain an active listing of the box including its contents;
- Each Play Box must contain at least 4 toys which are ready for shipment; and which are not currently tied to any other listings on the Village Toy Share service;
- If a member’s Play Box is requested, the user must be able to ship and provide the tracking number of the shipment within 36 hours;
The Village Toy Share reserves the right to reject any Play Box submission for any reason without explanation.
- Billing: Billing shall indicate either a charge or debit, as applicable, against the subscriber payment method. The subscription fee will be charged every month on the same day as the registration date with The Village Toy Share LLC. You authorize The Village Toy Share or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. Changes in the subscription plan as requested by the member may incur additional charges. There will be additional charges in case of missing pieces/toys, broken toys and/or purchase of previously used toys.
You may update any of your billing information (including a change to your desired billing payment method) through the Membership billing page which can be found in your My Account page.
- Credit Card Authorization: By providing your credit/debit card information to The Village Toy Share, you irrevocably authorize The Village Toy Share to charge your card for the total monthly subscription or purchase of a Play Box plus any fees associated with the sale of the item, including but not limited to taxes, shipping and handling fees, where applicable. You also agree and acknowledge that you will maintain valid credit card information within your user profile so long as you maintain an account with The Village Toy Share and that you are authorized to use the designated payment method. The Village Toy Share reserves the right in its sole and absolute discretion to cancel listings or suspend membership privileges of any user not maintaining valid payment information.
In the event where the subscriber’s credit card information/ billing information is invalid, the subscriber will be given a period of 10 days to update their billing information. In an event of failure to update their credit card information with the stipulated period of 10 days along with failure to return all toys, The Village Toy Share LLC reserves the right to report the customer to Credit Reporting Agency at the end of the current billing cycle.
- Shipping: The Village Toy Share partners with the leading package delivery service providers to provide its users with the fastest, yet economically feasible solution for all transactions. Users are strongly encouraged to ship via unused corrugated boxes from previously received packages.
Play Plan: A shipping label can be provided by the Village Toy Share, but shipping is paid for by the buyer. The user will be responsible for providing additional funds to cover the cost of shipping before a label is provided. The user also has the option of shipping using their method of choice by selecting the “I will take care of the shipping” option in the trade details page. If the user chooses to purchase a label on The Village Toy Share site, the label is automatically provided via email after the appropriate package specifications have been logged in by the user and the trade confirmed. Return shipping services are not offered by The Village Toy Share for Play Plan users.
More Play Plan, Trial Plan, & Play Box: Users are encouraged to ship using corrugated boxes. A label is automatically provided via email after the appropriate package specifications have been logged in by the user and the trade confirmed. Return labels will also automatically be generated and included (email delivery). These labels are to be used as postage for the return of packages after the agreed upon time period. All toys must be returned using the same package in which they were received. If a user chooses to return toys using different packaging from which they were received, it is the user’s responsibility to notify The Village Toy Share (using the “Help” button or the Contact Us form) prior to shipping, as a different label may be required. Failure to notify The Village Toy Share of any changes to packaging may result in addition shipping charges which would then be invoiced to the responsible user.
All shipping labels can be printed using any standard inkjet or laser printer. The total package weight cannot exceed 7 lbs for any trade order, and 10 lbs for a Play Box. Any user who chooses to ship a package surpassing the weight allowance will receive an invoice to cover the cost difference.
- Cancellation: Subscription services can be terminated at any time per the contract user’s written request using the “Help” button or the Contact Us form. No termination fees will apply except in the following cases:
- Member is engaged in an open ‘trade’ transaction and the toy(s) have not yet been returned to the rightful owner; or
- Member has unpaid and/or outstanding invoice(s).
In the former case, in order for the cancellation request to granted and fees avoided, the user will be given 5 business days to mark toy(s) as shipped by providing a tracking number for the returned shipment.
14b. Refund: To qualify for a 100% refund of the paid membership fee, the user must elect to cancel The Village Toy Share service prior to making any transactions.
- Information Requirement: You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method has been canceled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made on your “MY ACCOUNT” page. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above. Untrue, inaccurate, outdated, or incomplete information may result in limitations in your ability to use or access of services, including terminating your account.
- User information and Material: Information and material provided by the user authorizes company to host, copy, transmit, modify, and display the information and material uploaded by the user to the extent necessary to execute the services of business in accordance with this Agreement. By uploading or accessing material and information, the user consents to any modifications that are necessary or useful to the information and material. Company will not be liable for any information or material that user has received or accessed from the third parties through the Service or otherwise.
- Third party links & Advertiser Disclosure: Links to third party websites may be provided. The sites are neither owned nor operated by The Village Toy Share LLC ; as we are not responsible for any third-party websites and do not have control over any materials or content found or made available through any third-party site. Any link included within our service to any third-party website does not in any way serve or imply endorsement, advertisement, or promotion of such a website or any materials, content or services made available through the third-party site. All users are encouraged to become familiarized with the terms of service and privacy notice applicable to any third-party website you may access.
- Service Modifications & Termination: If The Village Toy Share believes that you have violated any of the Payment Terms or the Terms and Conditions, The Village Toy Share may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. All fees paid are non-refundable. You agree that The Village Toy Share is not liable to you or any third-party for any interference with, or termination of, your access to the subscription service.
We may also deactivate your account without notice if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription.
- Sanitization: All users are strongly advised to follow the toy cleaning guide found on the Sanitization page. Although it is ultimately up to users how they choose to handle toys upon receipt, it is highly recommended that toys are cleaned and disinfected immediately upon delivery.
- Toy Conditions: User’s are advised not to upload any ‘incomplete’ toy sets or toys with missing pieces. Per the discretion of the toy recipient, any toy deemed to be less than acceptable in condition may negatively affect a user’s peer review score. To avoid this, we strongly advise that only toys in ‘Like new’ and ‘very good’ condition be introduced into users’ Toy Chest’. These are further defined as:
Like New: A toy that looks new but has been used. Toy has no visible wear, with no missing or damaged pieces. There are no cracks, dents, or scratches. Overall, there is very minimal wear and tear.
Very Good: A toy that does not look new and has been used but is in excellent condition. There is no obvious damage, but may have very minimal identifying marks or scratches. Overall, there is very minimal wear and tear.
- Dispute Resolution: The Village Toy Share encourages users to attempt to resolve all matters amongst themselves via direct messaging before filing for a dispute. If an issue cannot be resolved between users, the next course of action is to open a dispute by contacting support (using the ‘Help’ button or the Contact Us form). Once a dispute is opened, each user has 72 hours to respond when called upon by the arbitrator. If one user fails to respond in the allocated time, it will automatically result in forfeit and judgment in favor of the other user.
- Damaged Toys: Normal wear and tear is completely acceptable and is to be expected. If a toy is completely damaged, the responsible party will be charged a replacement fee, which shall directly be credited to the toy owner. This fee will be equal to 30% of the toys current retail cost.
- Lost Toys: In the midst of kids being kids, things are bound to happen beyond your control. If a toy(s) is reported as lost by either the owner or recipient, there will be a 72 hour resolution response time given. If the toy cannot be located or the responsible party is not responsive in the allocated time, the accused party will be charged a replacement fee, which shall directly be credited to the toy owner. This fee will be equal to 100% of the toys current retail cost.
- Damage Claim Verification: All damage claims are subject to verification prior to any potential funds being distributed. Per The Village Toy Share policy, it is required that all parties utilize the ‘Live photos’ upload via the Trade details page of each transaction to capture images of toys prior to initially shipping. Although a user can advance to the next transaction step by uploaded one image, it is strongly recommended that multiple images be uploaded from various angles. The images are stored in the database and will serve as the singular point of evidence of toy(s) condition, which is ultimately used to settle damage claim disputes. Failure to document sufficient visual evidence within the ‘Live photo’ upload will result in eventual dismissal of the originating members’ claim. To qualify for claim reimbursement, the toy owner must meet all conditions as listed:
- Damage must be significant enough to impact overall functionality or appearance;
- Complaint must be filed within 24 hours of toy(s) receipt.
Users are ultimately responsible for documenting images of received toys prior to returning. The arbitrator reserves the right to ask both parties for additional images, which is to be delivered via the dispute email ticket.
- Failure to ship: If it is determined that a member has deliberately chosen not to ship a toy(s) which has been rightfully rented (Play Box) or traded by another user, a full refund or the total value of the toys will be credited to the toy owner. The at-fault user will be charged a $150 default fee. The at-fault user membership may also be subject to revocation upon further review.
- Failure to Pay: The Village Toy Share reserves the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges and you will be responsible for any charges incurred by The Village Toy Share in collecting your payment.
- Invoices: Customers may receive an invoice for various reasons, including but not limited to: Lost toy fee, damaged toy fee, failure to ship. Invoices will be delivered to the registered user’s email address which was provided during registration on The Village Toy Share site. Payments can be made in the form of a credit/debit card. Charge card information is not stored on the server. All payments are due within 10 days from invoice date. Late payment is subject to fees of 5% per week.
|Lost toy||100% of retail cost|
|Damaged toy||30% of retail cost|
|Failure to ship||$150|
|Unauthorized return packaging||$10|
- User Comments: User authentication on the Internet is difficult. The Village Toy Share may attempt, but is under no obligation, to independently confirm a user’s purported identity. Therefore, we have established an item commenting system to help you evaluate the user with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the features available through the Service.
- Indemnity: You agree to indemnify and to hold harmless Company, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use of the Services and/or your violation of the Terms or the Policies.
- AS IS. WHILE, COMPANY WILL ENDEAVOR TO PROVIDE THE SERVICES IN ACCORDANCE WITH THESE TERMS, THE SERVICES AND THE WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES, THE WEB SITE AND ANY THIRD PARTY SERVICES. THE USE OF THE SERVICES, WEB SITE, OR THIRD PARTY SERVICES IS AT YOUR OWN RISK.
- No Continuous Access. Company does not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Services may be interfered with by numerous factors outside of our control.
- LIMITATION OF LIABILITY.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS, LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM USER’S ACCESS TO, OR USE OF, THE SITE, ANY CONTENT, OR ANY THIRD PARTY SITES AND CONTENT. USER HEREBY EXPRESSLY ASSUME THE RISK OF INJURY OR HARM FROM THE TOYS AND RELEASE THE COMPANY AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “THE RELEASED PARTIES”) FROM ALL LIABILITY FOR INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE OCCURRING WHILE USER IS USING SUCH TOYS AND/OR RESULTING FROM SUCH TOYS.
- Ratings and Feedback: Users are prohibited to use rude or mean language, curse, or insulting tones. Any user caught doing so is subject to account cancellation.
Feedback extortion: Members aren’t allowed to use threats of low seller ratings to get something that wasn’t part of the original listing. Sellers aren’t allowed to demand positive Feedback from members.
Feedback manipulation: Members aren’t allowed to exchange Feedback for the sole purpose of increasing Feedback scores or enhancing reputation. Buyers aren’t allowed to attempt to damage a seller’s Feedback through a series of repeat purchases, or to leave negative comments with a positive feedback rating.
Defect removal policy: Ratings are generally a permanent part of a member’s Feedback Profile. However, there are a few situations when we might remove or adjust Feedback. Examples may include a case where extortion was used or malicious intent to damage another members rating.
The Village Toy Share LLC (“us”, “we”, or “our”) operates www.thevillagetoy.com (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
We use your Personal Information only for providing services and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
- Information Collection and Use: While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, postal address and phone number (“Personal Information”). We collect information about you in three different ways. The first is when you voluntarily provide information to us. The second is through automatic collection of traffic and other information about visitors to our website. The third is when we receive information from third parties that collect and provide information to businesses like The Village Toy Share to help us provide better services.
Information that you voluntarily provide to us: In certain places on this website, you may be asked to provide your name, contact information and/or email address to use a website feature or communicate with us. Opening an account may require information, for example your name, email address, telephone number, mailing address, and credit card numbers. It is your option to provide the information requested. However, if you do not provide details that are essential (e.g., as may be identified in a registration form), it would be impossible to use some of the features and functions of the website and/or to benefit from our services or promotions. We may retain records of any messages which you may send to us through this website or other websites owned by The Village Toy Share LLC, or by other electronic communications with us.
Information collected automatically: When you visit our website, our information technology systems automatically collect information about the equipment you are using and about your use of our website and services. Examples of the information we collect and analyze include the Internet Protocol (IP) address used to connect your computer to the Internet, the login name and password for the website if you sign in for access, the email address which you use to communicate with us, your computer and connection information (for example, browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform), and records of your subscription with us.
We also may collect URL click stream information to, through, and from our websites, which shows your website navigation history. This information may include the date and time of your visit, cookie number, if any. We may also use browser data such as cookies for fraud prevention and other purposes. We may use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (for example scrolling, clicks, and mouse-over), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and for dealing with diagnostic purposes relating to our website.
- Cookies: Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
We may work with online advertising companies to provide you with advertising which is tailored to your interests. These ads may be seen on our website or on other third-party sites which you visit. These ads may be based on information gathered as you browsed our website or based on your transactions with us. Our advertising partners collect information using cookies, web beacons, and other technologies which do not identify you personally.
- Third-Party Services: This website may offer features and services which are administered or provided by third parties hired by The Village Toy Share LLC. To receive these services, you may be required to provide these third parties with personal information. This website may also contain links to other sites which are not owned, maintained, operated or endorsed by or for The Village Toy Share LLC. Since such services and sites are subject to separate privacy practices and security protocols established by the third-party providers, please read the other sites’ privacy policies to understand how your personal information is collected, used and protected when you visit those sites.
- Communications: We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe instructions provided in any email we send.
- Security: The security of your Personal Information is important to us, but remembers that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
- Children’s Privacy: Our Site does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and are aware that your Children has provided us with Personal Information, please contact us. If we discover that a Children under 13 has provided us with Personal Information, we will delete such information from our servers immediately.
- Contact Us
The Village Toy Share LLC
82 Wendell Ave
Pittsfield, MA 01201
Phone: (561) 961 8948
Support Email: firstname.lastname@example.org