Last updated: February 27, 2012
Welcome to Tom's Basement. Tom's Basement provide website features to you subject to the following conditions. If you visit or shop at tomsbasement.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Tom's Basement service (e.g., Your Wish List, Gift Cards, or Email Newsletter) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service. If these conditions are inconsistent with such Terms, the Terms will control.
When you visit tomsbasement.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License & Site Access
Tom's Basement grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tom's Basement. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tom's Basement. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tom's Basement without express written consent. You may not use any meta tags or any other "hidden text" utilizing tomsbasement.com name or trademarks without the express written consent of Tom's Basement. Any unauthorized use terminates the permission or license granted by Tom's Basement. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of tomsbasement.com so long as the link does not portray Tom's Basement, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tom's Basement logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tom's Basement does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use tomsbasement.com only with involvement of a parent or guardian. Tom's Basement reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Please review our Security Policy, which also governs your visit to tomsbasement.com.
Reviews. Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tom's Basement reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Tom's Basement a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tom's Basement and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tom's Basement for all claims resulting from content you supply. Tom's Basement has the right but not the obligation to monitor and edit or remove any activity or content. Tom's Basement takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from Tom's Basement are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For more information about our shipping, please see our Shipping Information.
Returns, Refunds & Title
Tom's Basement does not take title to returned items until the item arrives at our center. At our discretion, a refund may be issued without requiring a return. In this situation, Tom's Basement does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
Product Descriptions & Images
Tom's Basement attempts to be as accurate as possible. However, Tom's Basement does not warrant that product descriptions, images, or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Tom's Basement itself is not as described, your sole remedy is to return it in unused new condition within the terms of our Return Policy.
With respect to items sold by Tom's Basement, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Tom's Basement. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TOM'S BASEMENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TOM'S BASEMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOM'S BASEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOM'S BASEMENT DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TOM'S BASEMENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOM'S BASEMENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY