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Thank You Manager Terms and Conditions Of Use

This Thank You Manager program (referenced herein as the “TYM program”) is one of the enhancements available to participants in our Wedding and Gift Registry program. It, like our gift registry program, is operated by Euromarket Designs, Inc., d/b/a Crate and Barrel. All inquiries may be directed to:

Crate and Barrel

Customer Service Department

1860 W. Jefferson Ave.

Naperville, IL 60540

Use of the TYM program is entirely voluntary, both for registrants (who choose whether to seek information about registry purchases using the TYM program) and for purchasers (who choose whether to release information about themselves to registrants at the time of making a registry purchase). All use of the TYM program is subject to and is governed by the Terms and Conditions stated below. Please take a few minutes to review these Terms and Conditions. Your use of the TYM program as part of your registry or your purchase of a gift from or using a registry constitutes your agreement to follow and be bound by the Terms and Conditions as stated. If you do not agree, (a) for registrants, do not use or select the TYM program as part of your registry or, (b) for purchasers, indicate at the time of purchase that you do not consent to your information being released to a registrant as part of the TYM program.

These Terms and Conditions May Change

Crate and Barrel reserves the right to update or modify these Terms and Conditions (and any other aspect of the TYM program) at any time without prior notice. Your use of the TYM program or purchase from a registry without indicating your desire not to participate or have your information released to the applicable registrant(s), following any such change constitutes your agreement to follow and be bound by the Terms and Conditions and to participate in the TYM program as changed. For this reason, we encourage you to review these Terms and Conditions each time you use or provide information for the TYM program. Crate and Barrel also may terminate the TYM program at any time (without prior notice), for any reason, in its sole discretion.

Use of TYM Program

The TYM program is for the sole use of (a) registrants who wish to obtain certain information (name, address and/or email address) about individuals who purchase gift items listed on their registry and (b) purchasers who wish to provide such information to the registrants in connection with the purchase of a gift item(s) from the registrants’ registry from Crate and Barrel. It is entirely voluntary; participation is not a condition either of registering or making a purchase off of a registry. Registrants must, however, have an authentic and valid registry with Crate and Barrel in order to use or obtain information generated in connection with and for the TYM program.

Consent Given by Registrants

Registrants who elect to activate or use the TYM program as part of their registry thereby consent to having Crate and Barrel:

  1. Ask individuals who make purchases from your registry to voluntarily provide their name, mailing address and/or email address for the purpose of providing such information to you in connection with a report on the gift item purchased;
  2. Ask such individuals, as a separate and wholly voluntary matter, not conditioned on any registry transaction or purchase, whether they would like their information to be included in our databases for promotional and marketing purposes; and
  3. Provide such information to you as the registrants.

Note that Crate and Barrel cannot confirm or attest to the accuracy of any information provided, or require purchasers to provide it. We do our best to collect and convey to you complete and accurate information, but we cannot guarantee that errors will not occur or that every transmission will be error-free. Nor can Crate and Barrel be responsible for any items that you do not receive from a sales transaction, that are returned without being given to you, and/or that are purchased without disclosure as being from your registry.

Consent Given by Purchasers

Purchasers who elect to provide information about themselves in connection with a registry purchase, as part of the TYM program, thereby consent to having Crate and Barrel:

  1. Furnish the registrants with the information they voluntarily provide—i.e., name, mailing address and/or email address—to be used for the TYM program, in connection with the purchase;
  2. Furnish such information to the registrants linked to the gift item purchased; and
  3. Offer purchasers the opportunity, as a separate and wholly voluntary matter, not conditioned on any registry transaction or purchase or participation in the TYM program, whether they would like their information to be included in our databases for promotional and marketing purposes.

Note that, while Crate and Barrel does its best to collect and to convey to registrants complete and accurate information, we cannot guarantee that errors will not occur or that every transmission will be error-free. Nor can Crate and Barrel be responsible for any items that are reported on the TYM program as purchased by you from the registrants’ gift registry, but that you do not give to the registrants, for whatever reason, or that you purchase from a registry without disclosing at the time of the purchase that they are from a registry.

Submissions

We welcome your comments regarding the TYM program. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) delivered to a Crate and Barrel associate, sent to a Crate and Barrel store or other facility or sent to crateandbarrel.com shall be and remain the exclusive property of Crate and Barrel to be handled and/or used by Crate and Barrel in any manner it, in its sole discretion, deems appropriate. Your submission of any such Comments shall constitute an assignment to Crate and Barrel of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Crate and Barrel will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as, by way of example only, stories, product ideas, computer code or original artwork, as such transmission may serve to invalidate or diminish your rights in or claim to such items.

Gift Messages

Any gift messages that are included with registry gifts are subject to the same terms and conditions and guidelines as any other gift messages attached to Crate and Barrel packages and gift items. Gift messages will be included only to the extent that they do not include obscene, profane or threatening language, or are otherwise similarly inappropriate. Examples of the kinds of conduct or content that are prohibited in such gift messages include, but are not limited to:

  1. The transmission of any content that violates, facilitates the violation of, or could violate or facilitate the violation of any applicable law, regulation, or Crate and Barrel rule or policy;
  2. The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
  3. The impersonation of any person or entity in any part of a gift message; and/or
  4. The transmission of any content that would violate the intellectual property rights of any other person or entity.

Crate and Barrel reserves the right, but is not obligated, to restrict or remove any and all content from a gift message that we determine, in our sole discretion, to violate these guidelines or applicable law, or to be otherwise harmful to us, to other Crate and Barrel customers, or to any other person or entity.

TYM Program via Internet

To the extent that you access or use the TYM program via the crateandbarrel.com website, note that all terms and conditions related to the use of that website apply, including, without limitation, the privacy policy applicable to such website. Nothing set forth in these Terms and Conditions of Use in any way supersede or render inapplicable the terms and conditions and/or privacy policy for and applicable to the use of that website.

Disclaimer

The TYM program is provided as a service enhancement on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the TYM program, that your use of the TYM program is at your sole risk and that Crate and Barrel shall not be liable for any damages of any kind related to or arising out of your use of the TYM program.

Indemnification

You agree to defend, indemnify and hold harmless Crate and Barrel from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the TYM program, including, without limitation, your use of the TYM program in violation of these Terms and Conditions of Use.

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