WEBSITE TERMS AND CONDITIONS OF USE
Last Updated: 01-29-2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY.
THIS WEBSITE IS OWNED AND OPERATED BY KAS DIRECT, LLC, WHICH DOES BUSINESS AS BABYGANICS, AND/OR ITS SUBSIDIARIES (“BABYGANICS”). WHEN YOU USE THIS WEBSITE, OR ANY OF OUR OTHER WEBSITES, MOBILE SITES AND SOCIAL MEDIA PAGES (COLLECTIVELY, THE “WEBSITE”), YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OF USE.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THE WEBSITE.
We may amend these Terms from time to time. In the event we make a change to these Terms, we will notify you by posting the revised Terms to the Website. Any amendment to these Terms will be effective immediately upon the posting of the revised Terms to the Website. If you do not agree with the changes made to these Terms, you should no longer use the Website. Continued use of the Website after such changes to the Terms will constitute your acceptance of such changes. Please return to the Website from time to time to review the current Terms.
Please note that your use of the Website or certain content and features of the Website may be subject to additional terms described therein (“Additional Terms”), including, but not limited to, with respect sweepstakes, contests and e-commerce activities. Unless provided otherwise, in the event that any of these Terms conflict with the Additional Terms, then these Terms shall control. By using the Website or such content and features, you also agree to be bound by those Additional Terms.
The Website is governed and operated in accordance with the laws of the United States, while designed to be compatible with the laws of the countries in which we operate. While these Terms will govern your use of the Website, you may be entitled to certain consumer protection rights under the laws of your local jurisdiction. If you reside outside of the United States, the laws in your country of residence may apply to any online transactions you enter into with us.
- RESTRICTIONS ON YOUR USE OF THE MATERIALS IN THE WEBSITE
- ELECTRONIC COMMUNICATIONS
- USER PARTICIPATION AND SUBMISSIONS
- CODE OF CONDUCT
- MOBILE DEVICES
- SWEEPSTAKES AND CONTESTS
- REFERRAL OPPORTUNITIES
- VOTING/RATING FEATURES
- PRODUCT INFORMATION
- DISPUTES BETWEEN USERS
- LIMITATION OF LIABILITY
- LINKS TO OTHER SITES
- NOTICE OF COPYRIGHT INFRINGEMENT UNDER U.S. LAW
- DURATION AND TERMINATION OF TERMS AND CONDITIONS OF USE
- SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
- GENERAL TERMS APPLICABLE TO E-COMMERCE
- ENTIRE AGREEMENT
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN THE WEBSITE
The materials included in the Website (including, but not limited to, images, software, audio, text, video clips and other media) (the “Materials”) are the property of or have been licensed to Babyganics and are protected by intellectual property laws such as patent, trademark or copyright laws. Except for your own personal and noncommercial use, you are prohibited from modifying, reproducing, transmitting, distributing, displaying, creating derivative works from, transferring, or selling any of these Materials without the prior written consent of Babyganics or its owner in the case of Materials that have been licensed to us. Any unauthorized attempt to modify any Materials included on the Website or to defeat or circumvent our security features, or to utilize the Website or any part of the Materials included on the Website for any purpose other than its intended purposes is strictly prohibited.
Babyganics’ trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Babyganics (collectively, the “Trademarks”) displayed on the Website are registered and unregistered marks of Babyganics. All other trademarks, trade names, product names, service marks and all other non-Babyganics marks are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Babyganics or such third party that may own other trademarks displayed on the Website. The absence of a product or service name or logo anywhere in the text of the Website does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
The use of any of the Materials, including Submissions as defined below, is at your own risk. Babyganics reserves the right to change any and all content, software, applications, and other items used or contained in the Website at any time without notice.
Use of the Website is limited to: (a) legal United States residents who are least 18 years of age or the age of majority in his/her jurisdiction of residence, whichever is older, and (b) individuals outside of the United States with the power to enter into a binding contract with us and not be barred from doing so under any applicable laws in their country of residence.
When you use the Website, you consent to receive communications from us electronically. We will communicate with you, at our discretion, by email or by posting notices on the Website. 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.
Registration may be required to use or access certain areas of the Website. Babyganics will handle all information received from you in connection with your registration in accordance with Babyganics’ Privacy Notice.
You may not use an email address that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.
When you register, all information you submit must be truthful, accurate, current, and complete. If the information that you provide to Babyganics changes, you agree to promptly provide us with updated information. Babyganics may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
Your email address and the password you create will be your login information, and should be kept confidential. You are fully responsible for all use of your account and for any actions that take place using your account, including, without limitation, as a result of any loss, theft, or unauthorized use of such login information. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
USER PARTICIPATION AND SUBMISSIONS
Now or at various points in the future, some areas of the Website (including, but not limited to, forums, blogs, reviews or comment sections, and chat rooms) will offer the ability for users to (a) post or submit to us materials such as remarks, suggestions, ideas, observations, graphics, reviews, comments, data, opinions, advice, writings, drawings, images, photographs, audio-visual works, video recordings, sound recordings, entries to promotions or other information or content created by an user (“Submissions”), (b) download text, video, photographs and/or other content onto a computer (collectively, “Computer Download”), (c) download mobile entertainment or other content, such as applications, ringtones, games, graphics, news, audio, video, photograph and other information data via the Internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (collectively, “Mobile Download”), and/or (d) view the Website. Any Computer Download may only be used on your own computer (or a computer controlled by you), and any Mobile Download may only be used on your own mobile device (or a device controlled by you).
All Submissions will be considered non-confidential and non-proprietary. Babyganics will have no obligations with respect to Submissions. We cannot guarantee that other users (or other third parties) will not use the ideas that you share. Therefore, if you have an idea that you would like to keep confidential and/or do not want others to use, do not post it to the Website. Also, any Submission you provide to us should reflect your honest opinions, findings, beliefs or experience, and are within your personal knowledge, and should not misrepresent in any respect your relationship with Babyganics. For example, the user should disclose any material connection, if one exists, between him or her and Babyganics in any Submission that contains an endorsement.
Babyganics does not and cannot review all Submissions provided by users and is not responsible for the content of these Submissions, nor does Babyganics endorse any Submissions. Accordingly, we cannot guarantee the accuracy, integrity or quality of Submissions, and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Website. You should never assume any Submissions reflect the opinions or policies of Babyganics. That is the case even though Submissions may include comments about other users’ Submissions, or comments about some of our products, services, promotions, Website or other similar information.
You are solely responsible for (a) any Submission you post on or through the Website, (b) any material or information that you provide to us or other users (or others that view the Website), and (c) your interaction with other users (or others that view the Website). By sending a Submission to the Website, you release Babyganics of any duty or obligation it might otherwise have to review or act in response to the Submissions, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Submissions.
You acknowledge that by providing you with the ability to submit, view or distribute these Submissions, we are acting merely as a passive conduit and are not undertaking any obligation or liability relating to Submission contents, or activities of users on the Website. However, we do reserve the right to alter, edit, refuse to post, review, reject, block, remove or take any other action that we may deem necessary to deal with any Submissions. This may include those Submissions which we find to be abusive, defamatory, obscene, fraudulent, in violation of a third party’s right, including, but not limited, to intellectual property rights or rights of publicity or privacy, or otherwise offensive or deemed unacceptable by us in our sole discretion. Such action may include, but is not limited to, removing content that allegedly does not conform to these Terms, terminating a user’s access to the Website and removing all Submissions submitted by any persons who we determine to be infringers or repeat infringers.
If we are notified by any user that a Submission allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion the appropriate action to take. We have no liability whatsoever for editing, removing, or continuing to permit the display of any Submissions.
We may obtain many Submissions on the Website that contain, or otherwise develop on our own, or through third party vendors we engage, ideas, inventions, materials and other content that may be similar or identical in theme, idea, format or other respects to Submissions you make to the Website. For example, Babyganics is actively engaged in research and development for new products and services, and the creation of marketing and advertising materials and other content related to our products and services or that may otherwise be of interest to other users, on our own and through third party vendors. By providing a Submission, you understand that you waive any and all claims you may have had, may have, and/or may have in the future based on any ideas, invention, composition, video and/or other works used by Babyganics (or its designees) being based upon, or otherwise being the same as or similar to, any Submissions made by you on the Website.
IF YOU SUBMIT MATERIAL TO US:
(1) You hereby provide us with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable and unlimited license to use, edit, distribute, perform, display, incorporate, sublicense, and create derivative works of all or any portion of your Submission in any way that we see fit and for any purpose whatsoever.
This means, among others, that:
- We don’t have to treat any such Submission as confidential.
- If we use such Submission or let others use such Submission -- or anything like such Submission -- we don’t have to pay you or anyone else for such Submission or use.
- We can use such Submission for any purpose, without compensating or notifying you or anyone else for such Submission or use.
- We can use such Submission in a website, digital, print or any other media throughout the world forever.
(2) To the extent any right you may have in or relating to any Submission cannot be licensed to Babyganics under applicable law or legal theory, you hereby irrevocably release and waive any and all such rights, including, but not limited to, any rights of publicity, rights of privacy, trade secret rights, and “moral rights” or any other rights with respect to attribution of authorship or integrity of materials, or any other intellectual property rights.
(3) You acknowledge that you are responsible for any Submission you make -- in other words, you acknowledge that you (and not we) have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and compliance with corresponding laws.
(4) You also acknowledge that we do not have any obligation to use, post, or respond to any Submission. We may contact you or any third parties to verify the information contained in a Submission you provide to us, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. You agree that any materials created from such activities will be owned by us and may be used in any manner we deem appropriate. We may also send you information and notices regarding your Submission through the Website, by email or other means based on the information you provided to us in connection with your Submission.
Babyganics reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of some or all Submissions and/or your ability to access Submissions with or without notice in its sole discretion. You agree that Babyganics shall not be liable to you or to anyone else for any suspension or discontinuance of acceptance of any Submissions.
CODE OF CONDUCT
Although we are not responsible for the conduct of our users or the Submissions they make, we want the Website to be a place on the internet where the content does not violate the rights of any person, offend or hurt people. Therefore, in using the Website, please DO NOT do any of the following:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark, patents, privacy and publicity rights (e.g., using someone else’s name or likeness or a photograph taken by another person without his or her consent) - you should only submit materials that you own exclusively;
- publish falsehoods or make statements that could damage us or anyone else;
- submit material that is unlawful, obscene, false, misleading, defamatory, libelous, threatening, disparaging, pornographic, harassing, hateful, racially or ethnically offensive, gives rise to civil liability, violates any law or is otherwise inappropriate;
- submit materials that promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- post advertisements or solicitations of business;
- interrupt the operation of the Website in any manner whatsoever, including by imposing an unreasonable load on the Website;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
- defeat security mechanisms, investigate or explore how to defeat security mechanisms, or provide information concerning methods of defeating security mechanisms, including by allowing another person to access the Website using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
- violate any local, state, national or international law or post any Submission that would encourage or provide instructions for a criminal offense;
- misrepresent yourself, your age or your affiliation with any person or entity, including, without limitation, with respect to any relationship or material connection you have with Babyganics;
- use the Website to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- post or share any personally identifiable or private information of any third party;
- solicit passwords or personal information from anyone;
- use information or content you obtained on the Website in any manner not authorized by these Terms;
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- register for more than one account or use or attempt to use another’s account, service or system without authorization or create a false identity on the Website; or
- engage in any predatory or stalking conduct, or intimidate or harass anyone.
The following are the basic do’s and don’ts for interacting on the Website
- Be respectful of others, especially when disagreeing with them.
- Debate is great, but it should be done in a constructive way.
- Take responsibility for your own words.
If permitted or available through the Website, to (a) upload content to the Website via your mobile device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Website from your mobile device, and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”), you must have a mobile subscription plan with a participating mobile carrier and your wireless subscription plan must provide you with the necessary functionality. You may be required to pay service fees to your carrier and other third parties when accessing and using their services. You should check the plan you have with your carrier to ascertain what charges you may incur.
SWEEPSTAKES AND CONTESTS
Any sweepstakes, contests, games and/or promotional offers accessible on the Website are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on the Website, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, contests, game or promotional offer will govern, but only to the extent of the conflict.
We may offer from time to time referral programs that permit you to submit information about your friends or family (“Referred Person”), including, without limitation, email addresses, telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Website and its features. We may use and store any such information that we collect from you about a Referred Person in accordance with our Privacy Notice, and only to the extent necessary to carry out your request. We will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be (a) a legal United States resident who is least 18 years of age or the age of majority in his/her jurisdiction of residence, whichever is older, or (b) an individual outside of the United States with the power to enter into a binding contract with us and not be barred from doing so under any applicable laws in his/her country of residence, or such other age designated on the sign-up page, and be able to register for the features offered on the Website and otherwise use the Website. We reserve the right to add additional restrictions on who may be referred. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Website or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or email address if he or she appears to be on any of our “do not contact” or “do not email” lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, the Website, any service or feature, or any third party for any reason, or for any other reason as determined in our discretion.
If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the Website. Incentives, rewards, or referral programs shall be subject to additional terms and conditions that shall be posted at the time such programs become available. To the extent of any conflict between those terms and conditions and these Terms, the terms and conditions for the incentive, reward or referral program will govern, but only to the extent of the conflict. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the Website to communicate to a Referred Person (or any third party), you agree not to use the Website to harm the Referred Person or any other third party, and/or use the Website in violation of any applicable laws, rules or regulations or Terms.
If we at any time introduce a means of online communication available only to members, we may impose all or some of the same restrictions as set forth above, as we determine in our discretion, and communicate and provide important notices to you via such online communication system.
For any voting/rating features that are available on the Website, you must follow the instructions on the Website to submit your votes/ratings, including without limitation, any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any voting/rating limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. We reserve the right, in our sole discretion, to disqualify any person we find to be violating these Terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters.
You may be invited or asked to attend Babyganics sponsored events, events sponsored by our business partners or events held by users of the Website which are not in any way associated with Babyganics (collectively, “Events”). Your participation in any Events is at your own risk and you hereby agree to release and hold the Babyganics harmless from and against any liabilities, claims, damages, costs and expenses, including without limitation, any injury or death to you or your minor children or wards, and reasonable attorneys’ fees and costs, resulting from attending the Events or participation in any activities available at the Events. You also hereby agree that we (and our designees) may film and record any of the Events sponsored by Babyganics in which you or your minor children or wards participate, and you hereby agree that such films and recordings shall be owned by Babyganics and we (and our designees) may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media, now or hereafter known, throughout the world in perpetuity without notice, approval or compensation to you or any third party. We may condition your attendance at an Event on obtaining your written confirmation to such agreement.
IMPORTANT: SUBMISSIONS ON THE WEBSITE MAY INCLUDE SUGGESTIONS FOR USES OF BABYGANICS PRODUCTS THAT HAVE NOT BEEN EVALUATED OR APPROVED BY BABYGANICS. Babyganics does not endorse or approve the use of any of its products in any manner other than the product’s intended use as described on its packaging. You should never use any Babyganics product in any manner other than the manner in which it was intended to be used.
DISPUTES BETWEEN USERS
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR THIRD PARTIES. BABYGANICS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS (AND OTHER THIRD PARTIES) AND TO TERMINATE YOUR ACCESS TO THE WEBSITE IF BABYGANICS DETERMINES, IN ITS SOLE DISCRETION, THAT DOING SO IS PRUDENT.
LIMITATION OF LIABILITY
BABYGANICS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE WEBSITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE WEBSITE;
- USE OF (OR INABILITY TO USE) ANY WEBSITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE;
- FAILURE OF PERFORMANCE;
- DELAY IN OPERATION OR TRANSMISSION;
- COMPUTER VIRUS; OR
- LINE FAILURE.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
- INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); OR
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”).
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.
EXCEPTION: IN CERTAIN JURISDICTIONS THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE WEBSITE.
THE MATERIALS IN OUR WEBSITE ARE PROVIDED “AS IS.” THIS MEANS THAT BABYGANICS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE WEBSITE.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES:
- THAT THE MATERIAL IS MERCHANTABLE AND IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
- THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE;
- THAT DEFECTS WILL BE CORRECTED;
- THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
- THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY DIRECTIONS, INSTRUCTIONS OR RECIPES CONTAINED IN THE MATERIALS.
IN ADDITION TO THE ABOVE, YOU (AND NOT BABYGANICS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
BABYGANICS CANNOT CONTROL THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY CHOOSE TO SHARE YOUR INFORMATION. THUS, WE CANNOT AND DO NOT GUARANTEE THAT SUBMISSIONS WILL NOT BE VIEWED BY UNAUTHORIZED PERSONS OR USED FOR IMPROPER PURPOSES. BABYGANICS IS NOT RESPONSIBLE FOR ANY CIRCUMVENTION OF PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE WEBSITE. YOU ACKNOWLEDGE AND UNDERSTAND THAT, EVEN AFTER REMOVAL, COPIES OF SUBMISSIONS MAY REMAIN VIEWABLE IN CACHED OR ARCHIVED PAGES OR IF OTHER USERS HAVE COPIED OR STORED YOUR SUBMISSION.
ANY ACTION TAKEN IN RESPONSE TO INFORMATION, OPINIONS, ADVICE, OR SUGGESTIONS OFFERED, DISCUSSED OR POSTED ON THE WEBSITE, INCLUDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIONS TAKEN IN RESPONSE TO ANY SUCH INFORMATION, OPINIONS, ADVICE, OR SUGGESTIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF ANY SUCH ACTION, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
EXCEPTION: IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
We sometimes provide access to other World Wide Web sites from our Website. Babyganics does not endorse or approve any products, services or information offered at such third party websites, and makes no representations regarding the quality, safety or suitability of any products, services or information provided by third parties. Likewise, links to third party sites are provided for your convenience only, and Babyganics is not responsible for the content of any site linked to or from the Website. Babyganics disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Babyganics-operated site or have moved to another site.
You agree to indemnify and hold Babyganics, our affiliated entities, and each of our respective officers, directors, employees, representatives and agents harmless from any claim, demand, loss, expense, liability or damages (including reasonable attorneys’ fees and costs) arising out of:
- your use of the Website,
- your use of any Submission,
- your participation in any service or program offered on or through the Website,
- your breach or alleged breach of these Terms,
- any Submission posted by you, or
- your alleged violation of the rights of any third party (including, without limitation, claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right).
We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
NOTICE OF COPYRIGHT INFRINGEMENT UNDER U.S. LAW
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive copyright right that has been allegedly infringed.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the above requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there may be penalties for false claims under the DMCA.
Our copyright agent for notice of claims of copyright infringement can be reached as follows:
ADDRESS: 1600 Stewart Avenue, Suite 411, Westbury, NY 11590; Attention: Legal Department – DMCA Notice
This contact information is only for suspected copyright infringement. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Babyganics will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Website privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
DURATION AND TERMINATION OF TERMS AND CONDITIONS OF USE
These Terms apply to you the moment that you first use the Website. Babyganics may terminate these Terms, or any portion of them, at any time and without notice to you, for any reason. However, the portions dealing with RESTRICTIONS ON YOUR USE OF MATERIALS ON THE WEBSITE, LIMITATION OF LIABILITY, INDEMNIFICATION, DISCLAIMER, and JURISDICTION will survive termination.
In addition, Babyganics is entitled to suspend, restrict, or terminate all or part of the Website, or your access or use of it, at any time, without notice to you.
Babyganics controls and operates the Website from the company’s headquarters in Westbury, New York, in the United States of America.
These Terms, and the agreement they create, shall be governed in all respects by and interpreted in accordance with the laws of the State of New York, U.S.A., without regard to choice of law provisions. Likewise, your use of the Website shall be governed in all respects by the laws of the State of New York, U.S.A. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Babyganics’ failure to exercise, enforce or insist upon strict performance of any right or provision of these Terms shall not be construed as a waiver of any such right or provision. If any provision of these Terms is unlawful, void or unenforceable under applicable law, it will not affect the lawfulness, validity and enforceability of any remaining provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Babyganics may assign its rights and duties under these Terms to any party at any time without notice to you.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website must be filed within one (1) year after such claim or cause of action arises or be forever barred and waived.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Website, any advertising or other materials issued in connection therewith, or any content or other material used or displayed on the Website. You understand and agree that no fiduciary relationship is established between you and us by your use of the Website. Your use of the Website shall not be deemed to create the relationship of employer and employee, or principal and agent, joint venture or partner between you and us.
While we design the Website to be compatible with the laws of the countries in which we operate, we in no way represent or imply that the Materials on the Website are appropriate or available for use outside of the United States, and access to them from territories where their content is illegal is prohibited. If you use the Website from locations outside of the United States, you do so on your own initiative and are responsible for compliance with any applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Babyganics outside the United States:
- You agree that the Website is subject to the laws of the United States.
- You agree to the collection, processing, maintenance and transfer of such information in and to the United States or another country in accordance with our Privacy Notice.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Website. You will not use the Website if you are prohibited from receiving products, services, or software originating from the United States.
Our Privacy Notice states in full our policy regarding how we handle information that we collect about you (including through automatic means) or that you choose to submit to us.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise and OnGuard Online. Babyganics does not endorse, support or approve any of the products or services listed at such sites.
GENERAL TERMS APPLICABLE TO E-COMMERCE
Reference to any product on the Website does not constitute an offer to sell or supply that product and does not mean that the product is available or that the name and description of any product from our wholesale distributors will be the same as that included on the Website.
We cannot guarantee that product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed.
Where applicable, our policies relating to shipping and return/replacement of products are posted on the Website for your review. Review those policies prior to purchasing products from the Website.
Prices and availability of products listed on the Website are subject to change without notice.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.