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User Agreement
Please review the following carefully. This "Agreement" is a
contract between each party ("User") who accesses AboutaBaby.com
site (the "Site") and the proprietor of the Site ("About
a Baby.com, LLC") regarding access to, and use of, the Site. By accessing,
or otherwise using, the Site, each User agrees to be bound by this Agreement
and acknowledges the consideration provided by About a Baby.com, LLC in
support of this Agreement, and particularly including the disclaimers,
limitation of liability and provisions related to prohibited conduct set-out
herein. About a Baby.com, LLC reserves the right to change this Agreement
at its sole discretion by posting revisions thereto on the Site. Continued
accessing, or otherwise using, the Site following any such revision(s)
constitutes acceptance of the revised Agreement. Any User not agreeing
with this Agreement or any revision thereof should terminate access to,
or other use of, the Site immediately.
1. Registration, Accounts and Passwords. About a Baby.com,
LLC site includes a number of baby related services ("Services")
such as personalization and web hosting. A User agrees to provide accurate
and current information for such registration, and to update such information
completely and timely as needed.
2. Use of Site. A User agrees that such User shall use
the Site solely for the purposes intended, as reflected on the Site itself,
and shall not use this Site to make false or fraudulent representations
or to post or otherwise distribute any unauthorized material owned by
another including information, software or other material which is a trade
secret of another or is protected by any intellectual property right,
without obtaining permission of the right holder. A User shall not use
any devices or methodology to monitor or copy any web pages or content
found on the Site, without the prior written consent of About a Baby.com,
LLC. A User shall not: (a) post or otherwise distribute any defamatory,
obscene or unlawful material or information, any information encouraging
conduct that would constitute a criminal offense or give rise to civil
liability, or any information or software which contains a virus, worm
or other harmful or damaging component; (b) defame, harass, threaten or
otherwise violate the legal rights of another; or (c) exploit the Site
for any commercial purposes or otherwise use the Site in a manner which
is contrary to the law of any country or locality
3. Privacy. The Privacy Policy posted on the Site is
incorporated herein by reference as an integral part of this Agreement.
4. Payment for Services. All Services on the Site are
offered by About a Baby.com, LLC on a payment basis. A User warrants that
all information submitted in association with such payment by such User
is correct and that such User is of the age sufficient to execute an Agreement
in the jurisdiction of such User's residence. A User further warrants
that any costs of collection that may be incurred by About a Baby.com,
LLC regarding such payments will be born by the User.
5. User Responsibility. A User is solely responsible
for all results of acts or omissions that occur through such User's actions
and for maintaining the confidentiality of any password or account information
in the User's control. A User agrees to indemnify, defend and hold harmless
About a Baby.com, LLC, its proprietor, agents, employees, and consultants
from any and all third party claims, liability, damages and/or costs (including,
but not limited to, attorneys' fees) arising from the use of the Site
by User, the violation by User of this Agreement, or the infringement
by User of any right of another. Users agree to immediately notify About
a Baby.com, LLC of any unauthorized use of their account or any other
breach of security known to them.
6. Related Links. About a Baby.com, LLC provides access
to various other sites ("Related Links") but does not warrant
the accuracy, completeness, or any other aspect of information provided
through such Related Links and does not warrant or endorse any goods or
services available through such Related Links. Information obtained from
such Related Links should be independently verified before relied upon
for any purpose. Goods and services available through such Related Links
should be independently assessed before purchase thereof by a User. A
User agrees that all dealings with any third party, including those of
which it learns on the Site, are strictly the responsibility of such User
and such third party, and About a Baby.com, LLC shall have no responsibility
or liability associated with any such dealings.
7. No Warranties. A User understands and agrees that
the Site is subject to various vagaries of electronic transmission, data
storage and computer, server, or internet availability that can occasionally
cause the Site to be unavailable for periods of time or may cause the
loss of information, data or content. About a Baby.com, LLC shall have
no liability for such unavailability, or loss. Accordingly, A USER AGREES
THAT ABOUT A BABY.COM, LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE
SITE OR THE SERVICES SHALL BE AVAILABLE AT ALL TIMES, OR BE SECURE, OR
WITHOUT ERROR OR MISTAKE OR THAT DATA OR OTHER CONTENT MAY NOT BE LOST.
Moreover, THE SITE, AND ITS CONTENTS, ARE PROVIDED "AS IS" AND
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT
LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE; QUIET ENJOYMENT; OR NON-INFRINGEMENT. ABOUT A BABY.COM,
LLC IS NOT RESPONSIBLE FOR ANY CONTENT ON THE SITE SUPPLIED BY ANY USER
OR THIRD PARTY, OR FOR DAMAGES OR ANY CLAIM OF LOSS CAUSED BY THE INTERNET,
COMPUTER, STORAGE, OR TRANSMISSION FAILURE, OR CONTENT ON THE SITE AND/OR
OR THROUGH ANY RELATED LINK. FURTHERMORE, ABOUT A BABY.COM, LLC DOES NOT
WARRANT THAT THE SITE OR SERVICES WILL MEET ANY OF USER'S EXPECTATIONS.
8. Limitation of Liability. ABOUT A BABY.COM, LLC, ITS
PROPRIETOR, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION
OR THE LIKE) ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF THE SITE OR
ANY INFORMATION OR LINKS AVAILABLE ON THE SITE. IF A RELEVANT JURISDICTION
DOES NOT PERMIT ANY OF THE EXCLUSIONS OF LIABILITY STATED HEREIN, THE
EXCLUSIONS SHALL BE AMENDED ACCORDINGLY BUT ONLY TO THE EXTENT NEEDED
TO PRESERVE THEIR EFFECT TO THE MAXIMUM EXTENT OF THE LAW IN THAT JURISDICTION.
IF, NOTWITHSTANDING THE FOREGOING, ABOUT A BABY.COM, LLC SHOULD BE FOUND
LIABLE FOR ANY LOSS OR DAMAGE WHATESOEVER, SUCH LIABILITY SHALL BE LIMITED
IN TOTO TO THE AMOUNTS PAID TO ABOUT A BABY.COM, LLC IN CONNECTION WITH
THE EVENTS LEADING TO SUCH LIABILITY BY THE PARTY CLAIMING SUCH LIABILITY.
THE FOREGOING PROVISIONS SHALL APPLY TO ALL TYPES OF CLAIMS WHETHER SOUNDING
IN CONTRACT AND TORT.
9. Rights to Terminate Use. A User agrees that About
a Baby.com, LLC reserves the right, without prejudice to its other rights,
to suspend or terminate the Account of a User relating to use of the Site
at any time where About a Baby.com, LLC has determined, in its sole discretion,
that the use of the Site by such User is, or was, in breach of this Agreement.
ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR
REMEDIES AVAILABLE TO ABOUT A BABY.COM, LLC AND WITHOUT ANY LIABILITY
WHATSOEVER, ABOUT A BABY.COM, LLC AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE
OR RESTRICT ACCESS BY A USER TO THE SITE.
10. Trademarks. Use of any of the marks, names, logos,
or other indicia appearing on the Site without the prior written consent
of About a Baby.com, LLC or the owner of the respective marks, names,
logos, or other indicia, is prohibited.
11. Ownership of Site and Copyrights. A User agrees that
the site is the property of About a Baby.com, LLC. None of the content
or data found on the Site may be copied, reproduced, republished, sold,
transferred, modified or distributed in any way without the prior written
consent of About a Baby.com, LLC, except for by a User regarding data
supplied by such User. Moreover, all information and content on the Site
are: Copyright About a Baby.com, LLC and the Users who supplied same,
as of the year of first publication, beginning in 2004. All rights are
reserved. Any copying, republication, derivation, or redistribution of
such content, including by framing or other means, is prohibited, without
the prior written consent of the owner.
12. No Licenses. A User agrees that content available
through the Site and the software associated with or implementing the
Site and all aspects thereof are protected by intellectual property rights
including, but not limited to, copyright, trademark, and/or patent, and
agrees not to take any action that would compromise the integrity of the
Site, its content or software, or to decompile, disassemble, or reverse
engineer any software or programs used in connection with the Site. Except
as expressly provided, nothing shall be construed as conferring any license,
expressed, implied, or by waiver or estoppel, under any of About a Baby.com,
LLC's or any third party's intellectual property rights. A User agrees
further not to use any of the intellectual property rights mentioned above
for any purpose other than the purpose for which such rights are made
available in association with the Site.
13. Miscellaneous
13.1 Termination and Expiration. As defined above, About
a Baby.com, LLC may terminate access by a User to the Site in its sole
discretion at any time. Moreover, a User's access to the site will also
be terminated at the expiration of a the term for which payment has been
made (typically a maximum term of 12 months). Such termination or expiration,
of or for a User, shall not affect any existing right to relief, at law
or in equity, of About a Baby.com, LLC. Upon termination or expiration,
all rights of such User shall terminate and any rights in content shall
be belong to About a Baby.com, LLC.
13.2 Relationship. About a Baby.com, LLC and a User shall
be independent or each other for all purposes and no relationship as partners,
joint ventures, fiduciaries, employees or agents of the other shall be
inferred or implied.
13.3 Assignment. A User may not assign or delegate any
rights or obligations hereunder.
13.4 Entire Agreement. A User agrees that this Agreement
is the complete statement of the Agreement between such User and About
a Baby.com, LLC and supersedes any other communications between such User
and About a Baby.com, LLC relating to access of or use of the Site. Thus,
this is the entire agreement between About a Baby.com, LLC and a User.
However, its provisions other than those above related to "No Warranties"
and "Limitations of Liability" of the About a Baby.com, LLC
are severable to preserve the validity of the Agreement to the maximum
extent possible. In the event that any provision of this Agreement should
be determined to be unenforceable or invalid to any extent by a Court
of competent jurisdiction, such provision shall be deemed to be modified
as needed to ensure its enforceability to the maximum extent permitted
under the law and shall not affect the validity and enforceability of
any other remaining provisions.
13.5 Applicable Law. This Agreement is interpreted under,
and governed by, the laws of the state of California and the United States
of America. User consents to the exclusive jurisdiction of the State and
Federal Courts of the State of California, as applicable, in respect of
all claims or disputes arising out of this Agreement or any aspect of
performance thereunder or in any way connected with the Site.
14. User Acknowledgement and Agreement. A User acknowledges
that such User has read this Agreement and agrees to be bound by it as
a condition precedent to continuing access to or use of the Site in any
way.
Privacy Policy
The purpose of this Privacy Policy is to demonstrate our commitment to
privacy and security. This Privacy Policy describes how About a Baby.com,
LLC collects information from all end users of About a Baby.com, LLC's
Internet services (the "Services")-those who view our Services
as visitors but do not have accounts ("Visitors"), as well as
those who pay a service fee to subscribe to the Service ("Users")-what
we do with the information we collect, and the choices Visitors and Users
have concerning the collection and use of such information. About a Baby.com,
LLC requests that you read this Privacy Policy carefully.
Personal Information. About a Baby.com, LLC collects
information in different ways from Visitors and Members who access the
various parts of our Services and the network of Web sites accessible
through our Service. We use this information primarily to provide a customized
experience as you use our Services and, generally, do not share this information
with third parties. However, we may disclose personal information collected
if we have received your permission beforehand or in very special circumstances,
such as when we believe that such disclosure is required by law or other
special cases described below. Of course, the Personal Information that
you may place on the site for publication as part of the Services will
be made public as that is inherent in the Services. Therefore, you should
choose that information wisely and avoid information that you do not wish
to publish or you do not have the right to publish. Any information entered
into the babyDiary is visible only to the Member, and is not accessible
by any other parties.
Registration. Users are asked to provide certain personal
information when they sign up for our Services including name, telephone
number, birth statistics, email address, mailing address and billing information
(such as a credit card number). The personal information collected from
Users during the registration process is used to manage each User's account
(such as for billing purposes). This information is not shared with third
parties by us except as needed for billing, unless specifically stated
otherwise or in special circumstances. About a Baby.com, LLC may also
generate non-identifying and aggregate profiles from personal information
Users provide during registration (such as the total number, but not the
names, of Users). As explained in more detail below, we may use this aggregated
and non-identifying information to sell advertisements that appear on
the Services.
Online Shopping. At some Web sites, you can purchase
products and services or register to receive materials, such as a catalog
or new product and service updates. In many cases, you may be asked to
provide contact information, such as your name, address, email address,
phone number, and credit/debit card information. If you complete an order
for someone else, such as an online gift order sent directly to a recipient,
you may be asked to provide information about the recipient, such as the
recipient's name, address, and phone number. About a Baby.com, LLC has
no control over the third parties' use of any personal information you
provide when placing such an order.
If you order products directly from About a Baby.com, LLC we will use
the personal information you provide only to process that order. We do
not share this information with outside parties except to the extent necessary
to complete that order.
Online Advertisements. About a Baby.com, LLC may display
online advertisements. Such advertisements will only appear on the Aboutababy.com
website and in the Aboutababy.com member chat area.
Responses to Email Inquiries. When Visitors or Users send email
inquiries to About a Baby.com, LLC, the return email address is used to
answer the email inquiry we receive. AboutaBaby.com does not use the return
email address for any other purpose and does not share the return email
address with any third party.
Voluntary Customer Surveys. We may periodically conduct
both business and individual customer surveys. We encourage our customers
to participate in these surveys because they provide us with important
information that helps us to improve the types of services we offer and
how we provide them to you. Your personal information and responses will
remain strictly confidential, even if the survey is conducted by a third
party. Participation in our customer surveys is voluntary.
We take the information we receive from individuals responding to our
Customer Surveys and combine (or aggregate) it with the responses of other
About a Baby.com, LLC customers to create broader, generic responses to
the survey questions (such as gender, age, residence, hobbies, education,
employment, industry sector, or other demographic information). We then
use the aggregated information to improve the quality of our services
to you, and to develop new services and products. This aggregated, non-personally
identifying information may be shared with third parties.
Special Cases. It is About a Baby.com, LLC's policy not
to use or share the personal information about Visitors or Users in ways
unrelated to the ones described above without also providing you an opportunity
to opt out or otherwise prohibit such unrelated uses. However, About a
Baby.com, LLC may disclose personal information about Visitors or Users,
or information regarding your use of the Services or Web sites accessible
through our Services, for any reason if, in our sole discretion, we believe
that it is reasonable to do so, including: to satisfy laws, such as the
Electronic Communications Privacy Act, regulations, or governmental or
legal requests for such information; to disclose information that is necessary
to identify, contact, or bring legal action against someone who may be
violating our policies; to operate the Services properly; or to protect
AboutaBaby.com and our Users.
About a Baby.com, LLC's Commitment to Data Security.
While we make every effort to ensure the integrity and security of our
network and systems, we cannot guarantee that our security measures will
prevent third-party "hackers" from illegally obtaining this
information.
Where to Direct Questions about About a Baby.com,
LLC Privacy Policy. If you have any questions about this Privacy
Policy or the practices described herein, you may contact:
Customer Service
About a Baby.com, LLC
admin@AboutaBaby.com
Revisions to This Policy. About a Baby.com, LLC reserves
the right to revise, amend, or modify this policy, our Agreement and our
other policies and agreements at any time and in any manner. |
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