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IMPORTANT!
READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE.
By accessing or using the site,
you agree to be bound by this agreement. The information and services
on this site are provided by Babababies.com (hereafter "we", "our", "Babababies.com",
"Babababies", or "us") and its suppliers, subject to your agreement to
the terms and conditions below. "You", "users", "member" or "your"
means any user of this site for itself and you as parent or guardian
for any minor who accesses the site, for whom you will be held
strictly responsible. Your use of this site indicates that you are
bound by this agreement with us. If you do not want to be bound to
this agreement, do not use this site.
OWNERSHIP - This site, www.babababies.com, is owned, operated
and maintained by Babababies and has been created for your
entertainment. This site and all perceptible components hereof,
including without limitation text, images, video and audio, are
copyrighted by Babababies.
RESTRICTIONS OF USE - This site is available only for your
personal, non-commercial use. You may not copy, reproduce, republish,
post, distribute, transmit or modify in any way all or any part of
this site. Babababies is a family oriented site. Pornographic material
of any kind may not be used. Any such activity will be reported to
your ISP, and if necessary, your local police. Additionally, you may
only post photos that belong to you. Stolen photos will be removed and
reported to the appropriate authorities.
In keeping with the mission of Babababies.com only sites which focus
on Children, Babies and Newborns are permitted. You are NOT allowed to
create a website that include, but not limited to, pets, animals,
vacations, weddings, businesses, clubs, groups, etc. All such sites
will be deleted at the sole discretion of Babababies.com.
DOMAIN NAMES - You may NOT forward any Domain Name, Web
Address, URL, etc. to any website you create on Babababies.com or to
any other page on Babababies.com without the express written
permission from Babababies. Domain Name, Web Address, URL, etc. may be
forwarded to your child's website only if purchase from Babababies.com.
TRADEMARK NOTICE - All names, logos and trademarks are the
property of Babababies and you may not use any of such materials for
any purpose without the express written agreement of Babababies.
DISCLOSURE AND USE OF YOUR COMMUNICATIONS - Postings to this
site and electronic mail delivered to Babababies are not confidential
and Babababies shall not be liable for any use or disclosure thereof.
Public access will be unlimited to your page if the password
protection feature is not utilized. Any pages that are fraudulent,
offensive, illegal, obscene, indecent, defamatory, incites racial or
ethnic hatred, violates the rights of others or otherwise violates
this Agreement are subject to deletion at the sole discretion of
Babababies.com without notice to the creator of the website and any
money paid to Babababies for Premium Membership will NOT be refunded.
All communications and other materials (including, without limitation,
unsolicited ideas, suggestions or materials) you send to this site or
to Babababies by electronic submission are, and shall remain, the sole
and exclusive property of Babababies and may be used by Babababies for
any purpose whatsoever, commercial or otherwise, without compensation.
REGISTRATION - In order to create a Babababies member account
you must first complete the registration form. During registration you
will be REQUIRED to give contact information (name and email address).
For the security of the child we use this information to send you a
confirmation and registration number, and to contact members about
scheduled site maintenance and other administrative matters,
including, but not limited to, information about our partners. If a
member has not provided Babababies with a valid, working email address
or does not maintain and provide Babababies with a valid, working
email address for the duration of their membership, Babababies will
not be able to provide these services to the member, and, except
PREMIUM MEMBERS, are subject to deletion at the sole discretion of
Babababies.com without notice to the creator of the website.
USER CONTRIBUTIONS - You should submit only content which
belongs to you and will not violate the property or other rights of
other people or organizations. Babababies.com has no responsibility
for the content of any material posted by users, but Babababies.com,
reserves the right in its sole discretion to (1) edit or delete any
documents, information or other material submitted to or appearing on
this site, and (2) refuse access to the site to any user that violates
this agreement without any refund due to Premium Members.
JURISDICTION - The products referred to in this site are
available in the United States and may not be available in your
country. This site is controlled and operated by Babababies from the
United States and Babababies makes no representation that the
information and materials in this site, including without limitation
the information and other materials promoting the products identified
herein, are appropriate or available for use in other locations. Also,
some software from this site may be subject to export controls imposed
by the United States Government and may not be downloaded or otherwise
exported or re-exported into (or to a national or resident of) any
country to which the U.S. has placed an embargo. If you download or
use the software, you represent and warrant that you are not located
in, or under the control of, or a national of any such country or on
any such list.
USE OF INFORMATION - The information (including without
limitation advice and recommendations) and services on the site are
intended solely as a general educational aid and are neither medical
nor health care advice for any individual problem nor a substitute for
medical or other professional advice and services from a qualified
health care provider familiar with your unique facts. Always seek the
advice of your physician or other qualified health care provider with
any questions you may have regarding a medical condition and prior to
starting any new treatment. Nothing contained in this site is intended
to be used for medical diagnosis or treatment. The information and
services are provided with the understanding that neither Babababies
nor its suppliers or users are engaged in rendering legal, medical,
counseling or other professional services or advice. Your use of the
site is subject to the additional disclaimers and caveats that may
appear throughout the site. Babababies and its agents assume no
responsibility for any consequence relating directly or indirectly to
any action or inaction you take based on the information, services or
other material on this site.
DISCLAIMER OF WARRANTIES - BABABABIES MAKES NO REPRESENTATIONS
OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF
THE CONTENT (TEXT AND IMAGES) OF THIS SITE. TO THE EXTENT PERMISSIBLE
BY LAW, BABABABIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH INFORMATION, SERVICES, AND
MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF
ANY KIND.
LIMITATION OF LIABILITY - Babababies shall not be liable for
damages of any kind, including without limitation special or
consequential damages, arising out of your access to, or inability to
access, this site or your use of, or reliance upon, this site or the
content hereof. In addition, Babababies has no duty to update this
site or the content hereof and Babababies shall not be liable for any
failure to update such information. WHILE BABABABIES.COM STRIVES TO
KEEP THE INFORMATION ON THIS SITE ACCURATE, COMPLETE, AND UP-TO-DATE,
BABABABIES AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE
RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO THE ACCURACY,
COMPLETENESS OR TIMELINESS OF THE INFORMATION ON OUR SITE. Further,
Babababies is neither responsible nor liable for your use of other web
sites which you may access via certain links within this site. These
links and other "resources" referenced on this site are provided
merely as a public service to users of the World Wide Web and
inclusion in our site does not constitute an endorsement by or
affiliation with Babababies.
Babababies has used what we believe to be reasonable due diligence to
avoid material loss of service or value to you. However, should a loss
of service or value occur for which Babababies is at fault, your sole
remedy will be discontinuation of the Service. You agree that monetary
or other damages of any kind are excluded by this Agreement.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE
PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
INDEMNIFICATION - You agree to indemnify, defend and hold
harmless Babababies, its affiliates and suppliers from any liability,
loss, claim and expense (including attorneys' reasonable fees) related
to (1) your violation of this agreement, and (2) your posting of
material to this site.
OTHER - Babababies, in its sole discretion, reserves the right
to (1) change this Legal Statement, (2) monitor and remove postings
and web sites for any reason and without notice, and without refund of
money to Premium Members, (3) discontinue site availability at any
time without notice for any reason without refund of money to Premium
Members, and (4) limit Premium Members to 1000 photos uploaded to the
site at any one time. If any term, condition, or provision of this
Legal Statement is determined to be unlawful, invalid, void, or for
any reason unenforceable, the validity and enforceability of the
remaining terms, conditions and provisions shall not in any way be
affected or impaired thereby. This Legal Statement constitutes the
entire agreement between you and Babababies relating to the subject
matter herein.
This agreement and the resolution of any dispute related to this
Agreement or the site shall be governed by and construed in accordance
with the laws of New Jersey, without giving effect to any principles
of conflicts of law. Babababies' failure to insist upon strict
enforcement of any provision of this agreement shall not be construed
as a waiver of any provision or right. Any legal action or proceeding
between Babababies and you related to this agreement shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in New Jersey, County of Camden.
By using this site, you are acknowledging your consent to these terms
and conditions. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS
WEB SITE/SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
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