BINDING AGREEMENT. These Terms of Use act as a binding agreement (“Agreement) between you and BabyAndProducts.com (“us”, “we”, “our”). By accessing this website (the “Site”), you acknowledge constructive notice of these Terms of Use and your agreement to be bound by the language herein. You further declare you are 18 or older.
1. INTENDED USE – NORTH AMERICA
The Site is intended for use by individuals located in North America. We make no representation or warranty that any of the materials to which you are being given access are available or appropriate for use in other jurisdictions. We do not envisage offering goods or services to parties located in the European Union nor do we intend to collect personal data from or monitor such parties.
2. PRIVACY POLICY
We comply with North American laws when it comes to your privacy. To this end, we’ve put together this Privacy Policy detailing what information we collect from you, how we store and secure that data, how the data is used, and who we share the data with online and off.
3. LICENSE
We grant you a non-exclusive, non-sublicensable, non-transferable license and right to use and access the Site. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information provided on the Site without our express consent. You further understand no ownership right in the content on this Site or publications being provided through it is being granted to you.
4. VIOLATIONS
If you materially breach these Terms of Use, we may, in our sole discretion, terminate your access to the Site by blocking your IP address or taking other technical measures. We reserve the right to seek all remedies available by law and in equity for such breaches.
5. COMMUNICATION
If you contact us or sign up to receive messages from us, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
6. USER CONTENT
You grant us a license to use the materials you post to the Site including comments to the blog posts. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of our business, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree we may publish or otherwise disclose your name in connection with your User Content. In posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing or using the Site, you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademarks, and other intellectual property laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
8. INAPPROPRIATE CONTENT
You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content to the Site that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
9. MEDICAL ADVICE DISCLAIMER
All contents of the Site, such as text, graphics, images, and videos, are intended for informational and educational purposes only. The information provided on this Site is not intended to be a replacement or substitute for professional medical advice, diagnosis, or treatment. Always contact your physician or primary healthcare provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately.
10. NO WARRANTIES
WE ARE MAKING THE SITE AVAILABLE TO YOU “AS IS” WITHOUT A WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY
OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR INFORMATION PROVIDED ON THE SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. AFFILIATED SITES
We work with a number of companies whose websites may be linked to within the Site. Because we do not have control over the content and performance of these third-party sites, we make no promises or guarantees about the accuracy, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
13. PROHIBITED USES
We impose certain restrictions on your permissible use of the Site. You agree not to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. You are further prohibited from copying any content on the Site, whether manually or through automated means, without our express permission. Any violation of system or network security may subject you to civil and/or criminal liability.
14. INDEMNITY
You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless us from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
15. COPYRIGHT
All contents of the Site are Copyright 2021 BabyAndProducts.com. All rights reserved.
16. GOVERNING LAW
These Terms shall be construed in accordance with and governed by the laws of DMCC, without reference to rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts in the United Arab Emirates, in all disputes arising out of or related to the use of the Site or these Terms of Use.
17. SEVERABILITY; WAIVER
If, for any reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
19. AMENDMENTS
We reserve the right to amend these Terms and shall do so by posting a notice on the Site. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by opting out of our email list.
20. FUNDING
Baby And Products (www.babyandproducts.com) is funded by the commissions generated by clicks on affiliate links and advertising found within our content. We do not accept donations or payments from brands in exchange for the promotion of their products. This is done in order to maintain the integrity of the information found on our website and avoid any conflicts of interest.
21. SOCIAL MEDIA DISCLAIMER
We reserve the sole right to review and delete any posts, tweets, or uploads third parties make to our social media accounts that we deem inappropriate in our sole discretion including, but not limited to, posts or communications that:
Are spammy;
Contain vulgarity;
Contain hate speech;
Are political in nature;
Promote third party websites or apps;
Promote business services or products;
Promote discrimination against others;
Consist of personal attacks on others; or
Consist of defamatory statements.
22. AFFILIATE DISCLAIMER
If you click on a link found on this site that leads to a 3rd-party website where you can purchase services and goods, we may earn an affiliate commission if you do go on to purchase something. Learn more here.
BabyAndProducts.com is a participant in the Amazon Services LLC Associates Program, Amazon EU Associates Programme, Amazon.com.ca, Inc. Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
