Last Modified: July 2017
The Baby Lady LLC and its affiliates and subsidiaries (collectively “The Baby Lady”) welcome you to the website accessible at www.itsthebabylady.com and The Baby Lady’s various brand websites, including any mobile versions thereof or related mobile applications (collectively, the “The Baby Lady Sites”).
Certain features or services offered on The Baby Lady Sites may be subject to separate guidelines, terms and conditions which may be posted by The Baby Lady from time to time (“Additional Terms”). All Additional Terms are hereby incorporated by reference into these Terms. In most cases the Additional Terms are specific to a particular feature of a The Baby Lady Site or a service or offering provided on a The Baby Lady Site, but to the extent of any inconsistency between these Terms and any Additional Terms, these Terms will prevail.
License & site access
All content included on The Baby Lady Sites (including but not limited to, text, design, graphics, logos, button icons, images, sounds, audio clips, digital downloads, data compilations and software, as well as the selection and arrangement thereof) (collectively, “The Baby Lady Content”), is the exclusive property of The Baby Lady, its licensors or its content suppliers and is protected by United States and/or foreign copyright, trademark and other applicable laws.
The Baby Lady grants you a limited, revocable and non-exclusive license to access and make personal and non-commercial use of The Baby Lady Sites, subject to the terms of these Terms. The Baby Lady strictly prohibits all other uses of The Baby Lady Sites and The Baby Lady Content, including but not limited to:
• any downloading, copying, modifying or other use of The Baby Lady Sites or The Baby Lady Content for any purposes competitive to The Baby Lady or for the benefit of another vendor or any third party;• framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);• any collection and use of any product listings, descriptions, or prices;• any use of any meta tags or any other “hidden text” utilizing The Baby Lady’s name or trademarks;• any use of data mining, robots, or similar data gathering and extraction tools.• any caching or linking to a The Baby Lady Site, including in a manner that portrays The Baby Lady or its products or services in a false, misleading, derogatory, offensive or any other manner which The Baby Lady in its sole discretion, may find to be objectionable; and• any uploading, posting or transmitting of 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.
You are responsible for obtaining access to The Baby Lady Sites, and any third-party fees (such as Internet service provider or airtime charges). You must provide and are responsible for all equipment necessary to access The Baby Lady Sites. You may not bypass any measures that have been implemented to prevent or restrict access to The Baby Lady Sites. Any unauthorized access to The Baby Lady Sites by you shall terminate the permission or license granted to you by The Baby Lady.
The Baby Lady may terminate the foregoing licenses at any time for any reason or no reason, with or without notice, including for any unauthorized use. Except for the rights and licenses expressly granted, The Baby Lady reserves all other rights and no other rights are granted by implication or otherwise.
Content you submit
Visitors may post reviews, comments, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information or materials (collectively, “User Content”) on or through The Baby Lady Sites, provided that the User Content:
• is not confidential and proprietary (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)• does not violate or infringe any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any third party and is not illegal, obscene, threatening, defamatory, objectionable, or otherwise injurious to any third party;• does not contain software viruses or malware;• does not consist of political campaigning, chain letters, mass mailings, or any form of “Spam”.• does not contain advertisements or solicitations of any kind, or other commercial content;• is not designed to impersonate any person or entity and does not use a false e-mail address, impersonate any person or entity, or otherwise misleading as to the source;• does not contain messages by non-spokesperson employees of The Baby Lady or any of its brands purporting to speak on behalf of The Baby Lady or containing confidential information or expressing opinions concerning The Baby Lady and its brands;• does not offer unauthorized downloads of any copyrighted, confidential or private information; and• does not contain personal information (such as messages that include phone numbers, government identifiers, payment card information, account numbers, addresses or employer references), unless The Baby Lady expressly asks you to provide such information.
The Baby Lady is not obligated to, but reserves the right, to monitor, remove or edit User Content in its sole discretion.
If you do post any User Content, you grant The Baby Lady a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, broadcast, and display such User Content throughout the world in any media. You grant The Baby Lady and its sublicensees the right to use throughout the world the name that you submit in connection with your User Content, if we or they so choose. You represent and warrant: that you own or otherwise control all of the rights to your User Content that you post;; that use of your User Content does not violate these Terms nor infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; that your User Content does not violate any applicable laws or regulations and will not cause injury to any person or entity; and that you will indemnify The Baby Lady, including licensors against all claims, including an attorneys’ fees relating to that defence thereof, resulting from your User Content. To the full extent permissible by applicable law, The Baby Lady takes no responsibility and assumes no liability for any User Content posted by you or any third party on or through a The Baby Lady Site.
Certain The Baby Lady Sites may allow you to create a user account (“Account”). You may only create an Account if you are over thirteen (13) years of age, and provide accurate registration information as required by the applicable The Baby Lady Site. You are responsible for maintaining the confidentiality of your Account username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your Account and to provide only current, complete, accurate and truthful information. You agree to immediately notify The Baby Lady of any unauthorised use of your password or Account and any other breach of security. The Baby Lady cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
We reserve the right to refuse service and/or suspend or terminate Accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in The Baby Lady’s best interests to do so.
Accuracy & availability of products
The Baby Lady attempts to be accurate at all times when describing our products on a The Baby Lady Site. However, The Baby Lady does not warrant that descriptions and any other content or information accessible on The Baby Lady Sites are accurate, complete, reliable, current or error-free.
Reference to any product or service on a The Baby Lady Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available directly by The Baby Lady to customers, available in all countries, or that the name, description or specification of the product or service will be the same as that included on The Baby Lady Site. Specific advice concerning the availability and suitability of any particular product or service should be sought from the local The Baby Lady affiliate or distributor concerned.
Third party content
The Baby Lady makes its best efforts to minimize the disruptions on The Baby Lady Sites. However, The Baby Lady does not warrant that The Baby Lady Sites will be error-free and that our services will not be interrupted or otherwise affected by any problems or bugs. The Baby Lady does not assume any responsibility or liability for such problems or bugs.
Disclaimers and limitation of liability
The Baby Lady SITES ARE PROVIDED BY The Baby Lady ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. The Baby Lady MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF HE BABY LADY SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON The Baby Lady SITES.
YOU EXPRESSLY AGREE THAT YOUR USE OF HE BABY LADY SITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, The Baby Lady DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Baby Lady DOES NOT WARRANT THAT The Baby Lady SITES, THEIR SERVERS, OR E-MAILS SENT FROM The Baby Lady OR ON THE BABY LADY’S BEHALF BY ITS SERVICE PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Baby Lady WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF The Baby Lady SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You will indemnify and hold harmless The Baby Lady LLC, its parent, subsidiaries and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the “The Baby Lady Parties”) from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by The Baby Lady Parties, and shall defend The Baby Lady Parties against any and all claims arising out of (1) your breach of these Terms; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable U.S. of foreign law or the rights of a third party. The applicable The Baby Lady Party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such The Baby Lady Party.
Changes to The Baby Lady sites
The Baby Lady may terminate these Terms and deny you access to one or more of The Baby Lady Sites (or any part thereof) at any time, immediately and without notice, if in The Baby Lady’s sole discretion you fail to comply with any term or condition of these Terms.
The Baby Lady also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Baby Lady Sites (or any part thereof) with or without notice. You agree that The Baby Lady shall not be liable to you or to any third party for any termination of access or for any modification, suspension or discontinuance of The Baby Lady Sites.
The trademarks, tradenames, service names, logos, marks of indicia or other proprietary graphics displayed on The Baby Lady Sites (collectively, “Marks”) are the property of The Baby Lady or its licensors, content providers or other parties under applicable trademark laws of the United States and other countries. All other trademarks not owned by The Baby Lady or its subsidiaries that appear on The Baby Lady Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Baby Lady or its subsidiaries.
You are prohibited from using or displaying any of Marks appearing on any The Baby Lady Site in any manner including, but not limited to use as meta tags on other pages or sites without the written permission of The Baby Lady or such third party which may own the applicable Mark.
Claims of copyright infringement
It is The Baby Lady’s policy to respond to claims of copyright infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), notifications of claimed copyright infringement by third parties should be sent to The Baby Lady’s Copyright Agent. If you believe that your copyrighted work is being used on a The Baby Lady Site in a way that constitutes copyright infringement, please notify our Copyright Agent in writing with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to The Baby Lady’s Agent that includes the following:(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;(b) a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;(c ) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the applicable The Baby Lady Site;(d) your address, telephone number, and, if available, email address;(e) a 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(f) 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 the copyright owner’s behalf.
Please be advised that you may be held liable for damages based on certain material misrepresentations contained in a DMCA infringement notice.
The Baby Lady’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
by email: firstname.lastname@example.org
by mail: The Baby Lady LLC, 2624 Redcoat Drive APT 1D, Alexandria VA 22303.
You acknowledge that any purchased goods licensed or sold on The Baby Lady Sites may be subject to the customs and export control laws and regulations of the United States and the customs and export laws and regulations of the country in which the products are otherwise sold, manufactured and/or received, as applicable. By purchasing, downloading or using technology or software from The Baby Lady Sites, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
To the fullest extent permitted by law, use of The Baby Lady Sites, and any dispute of any sort that might arise between you and The Baby Lady, shall be governed by all applicable federal laws of the United States and the laws of the State of Virginia, without giving effect to its conflict of laws provision. To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of The Baby Lady Sites shall be instituted in a state or federal court sitting in Alexandria, Virginia.
The failure of The Baby Lady to act with respect to a breach of these Terms by you or others does not waive The Baby Lady’s right to act with respect to subsequent or similar breaches. If any content on The Baby Lady Sites, or your use of The Baby Lady Sites, is contrary to the laws of the place where you reside when you access The Baby Lady Sites, The Baby Lady Sites are not intended for you, and we ask you not to use The Baby Lady Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of The Baby Lady, which may be withheld at The Baby Lady’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void. The Baby Lady may assign these Terms, in whole or in part, to any third party in its sole discretion.
Updates to these terms
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
If you have any questions or comments regarding these Terms, or sending us an email or send a letter to: The Baby Lady LLC, 2624 Redcoat Drive APT 1D, Alexandria Virginia 22303.