Terms of Service

Please read these Terms of Use (“Terms”) carefully. They contain the legal terms and conditions that govern your use of services provided to you by Where to Baby, including information, text, images, graphics, data or other materials (“Content”) and products and services provided through www.wheretobaby.com (the “Service”). This Service is operated by Where to Baby (“Where to Baby”). Where to Baby is also referred to in these Terms as “we”, “our”, and “us”.

By using our Service, you agree to be bound by Section I of these Terms (“General Terms”), which contains provisions applicable to all users of our Service, including visitors to the Where to Baby website (the “Site”). If you choose to register as a member of our Service you must agree to our terms or use.

You acknowledge and agree that, by accessing or using the site or the services or by downloading or posting any content from or on the site or through the services, you are indicating that you have read, understand and agree to be bound by these terms, whether or not you have registered with the site. If you do not agree to these terms, then you have no right to access or use the site, services or content. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Section I: General Terms

1. Availability

This Service is provided by Where to Baby on an “AS IS” and “AS AVAILABLE” basis and Where to Baby reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Where to Baby is and will not be liable to you for any modification, suspension or discontinuation of the Service.

2. Privacy

Where to Baby has a firm commitment to safeguarding your privacy. Please review Where to Baby’s Privacy Policy. The terms of Where to Baby’s privacy policy are incorporated into, and form a part of, these Terms.

3. Trademarks

All brand, product and service names used in this Service which identify Where to Baby or third parties and their products and services are proprietary marks of Where to Baby and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Where to Baby or any third party with respect to any such image, logo or name.

4. Copyright

Where to Baby is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content without the express, written consent of Where to Baby. However, Where to Baby does not claim ownership rights in your works or other materials posted by you to Where to Baby (Your Content).

5. Reporting Copyright Violations

Where to Baby respects the intellectual property rights of others and expects users of the Service to do the same. Where to Baby’s discretion and in appropriate circumstances, Where to Baby may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work has been violated through this Service, please contact Where to Baby’s agent for notice of claims of copyright infringement. You must provide our agent with the following information, which Where to Baby may then forward to the alleged infringer:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have 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.

  3. 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 information reasonably sufficient to permit the service provider to locate the material.

  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. External Links

Where to Baby may provide links to third-party websites or resources. You acknowledge and agree that Where to Baby is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Where to Baby of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Where to Baby that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You agree to defend, indemnify, and hold harmless Where to Baby, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

8. Disclaimer of Warranty and Limitation of Liability

Where to Baby MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Where to Baby DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Where to Baby MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT Where to Baby IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, Where to Baby SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF Where to Baby HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Where to Baby’s AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO Where to Baby PURSUANT TO THIS AGREEMENT.

9. Amendment of the Terms

We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall try to notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Where to Baby for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

10. General

These Terms constitute the entire agreement between Where to Baby and you with respect to your use of the Service. Where to Baby’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Where to Baby shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Where to Baby. These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.

Section II: Additional Terms

11. Copyright in Your Content

Where to Baby does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Where to Baby a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, you allow third parties to copy, distribute and display your Content.

12. Monitoring Content

Where to Baby has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.

13. Conduct

You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

You agree not to use the Service:

  1. for any unlawful purposes;

  2. to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;

  3. to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist’s right of any third party including, but not limited to, Indie Fashion House;

  4. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;

  5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

  6. to upload, post, or otherwise transmit any material which is likely to cause harm to Indie Fashion House or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

  7. for any commercial purpose, except as expressly permitted under these Terms.

14. Suspension and Termination of Access and Membership

You agree that Where to Baby may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Where to Baby Site, in Where to Baby’s sole discretion, if you fail to comply with the Terms or applicable law.