|
Welcome to BabyBlossoms.com. BabyBlossoms.com and its affiliates provide their
services to you subject to the following conditions. If you visit or shop at
BabyBlossoms.com, you accept these conditions. Please read them carefully. In
addition, when you use any current or future BabyBlossoms.com service or visit or purchase from
any business affiliated with BabyBlossoms.com, whether or not included in the
BabyBlossoms.com Web site, you also will be subject to the guidelines and conditions
applicable to such service or business. PRIVACY Please review our Privacy
Notice, which also governs your visit to BabyBlossoms.com, to understand our
practices. ELECTRONIC COMMUNICATIONS When you visit BabyBlossoms.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on
this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. COPYRIGHT All content included on this site, such as text, graphics, logos,
button icons, images, data compilations, and
software, is the property of BabyBlossoms.com or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on this site is the exclusive property of BabyBlossoms.com and protected by
U.S. and international copyright laws. All software used on this site is the
property of BabyBlossoms.com or its software suppliers and protected by United States
and international copyright laws. TRADEMARKS BABYBLOSSOMS.COM and other marks indicated on our
site are registered trademarks of BabyBlossoms.com, LLC., in the
United States and other countries. BabyBlossoms.com graphics, logos, page headers, button icons, scripts, and service
names are trademarks or trade dress of BabyBlossoms.com, LLC.
BabyBlossoms.com's trademarks and trade dress may not be used in connection with any
product or service that is not BabyBlossoms.com's, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
BabyBlossoms.com. All other trademarks not owned by BabyBlossoms.com or its subsidiaries
that appear on this site are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by BabyBlossoms.com or its
subsidiaries. PATENTS None. LICENSE AND SITE ACCESS
BabyBlossoms.com grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of BabyBlossoms.com. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of BabyBlossoms.com. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of BabyBlossoms.com
without express written consent. You may not use any meta tags
or any other "hidden text" utilizing BabyBlossoms.com's name or trademarks without
the express written consent of BabyBlossoms.com. Any unauthorized use terminates the
permission or license granted by BabyBlossoms.com. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
BabyBlossoms.com so long as the link does not portray BabyBlossoms.com or
our products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any BabyBlossoms.com logo or other proprietary
graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. BabyBlossoms.com does sell products for children, but
it sells them to adults, who can purchase with a credit card. If you are under
18, you may use BabyBlossoms.com only with involvement of a parent or guardian.
BabyBlossoms.com reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
TESTIMONIALS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post testimonials and other content; send tell a friend email and other communications; and submit suggestions, ideas, comments, questions,
or other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable and
does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of content. BabyBlossoms.com
reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate
otherwise, you grant BabyBlossoms.com and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant BabyBlossoms.com the right to use the name
that you submit in connection with such content, if they choose. You represent
and warrant that you own or otherwise control all of the rights to the content
that you post; that the content is accurate; that use of the content you supply
does not violate this policy and will not cause injury to any person or entity;
and that you will indemnify BabyBlossoms.com for all claims
resulting from content you supply. BabyBlossoms.com has the right but not the
obligation to monitor and edit or remove any activity or content. BabyBlossoms.com
takes no responsibility and assumes no liability for any content posted by you
or any third party. COPYRIGHT COMPLAINTS BabyBlossoms.com and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please send an email to info@babyblossoms.com using the subject Notice and Procedure for Making Claims of Copyright
Infringement. RISK OF LOSS All items purchased from BabyBlossoms.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier. PRODUCT DESCRIPTIONS BabyBlossoms.com attempts to be as accurate as possible.
However, BabyBlossoms.com does not warrant that product descriptions or other content
of this site is accurate, complete, reliable, current, or error-free. If a
product offered by BabyBlossoms.com itself is not as described, your sole remedy is
to return it in unused condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY BABYBLOSSOMS.COM ON AN "AS IS" AND "AS AVAILABLE"
BASIS. BABYBLOSSOMS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BABYBLOSSOMS.COM DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BABYBLOSSOMS.COM
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BABYBLOSSOMS.COM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BABYBLOSSOMS.COM WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES. CERTAIN STATE 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. APPLICABLE LAW
By visiting BabyBlossoms.com, you agree that the laws of the state of
California, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between
you and BabyBlossoms.com.
DISPUTES
Any dispute relating in any way to your visit to BabyBlossoms.com or
to products you purchase through BabyBlossoms.com shall be submitted to
confidential arbitration in San Francisco, California, except that, to
the extent you have in any manner violated or threatened to violate BabyBlossoms.com's
intellectual property rights, BabyBlossoms.com may seek injunctive or
other appropriate relief in any state or federal court in the state of
California, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our
Pricing policy, posted on this
site. These policies also govern your visit to BabyBlossoms.com. We reserve the right
to make changes to our site, policies, and these Conditions of Use at any time.
If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition. OUR ADDRESS - BabyBlossoms.com, LLC
- P.O. Box 210326
- San Francisco, CA 94121 USA
- http://www.babyblossoms.com
Notice and Procedure for Making Claims of Copyright
Infringement
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide BabyBlossoms.com's copyright agent the written
information specified below. Please note that this procedure is exclusively
for notifying BabyBlossoms.com that your copyrighted material has been
infringed.
- An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim
has been infringed upon;
- A description of where the material that you claim is
infringing is located on the site, including the auction ID number, if
applicable;
- Your address, telephone number, and e-mail address;
- 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;
- 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.
BabyBlossoms.com's Copyright Agent for notice of claims of copyright
infringement on its site is Stacie Jacobs, who can be reached as follows:
- Stacie Jacobs
- BabyBlossoms.com
- P.O. Box 210326
- San Francisco, CA 94121
- phone: (415) 831-3525
- e-mail: info@babyblossoms.com
|