Terms of ServiceDeliciousBaby Terms of Service
The effective date of this Agreement is June 3, 2008.
By using the DeliciousBaby Services (as defined below) which are owned and operated by Hiatus Industries. ("DeliciousBaby") and by accessing the DeliciousBaby Site located at http://www.DeliciousBaby.com, and all linked pages owned and operated by DeliciousBaby (the "DeliciousBaby Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service").DeliciousBaby's on-line services which are available at the DeliciousBaby Site will, among other things, help you find businesses/services you are looking for by allowing you to get reviews from our editors and from other DeliciousBaby users, post and share these reviews with DeliciousBaby users, and view third party postings/reviews regarding similar businesses/services ("DeliciousBaby Service"). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the DeliciousBaby Site and DeliciousBaby Services. Please read these Terms of Service carefully. Your access to or use of the DeliciousBaby Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the DeliciousBaby Service.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of DeliciousBaby or use the DeliciousBaby Site and DeliciousBaby Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the DeliciousBaby Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the DeliciousBaby Service is void where prohibited by applicable law, and the right to access the DeliciousBaby Site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act(COPPA). By using the DeliciousBaby Site and/or DeliciousBaby Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The DeliciousBaby website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.
Changes to the Agreement or the DeliciousBaby Services.
You agree and understand that these Terms of Service, the DeliciousBaby Site and the DeliciousBaby Services may be modified by DeliciousBaby at any time without prior notice, and such modifications will be effective upon DeliciousBaby's posting of the new terms and/or upon implementation of the new changes on the DeliciousBaby Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the DeliciousBaby Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by DeliciousBaby, any new features, new services, enhancements or modifications to the DeliciousBaby Service implemented after your initial access to the Service shall be subject to these Terms of Service.
Registration and Security.
In order to use or access some of the DeliciousBaby Services, you may be required to register with DeliciousBaby and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide DeliciousBaby with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. DeliciousBaby reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the DeliciousBaby Service shall be for your personal use only. You agree to (a) immediately notify DeliciousBaby of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
- Use of the Site/Services by Members.
Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the DeliciousBaby Site to solicit reviews and information from, and share reviews and information with other DeliciousBaby users; search the DeliciousBaby database for reviews and business contact information; forward reviews to people you know, whether or not they are existing DeliciousBaby users; invite people you know to join DeliciousBaby; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the DeliciousBaby Service ("Content"), and other items displayed on the DeliciousBaby Site, for your own use. You may not copy or distribute any portion of the DeliciousBaby Site and/or DeliciousBaby Service for any purpose not authorized above without the express written permission of DeliciousBaby. DeliciousBaby does not control the Content posted by third parties via the DeliciousBaby Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the DeliciousBaby Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DeliciousBaby be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the DeliciousBaby Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
- Restrictions on Rights to Use.
You agree that you shall not (and you agree not to allow any third party to):
- modify, adapt, translate, or reverse engineer any portion of the DeliciousBaby Site and/or DeliciousBaby Service;
- remove any copyright, trademark or other proprietary rights notices contained in or on the DeliciousBaby Site and/or DeliciousBaby Service or in or on any Content or other material obtained via the DeliciousBaby Site and/or DeliciousBaby Service;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the DeliciousBaby Site and/or DeliciousBaby Service;
- access, retrieve or index any portion of the DeliciousBaby Site and/or DeliciousBaby Service for purposes of constructing or populating a searchable database of business reviews;
- collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other DeliciousBaby users or members;
- reformat or frame any portion of the web pages that are part of the DeliciousBaby Site and/or DeliciousBaby Service;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as "spam" to other users or members of the DeliciousBaby Site and/or DeliciousBaby Service or otherwise interfere with other user's or member's enjoyment of the DeliciousBaby Site and/or DeliciousBaby Service;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use of the DeliciousBaby Site or DeliciousBaby Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any Content offered on the DeliciousBaby Site for other than your own use;
- use any device, software or routine that interferes with the proper working of the DeliciousBaby Site and/or DeliciousBaby Service, or otherwise attempt to interfere with the proper working of the DeliciousBaby Site and/or DeliciousBaby Service;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- use the DeliciousBaby Site and/ or DeliciousBaby Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
- Content Posted By You on the DeliciousBaby Site.
- You are solely responsible for any Content and other material that you submit, publish or display on the DeliciousBaby Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by DeliciousBaby.
- You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
- You understand and agree that DeliciousBaby may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) or other Posted Content that in the sole judgment of DeliciousBaby violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the DeliciousBaby Site and/or other website users, or which is not related to family travel or deemed useful to DeliciousBaby readers.
- You are solely responsible for your ratings and reviews of businesses listed on DeliciousBaby. DeliciousBaby reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
- You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information. DeliciousBaby reserves the right, but has no obligation, to correct errors in Posted Content or make other modifications deemed necessary to maintain a quality website.
- By posting Posted Content on the DeliciousBaby Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, DeliciousBaby, its contractors, and the users of the DeliciousBaby Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that DeliciousBaby shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other DeliciousBaby users for purposes of constructing or populating a searchable database of business reviews and travel information.
The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the DeliciousBaby Site. DeliciousBaby reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the DeliciousBaby Service and terminating the membership of such violators or blocking your use of the DeliciousBaby Service and/or DeliciousBaby Site. You may not post Content that:
· is false or intentionally misleading;
· is patently offensive to users of the DeliciousBaby Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
· harasses or advocates harassment of another person;
· involves the transmission of unsolicited mass mailing or "spamming";
· violates the intellectual property or other rights of any person;
· promotes illegal activities or conduct that is abusive;
· is threatening, obscene, defamatory or libelous;
· is pornographic or sexually explicit in nature; and
· seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the DeliciousBaby Service, such activity is solely between you and the applicable third party. DeliciousBaby shall have no liability, obligation or responsibility for any such activity. You hereby release DeliciousBaby from all claims arising from such activity.
These Terms of Service will remain in full force and effect while you use the DeliciousBaby Site and/or DeliciousBaby Services. Either Party may terminate these Terms of Service for any reason, at any time. Sections 8, 9, 10, 11, 12, 13 and 14 shall survive any termination or expiration of these Terms of Service.
The DeliciousBaby Site and DeliciousBaby Service (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the DeliciousBaby Site and DeliciousBaby Service are also copyrighted works. Except for the Content submitted by members or users, the DeliciousBaby Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by DeliciousBaby or its licensors. You acknowledge that the DeliciousBaby Service and any underlying technology or software used in connection with the DeliciousBaby Service contain DeliciousBaby's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the DeliciousBaby Site, or DeliciousBaby Services in whole or in part except as expressly provided in DeliciousBaby's policies and procedures made available via the DeliciousBaby Service. Except as expressly and unambiguously provided herein, DeliciousBaby and its suppliers do not grant you any express or implied rights, and all rights in the DeliciousBaby Service not expressly granted by DeliciousBaby to you are retained by DeliciousBaby.
- Disclaimer. THE DELICIOUSBABY SITE IS PROVIDED BY DELICIOUSBABY ON AN "AS IS" BASIS. DELICIOUSBABY AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE DELICIOUSBABY SITE, DELICIOUSBABY SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE DELICIOUSBABY SITE OR IN ASSOCIATION WITH THE DELICIOUSBABY SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DELICIOUSBABY AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DELICIOUSBABY AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE DELICIOUSBABY SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DELICIOUSBABY IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE DELICIOUSBABY SITE. DeliciousBaby does not warrant or covenant that the DeliciousBaby Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the DeliciousBaby Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the DeliciousBaby Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM DELICIOUSBABY, THE DELICIOUSBABY SITE OR THROUGH OR FROM THE DELICIOUSBABY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Limitation on Liability.
DeliciousBaby shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DeliciousBaby's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, DELICIOUSBABY AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DELICIOUSBABY'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO DELICIOUSBABY FOR THE DELICIOUSBABY SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold DeliciousBaby, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the DeliciousBaby Site, (ii) your use of the DeliciousBaby Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
- Contact and Violations.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to legal@DeliciousBaby.com.
DeliciousBaby is a proprietary service mark of Hiatus Industries