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Terms of use The BabyPost.com Website ("Website") owned and operated by BabyPost.com ("BabyPost.com"), consisting of company information, services and proprietary content, links, search capabilities and other Internet resources provided by BabyPost.com, affiliates of BabyPost.com and third parties. The terms, conditions and notices below ("Terms of Use") govern your use of this Website. Your use of this Website constitutes your agreement to these Terms of Use. If you do not agree with these Terms of Use, please do not use this Website. BabyPost.com reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. These Terms of Use were last updated January 13, 2005. Please check this page periodically for any modifications. Copyright, Patent, and Trademark NoticeAll contents in this Website, including, without limitation, Website layout, functionalities, design, text, images, graphics, documents, data files, video and audio content ("Contents") are the property of BabyPost.com, its affiliated companies or licensors and are protected by international copyright, patent, and trademark laws. You may not publish, copy, display, distribute, transmit, perform, modify, create derivative works from, or sell any Contents, information, products, or services obtained from this Website, except as otherwise expressly permitted under applicable law and as described in these Terms of Use. BabyPost.com retains all right, title, and interest to the Contents. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on this Website without express written consent from the respective trademark owners. Use of and Downloading ContentsBabyPost.com grants you permission to print or download Contents on the Website so long as the Contents (i) is solely for informational use or for permitted commercial uses in support of the BabyPost.com' products, services, or business interests and is not modified or revised in any manner; (ii) plainly displays all copyright, trademark, trade name, service mark, or any other proprietary notices or legends, in the same form and manner as on the original; and (iii) displays a statement that the Contents are used solely with permission of the BabyPost.com. You may not engage in systematic retrieval of data or other Contents from this Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from BabyPost.com. Nor may you mirror on your own website the home page or results pages of this Website. Use of the Contents on this Website for any purpose not expressly permitted in these Terms of Use is prohibited. If you (or a legal entity you control) own and operate a Website or engage in other Internet activity, such as electronic commerce, communication, publishing and transmission, and want to download, post, publish, or use Contents for any such Website or Internet activity, you will need permission from BabyPost.com, even though your Website or Internet activity is free of charge. Privacy PolicyCertain personal information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at http://www.babypost.com/privacy.html. Third-Party WebsitesThis Website provides links to other Websites or resources for your convenience. BabyPost.com has selected these resources as having some value and pertinence, but their development and maintenance are not under the direction of BabyPost.com. Thus, the content, accuracy, and suitability of information contained therein, opinions expressed therein, and other links provided by these resources are neither monitored nor reviewed by BabyPost.com. You acknowledge and agree that BabyPost.com is not responsible for the availability of such external Websites or resources, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources and shall not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, product, or materials. You access, use, and rely upon such content, products, or materials at your own risk. Linking to the WebsiteAny party seeking to publish any link to this Website on another Website should notify BabyPost.com in advance of any such link. Any linking to the Website shall be at your own risk and expense and shall not be construed as an endorsement by or implication of any affiliation with BabyPost.com, unless BabyPost.com authorizes such linking in advance. BabyPost.com reserves the right to object to or have removed any link that is determined by BabyPost.com in its sole judgment to be inappropriate, inconsistent with the Website's image and reputation, or otherwise creates an undue burden on the Website or on BabyPost.com. Co-branding and FramingYou may not, nor may you authorize any other person to, (i) co-brand the Website or portion thereof (whereby you display a name, logo, trademark, or other means of identification of any party in such a manner that gives a user the impression that such other party has the right to display, publish, or distribute the Website or Material accessible with the Website), or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another Website). BabyPost.com' consent must be obtained in before framing, co-branding, or other activity impacting the access to or the use of this Website. Failure to obtain such consent may result in an infringement claim or other legal action being brought. You agree to cooperate with BabyPost.com in causing any unauthorized framing, co-branding, or other activity impacting the access to or the use of our Website to immediately cease. Disclaimer of WarrantyTHE WEBSITE AND ALL INFORMATION AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" AND BABYPOST.COM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither BabyPost.com, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation (i) that defects will be corrected; (ii) that the Website and the server it resides in, is free of viruses, worms, Trojan Horses, or other harmful components and/or code that manifest contaminating or destructive properties; and (iii) to the accuracy, reliability, availability, suitability, quality, or operation of the Website and any information, or service provided on or accessible from the Website. In addition, BabyPost.com does not assume any responsibility or risk for your use of the Internet. Limitation of LiabilityIN NO EVENT SHALL BABYPOST.COM, ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, AND LICENSORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OR REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE, OR NONPERFORMANCE OF THIS WEBSITE, EVEN IF BABYPOST.COM WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. IndemnificationYou agree to indemnify and hold BabyPost.com, its directors, officers, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your violation of these Terms of Use, including without limitation, any use of Contents other than as expressly authorized by these Terms of Use. Governing LawThese Terms of Use are governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. CopyrightsAll contents of this Website are ©2000-2005 BabyPost.com or its licensors. All rights reserved. |
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