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Terms of Use

Terms and Conditions of Use


"BabyGiftsAuthority” refers to the information and service(s) provided subject to these Terms and Conditions of Use (“Terms”) and/or its parent company, Baby Gifts Authority. BabyGiftsAuthority is dedicated to providing Users with a unique combination of products, product reviews, referral services, e-commerce links and User Feedback. BabyGiftsAuthority is focused on creating a niche shopping portal that enables those who participate to research thousands of gifts for the babies.


The following words used in these Terms shall have the following meanings:


1. "Personal Information" shall mean all data and/or information provided by and about User, including e-mail address(es) used for our Newsletter signup or website contests or special promotions;

2. "BabyGiftsAuthority web site" shall mean all websites on which Baby Gifts Authority provides information about products and/or services.

3. "BabyGiftsAuthority User" shall mean all Users of www.BabyGiftsAuthority.com.

4. "BabyGiftsAuthority Products and Services" shall mean all products, information and/or services provided by BabyGiftsAuthority.

5. “3rd–Parties” include all advertisers, partners and affiliate vendors that are included on the BabyGiftsAuthority website.

I. General


A. By visiting or logging in as a User of BabyGiftsAuthority, you fully accept these Terms.


B. BabyGiftsAuthority may operate, either now or in the future, sub-domains and aliases of these domains, in order to provide additional new and exciting services. All websites on which BabyGiftsAuthority provides products, information and/or services are hereinafter referred to as the “Baby Gifts Authority website.”


C. These Terms shall govern the contract relationship between User and BabyGiftsAuthority, irrespective of which BabyGiftsAuthority website you are registered with or logged into, either now formed or created in the future.


D. User understands and agrees to enter into these Terms on the use of the BabyGiftsAuthority websites with Baby Gifts Authority.


E. User can access these Terms, by clicking on the “Terms of Use” link that appears on the BabyGiftsAuthority website “Home” page, and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.


II. S
ervices Provided


A. The Baby Gifts Authority website provides several types of services. These services include providing links to online stores that sell gifts that are geared for the babies in your life. Other services will include, from time to time, discounts from participating vendors, as well as User Feedback on products and online stores ("Services").

 


B. BabyGiftsAuthority may, from time to time, offer other services, including, but not limited to, Blogs and Feedback Forums, message boards, contests, newsletters, and other offerings. Registration may be required for certain product or service offerings.


C. Any use of the services, information and content offered on the BabyGiftsAuthority website beyond the scope of options provided by BabyGiftsAuthority requires our prior written consent.


D. BabyGiftsAuthority shall make certain data and/or information provided by the User in the Feedback Forums, message boards or newsletter contributions, available for other Users, provided that this data and/or information doesn’t violate any laws or these Terms. BabyGiftsAuthority, in its sole discretion, is entitled to remove any illegal or prohibited data and/or information from the BabyGiftsAuthority website without prior notice to User.


E. User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the BabyGiftsAuthority, or any other, website. BabyGiftsAuthority shall nonetheless endeavor to keep our website available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond BabyGiftsAuthority's control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the services provided.


F. BabyGiftsAuthority provides the User with a platform on which to research and locate products for babies from online stores.


G. Regarding website-posted content and communication, BabyGiftsAuthority does not take part in any communication between Users. If Users enter into 3rd-party agreements with other Users or linked online stores, advertisers or affiliates through use of the BabyGiftsAuthority website, it is understood and agreed by Users that BabyGiftsAuthority shall not be a contracting party, mediator or negotiator to these agreements. Users alone are responsible for the execution and/or fulfillment of any 3rd-party agreements in which they enter with others. BabyGiftsAuthority shall not be held liable if Users are unable to contact one another, linked online stores, advertisers or affiliates over the BabyGiftsAuthority website regarding such 3rd-party agreements. Furthermore, BabyGiftsAuthority shall not be liable for breaches of duty in relation to 3rd-party agreements entered into between Users, linked online stores, advertisers or affiliates or other 3rd-parties.


H. In the event that Users have a disagreement with BabyGiftsAuthority advertisers, partners or third-party vendors or other affiliates, BabyGiftsAuthority may, but is not obligated to, act as intermediary in those cases and shall not be liable for any breach of such agreements entered into by Users.


I. Any offers or agreements between BabyGiftsAuthority Users and BabyGiftsAuthority linked online stores, advertisers, affiliates, partners or 3rd-party vendors, will be governed by such linked online stores’, advertisers’, partners’, 3rd-party vendors’ or affiliates’ respective Terms and Conditions of Use and the Privacy Policy of their respective companies that carry out the complete transaction themselves and are a party to an agreement with, and serve as the contact for, the BabyGiftsAuthority User with whom they serve.


III. Registration, Representations and Warranties Upon Registration


A. Users who wish to participate in Feedback Forums, or receive Newsletters, must provide their Name and e-mail address prior to use of those services on the BabyGiftsAuthority website.


B. User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to BabyGiftsAuthority immediately upon such changes.


C. User shall not use pseudonyms or fictitious names in their registration or profile, except as may be specifically allowed by these Terms.


D. User shall not be allowed to have multiple registrations. If Baby Gifts Authority finds that a User has established more than one registration, such User’s registration may be suspended or terminated, subject to the sole discretion of BabyGiftsAuthority.


E. User (either ‘registered’ or ‘unregistered’) warrants and represents that he or she is of legal age to use the services of BabyGiftsAuthority, depending upon the definition of that term in the country or jurisdiction where such User resides and these Terms.


F. By completing the registration process, the User agrees with all Terms herein. BabyGiftsAuthority accepts the User’s registration by activating the User’s use of those services User has requested on the BabyGiftsAuthority website. Regardless of the previous statement, these Terms are in effect for both registered and unregistered Users.


G. It is technically impossible for BabyGiftsAuthority to determine with certainty whether any User registered is, in fact, the person he or she represents to be. Therefore, BabyGiftsAuthority assumes no liability for the actual identity of any User. Each User is solely responsible for checking the actual identity of another User and is urged to safeguard their personal information from Users they do not know or if they are asked to provide such information to another User. Aside from the registration process and updates to registration information, Baby Gifts Authority will never ask for personal information from a User.


IV. Obligations of User


A. User agrees to adhere to the following requirements:


1. To provide only true and non-misleading information in the User registration and in communications with other Users and BabyGiftsAuthority and to refrain from using any pseudonyms or fictitious names;

2. To only post photographs or video of the User or products on the BabyGiftsAuthority web site where User can warrant and represent that the public displaying of said photographs or video is not prohibited by copyright or other prohibited use. The User shall not upload any photographs, videos or images of any other person than that of User, unless User has written permission to do so from the subject(s) in the photograph(s) or videos and states who such persons are that are depicted in the photographs and/or videos. The photographs or videos posted by User shall not contain any company logos or trademarks unless User has specific permission and authority from the owners of such logos or trademarks. User may not post photographs or videos that can be considered pornographic or against any law or ordinance in the country or jurisdiction where User resides.

3. To comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User shall not:


a. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or BabyGiftsAuthority personnel or other companies or individuals;

b. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;

c. Unreasonably annoy (particularly with SPAM) any other User;

d. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;

e. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).

f. To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:


i. Sending chain letters;

ii. Sending identical messages to more than one (1) User at the same time;

iii. Performing, posting, advertising and promoting any form of illegal structural distribution measures (such as illegal multi-level marketing or illegal multi-level network marketing); or

iv. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).


4. You may not provide, post or otherwise distribute, User content that:


a. contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;

b. is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;

c. violates any right of Baby Gifts Authority, www.BabyGiftsAuthority.com (website) or any 3rd-party;

d. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;

e. violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;

f. interferes with any User’s uninterrupted use of the BabyGiftsAuthority website;

g. advertises, promotes or offers to trade any goods or services;

h. uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;

i. disrupts, interferes with, or otherwise harms or violates the security of BabyGiftsAuthority, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the BabyGiftsAuthority website;

j. "flames" any individual or entity (e.g., sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.

WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY BABYGIFTSAUTHORITY.


5. User is further prohibited from the following activities:


a. Employing any mechanisms, software or scripts when using the BabyGiftsAuthority website. However, the User may use the interfaces or software provided by BabyGiftsAuthority within the scope of the services available on our website;

b. Blocking, overwriting, modifying and copying of any contents of the BabyGiftsAuthority website, unless said actions are necessary for the proper use of services on the BabyGiftsAuthority website. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited;

c. Distributing or publicly disclosing the contents of the website of BabyGiftsAuthority or any other User, without written permission from us; or

d. Performing any actions which may impair the operability of BabyGiftsAuthority's infrastructure, particularly actions which may overload said infrastructure, servers, bandwidth or other equipment or software.


V. Changes to the Services

BabyGiftsAuthority, in its sole discretion and without prior notice, reserves the right to modify the services offered on our website and/or to offer services different from those offered at the time of the User's first use of our website.


VI. Right To Cancel


A. User may terminate or opt-out of any service for which they have signed up or registered for on our website. User shall deliver notice of termination using the Customer Service email address at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . The termination notice shall include the User’s registered name and email address used at the time of registration or thereafter updated.


B. In the event of a valid termination or opt-out, BabyGiftsAuthority will remove all User information from the BabyGiftsAuthority website and database, and User will be unable to access the services for which he/she opted-out, thereafter.


C. Once a User opts out, they must re-register in order to use those services of the BabyGiftsAuthority website.


D. BabyGiftsAuthority may, without cause and in its sole discretion, terminate the registration of any User under the following circumstances, which are non-inclusive:

1. If User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors; or

2. If the User causes physical, mental or emotional harm to any other User(s); or

3. Any other reason deemed appropriate by BabyGiftsAuthority.


E. In the event of a termination in accordance with this section and notwithstanding BabyGiftsAuthority's right to terminate the contract, BabyGiftsAuthority is entitled to:

1. Delete the content posted by User; or

2. Issue a warning to User; or

3. Block User's access to services on the BabyGiftsAuthority website.


VII. General Disclaimers and Limitations of Liability


A.  While BabyGiftsAuthority uses reasonable efforts to include accurate and up-to-date information, BabyGiftsAuthority specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all BabyGiftsAuthority websites. BabyGiftsAuthority disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. BabyGiftsAuthority disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the BabyGiftsAuthority’s website.


B.  BABYGIFTSAUTHORITY’S WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND/OR SERVICES INCLUDED IN THE BABYGIFTSAUTHORITY WEBSITE ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. BABYGIFTSAUTHORITY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BABY GIFTS AUTHORITY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE BABYGIFTSAUTHORITY WEBSITE. BABYGIFTSAUTHORITY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ITS WEBSITE. BABYGIFTSAUTHORITY DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON ITS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY ITS WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED ON THE BABYGIFTSAUTHORITY WEBSITE.


C. USERS UNDERSTAND AND AGREE THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE BABYGIFTSAUTHORITY WEBSITE AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.


D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 


E. BABYGIFTSAUTHORITY IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, THIRD PARTIES, ACTIONS OF ANY THIRD PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.


F.  UNDER NO CIRCUMSTANCES SHALL BABYGIFTSAUTHORITY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE BABYGIFTSAUTHORITY WEBSITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF BABYGIFTSAUTHORITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE BABYGIFTSAUTHORITY WEBSITE, FROM INABILITY TO USE THE WEBSITE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY 3rd-PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BABYGIFTSAUTHORITY WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BABYGIFTSAUTHORITY WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.


G.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE CHECK WITH YOUR JURISDICTION.


H. BabyGiftsAuthority does not make any warranties or representations regarding any data, content and/or information provided or made available by any User on its website or on any external websites linked to them. In particular, BabyGiftsAuthority does not warrant or represent that said data, content and/or information is true or accurate, or that it fulfills or serves any particular purpose.


I. User may report any activities of any other User which violate applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an email to the Customer Service email address at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .



J.  Without limiting the foregoing, under no circumstances shall BabyGiftsAuthority be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.


VIII. Indemnity

You agree to indemnify, defend and hold harmless BabyGiftsAuthority, its website and each of its respective advertisers, parents, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:

 

1.  User’s use of the BabyGiftsAuthority website;

 

2. BabyGiftsAuthority's use of any User content or information you provide, as long as such use is not inconsistent with these Terms;

 

3. Information, content or material provided through User’s IP address, even if not posted by User; or

 

4. Any violation of these Terms by User.


IX. Data Protection


A.  BabyGiftsAuthority recognizes that any data provided by User to us is extremely important and we shall, therefore, be particularly sensitive in handling such data.

 


B.  Users are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information via the Internet because it is impossible to safeguard completely against unauthorized access by 3rd-parties. Nevertheless, BabyGiftsAuthority shall do what is reasonable to safeguard your data, subject to this cautionary limitation.

 


C.  In particular, personal information will be transmitted via the Internet only if it does not infringe upon 3rd-party rights, unless the respective party has given prior consent in view of such security risks.

 


D. Accordingly, BabyGiftsAuthority shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. PLEASE SEE OUR PRIVACY POLICY, STATED SEPARATELY ON THE BABYGIFTSAUTHORITY WEBSITE.



E. BabyGiftsAuthority opposes the use of available contact information by a 3rd-party for sending unsolicited advertisements (SPAM).


F.  BabyGiftsAuthority reserves the express right to take legal action against unsolicited mailing or emailing of SPAM and other similar unsolicited advertising materials. BabyGiftsAuthority reserves the express right to report all violators to their respective Internet Service Providers (ISP) as well as the appropriate legal authority.


X. Right to Content Use


A. When User posts content or contributions to the BabyGiftsAuthority website, User grants BabyGiftsAuthority a limited, revocable, nonexclusive and non-assignable right of use for the respective content or contribution which BabyGiftsAuthority is entitled to utilize for any purpose allowed by these Terms. In particular, BabyGiftsAuthority is entitled to use said content or contribution posted by User for marketing or in any other way. BabyGiftsAuthority may use User content or contributions in any form, format, or medium of any kind now known or later developed.

Although User grants us a license, as stated above, WE DO NOT OWN USER’S CONTENT. This license grants us certain rights and also proscribes limitations of what we may do and not do with the content, more fully described as follows:

  1. We may not sell or give away User content as permanent downloads or physical copies, alone or in a compilation;
  2. We may not continue exercising the license after User provides us with a request for termination, as described below;
  3. We may not use or license another party to use User content outside of the BabyGiftsAuthority website;
  4. We may let other parties exercise these rights on the BabyGiftsAuthority website, which permits the license to become sublicensed;
  5. We may exercise these rights without paying User any remuneration, royalties or other fees, whatsoever;
  6. We may exercise these rights throughout the BabyGiftsAuthority website(s), worldwide;
  7. User may grant similar licenses to others;
  8. User may terminate the license at any time by following the steps described below:


B.   To request deletion of User content, User must send an e-mail to the following address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it stating your e-mail address(es) associated with the particular content you wish to delete, along with the words "Delete User Content" in the subject line. Please note that if User subsequently places content on the BabyGiftsAuthority website, User’s deletion notice will become null and void.


C. BabyGiftsAuthority grants a right of use over all posted content or contributions to its website(s) to Users. Copying, downloading, disseminating, distributing and storing of the contents of the BabyGiftsAuthority website is, with the exception of the cache memory when searching for BabyGiftsAuthority’s web pages, prohibited, without BabyGiftsAuthority’s express written consent.


D. All information, Content, services and software displayed on, transmitted through or used in connection with the BabyGiftsAuthority website, with the exception of User content as defined herein, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like ("Content"), as well as its selection and arrangement, is owned by BabyGiftsAuthority, except for those items that are copyrighted and/or owned by their respective businesses or individuals.


E.  User may use the Content online only and solely for personal, non-commercial use, and may download or print a single copy of any portion of the Content solely for personal, non-commercial use, provided User does not remove any trademark, copyright or other notice from such Content.


F. User may not post, distribute or republish in any way, any portion of the Content to any Internet, Intranet or Extranet website or incorporate the Content in any database, compilation, archive or cache, except as expressly allowed in these Terms.


G. User may not distribute any Content to others, whether or not for payment or other consideration and may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content except as expressly allowed in these Terms.


H. User may not copy Content without permission from BabyGiftsAuthority or as otherwise allowed by these Terms. User agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the BabyGiftsAuthority website. User may not insert any code or product or manipulate the content of the BabyGiftsAuthority website in any way that affects the User's experience, and further, may not use any data mining, data gathering or extraction method on the BabyGiftsAuthority website.


I.  Requests to use BabyGiftsAuthority Content for any purpose other than as permitted in these Terms shall be directed to the Customer Service email address at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


J. User also grants BabyGiftsAuthority the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication User provides or otherwise submits for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any type to User.


K.  Without limiting the generality of the previous paragraphs, User authorizes BabyGiftsAuthority to share User posted Content across all websites, to include User content in a searchable format accessible by other Users of the BabyGiftsAuthority websites, now in use or later developed, to place advertisements in close proximity to such User content, and to use User’s name, likeness and any other information in connection with BabyGiftsAuthority’s use of the material User provides.


L.  Prohibited uses do not include any other use that BabyGiftsAuthority expressly authorizes in writing.


M. Content on BabyGiftsAuthority websites include a combination of content that we create, that our advertisers, affiliates, partners or our Users create. All materials published on our websites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our advertisers, affiliates or partners. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our websites in whole or in part.


N. BabyGiftsAuthority website contains content that we create as well as content provided by 3rd-parties. This content includes, among other things, product reviews. It also includes information about products and services offered by advertisers, partners and affiliates, such as product descriptions, specifications, pricing, availability and performance. BabyGiftsAuthority does not guarantee the accuracy, the integrity, or the quality of the content on our website and User may not rely on any of this content. Without limitation, BabyGiftsAuthority is not responsible for postings by Users in the user opinion, message board, or feedback sections of our websites.


O. BabyGiftsAuthority does not sell, resell, or license any of the products or the services that we review, list, or advertise on our websites and we disclaim any responsibility for or liability related to them. User correspondence or related activities with 3rd-parties, including payment transactions and goods delivery transactions or details, are solely between User and that 3rd-party. User agrees that BabyGiftsAuthority will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with 3rd-parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate 3rd–party vendor.


XI. Errors in Advertisements

On occasion, a product or service offered by advertisers and/or 3rd-parties, on the BabyGiftsAuthority website, may not be available at the time or at the price as it appears in an advertisement. In such an event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability or error in pricing or product information received from our advertisers or suppliers, you agree BabyGiftsAuthority is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate advertiser.


XII. Additional Terms


A. These Terms and any modifications thereto must be in writing to be valid. No secondary agreements exist.


B. BabyGiftsAuthority reserves the right to modify these Terms at any time, without providing reasons and without notice to User. User is urged to check these Terms frequently in order to determine if they have been modified in any way. If these Terms have been modified and User continues to Use the BabyGiftsAuthority website, the modified Terms shall be deemed to be accepted by User.


C. Unless otherwise stated in these Terms, User may submit all notices to BabyGiftsAuthority using the following Customer Service email address at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


D. BabyGiftsAuthority may send notices to the User by email to the address(es) provided in the User’s newsletter signup or updated contact data by User.


E. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of BabyGiftsAuthority.


F. The place of performance and jurisdiction under these Terms shall be main place of business of BabyGiftsAuthority, which is the State of Massachusetts.


G. These Terms and the contractual relationship shall be governed by the laws of the State of Massachusetts.


XIII. Discontinuation of Service


A. BabyGiftsAuthority may modify, suspend, discontinue or restrict the use of any portion of its website(s), including the availability of any portion of the Content at any time, without notice or liability.


B. BabyGiftsAuthority may deny access to any User at any time for any reason. In addition, BabyGiftsAuthority may, at any time, transfer rights and obligations under these Terms to any current or future BabyGiftsAuthority subsidiary or business unit, or any companies or divisions, or any entity that acquires BabyGiftsAuthority or any of its assets.


XIV. Customer Service/Support

All queries by User regarding these Terms can be emailed to BabyGiftsAuthority at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


XV. Statute of Limitations

User agrees to file any claim regarding any aspect of this website or these Terms within six (6) months of the time in which the events giving rise to such claim began or User agrees to waive such claim. User also agrees no claim subject to these Terms may be brought as a class action.


XVI. Section Titles

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.


XVII. Effective Date

THESE TERMS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON November 22, 2009.



 

 

 

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