HAPPIEST BABY, INC.
Updated April 1, 2017
1. YOUR ACCEPTANCE
3. GENERAL USE OF THE WEBSITE – PERMISSIONS AND RESTRICTIONS
A. You agree not to distribute in any medium any part of the Website without HBI’s prior written authorization.
B. You agree not to commercially use the Website without the prior written authorization of HBI in each instance. Prohibited commercial uses include but are not limited to any of the following actions taken without HBI’s express written approval:
I. sale of access to the Website or its related services on another website;
II. use of the Website or its related services and products for the primary purpose of gaining advertising or subscription revenue; and
III. any use of the Website or its related services and products in competition with HBI or HBI’s content.
C. You agree not to use or launch any automated system, including without limitation, robots, spiders, screen scrapers, offline readers, or systems that access the Website in a manner that sends more request messages to the HBI servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. HBI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website, including but not limited to comments and/or emails, for any commercial solicitation purposes.
G. HBI reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this Website, including third-party Disclosures (as defined in Section 4(E) herein) and any other information provided, including but not limited to comment and/or other interactive areas. HBI neither endorses nor is responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.
4. YOUR USE OF CONTENT ON THE WEBSITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
A. The content on the Website, including without limitation, the text, books, CDs, DVDs, software, graphics, forums, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, logos, insignias and other intellectual property contained therein (“Marks”), are owned by or licensed to HBI, subject to copyright and other intellectual property rights under the law. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) which are protected by HBI’s or its licensors’ and licensees’ service marks, trademarks and copyrights. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of HBI. HBI reserves all rights not expressly granted in and to the Website and the Content.
B. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content for any commercial purposes.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content.
D. HBI grants you a limited, revocable, non-sublicensable license to display the Content solely for your personal use in connection with viewing the Website. Any rights not expressly granted herein are hereby reserved by HBI.
5. DEALINGS WITH ADVERTISERS
Your correspondence or other business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services from such providers, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that HBI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
6. COPYRIGHT POLICY
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address;
(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. HBI’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Happiest Baby, Inc., 1833 Centinela Avenue, Santa Monica, CA 90404, tel: 310-476-4440, fax: 310-476-4401, email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to HBI customer service through our contact page. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
C. Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content in accordance with requirements of the DMCA. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification. If we receive a valid counter-notification, we will forward it to you and you must then notify us within 10 business days that you have filed an action seeking a court order to restrain the other party from engaging in the allegedly infringing activity. If we receive such notification from you, we will not restore the material. If we do not receive such notification from you, we may reinstate the material.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, agree to comply with all applicable laws regarding intellectual property and/or the transmission of technical data exported from the United States or the country in which you reside.
8. WARRANTY DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. HBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HBI, ITS LICENSORS AND LICENSEES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE. HBI, ITS LICENSORS AND LICENSEES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE, IF ANY, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, IF ANY, AND HBI, ITS LICENSORS AND LICENSEES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES IF SUCH A TRANSACTION TAKES PLACE.
NOTHING STATED OR POSTED ON THE WEBSITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE DISPENSATION OF MEDICAL ADVICE OR THE PRACTICE OF MEDICINE. ANY WEBSITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO OFFER OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR OWN PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR EMERGENCY SERVICES (911 IN THE UNITED STATES OF AMERICA) IMMEDIATELY.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW HBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, REPRESENTATIVES OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HBI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Our services are available only to individuals that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18). By requesting to use, registering to use and/or using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof.
The Website is intended for people 18 or over. HBI will not knowingly collect any personally identifiable information from children under 13. You must identify your age during the registration process. HBI takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously.
NOTWITHSTANDING THE FOREGOING, HBI DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE WHETHER POSTED ON THE SITE OR INCLUDED IN A PROFILE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD HBI HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE WHETHER POSTED ON THE SITE OR INCLUDED IN A PROFILE.
13. TERMINATION OF USE
14. DISPUTE RESOLUTION / MANDATORY ARBITRATION / NO CLASS ACTIONS
Notwithstanding the foregoing, YOU MAY OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out by emailing written notification to HBI at email@example.com that includes: (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with HBI through arbitration. Your decision to opt-out of this Section will have no adverse effect on your relationship with HBI. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or in small claims court. In addition, this arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.