IMPORTANT INFORMATION TO NOTE:
- YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE T&Cs, AND TO ABIDE BY AND COMPLY WITH THESE T&Cs. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SITE IS NOT INTENDED FOR CHILDREN UNDER 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITE AND/OR THE SERVICES OR TO CREATE AN ACCOUNT.
- THIS SITE INCLUDES CONTENT PROVIDED BY CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.
POLICIES, BUT IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THESE T&CS. WE RESERVE THE RIGHT TO REVISE THESE T&CS AT ANY TIME WITHOUT PROVIDING NOTICE. YOUR CONTINUED USE OF THE SITE, THE SERVICES (AS HEREINAFTER DEFINED) AND/OR YOUR ACCOUNT SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.
- ANY CONTROVERSY, CLAIM, DEMAND OR DISPUTE ARISING OUT OF OR IN RELATION TO ANY PORTION OF THIS AGREEMENT, OR THE BREACH THEREOF, MUST BE RESOLVED BY A COURT LOCATED IN HENRY COUNTY, VIRGINIA
- BY CREATING AN ACCOUNT AT THE SITE OR LOGIN IN TO THE SITE USING FACEBOOK CONNECT, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US.
- USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
1. Description of the Site: The Site enables its customers, users and visitors (together “Customers”) to review information related to its pacifiers. Customers may be permitted to directly purchase PACIFIERS on the Site. Customers may also be provided with the means of submitting or posting video, photographic and textual content or comments (“Submissions”) to this Site through various services and applications, including but not limited to Facebook. We may also impose limits on certain Site services and features (together “Services”), limit any Products or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone. A. These T&Cs apply to all Customers of the Site. The Site includes proprietary and third party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video and/or other digital formats offered via the Site. B. Registration: In order to have access to certain Services, including but not limited to making Submissions to the Site, you may be required to create an Account either directly on the Site, as prompted by our registration form, or using Facebook Connect. You may never use someone else’s Account.
- During registration, we may require the Submission of information about yourself. Registration Data may include your e-mail address, user name, password, address as well as your child’s name, age and sex. When prompted for such information, you agree to provide accurate, current and complete information
about yourself (“Registration Data”). You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data. D. Username and Password: As part of the registration process, you may be asked to select a username and password. We may refuse to grant to you any username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid. E. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND FOR ANY AND ALL PURCHASES, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR ACCOUNT, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR ACCOUNT, TO ANY THIRD PARTY. F. Eligibility: All Customers of the Site must be either eighteen (18) years of age or older, emancipated minors, or possess the necessary legal parental or guardian consents to enter into these
2. You may access such information solely:
- For your general information and personal use; and
- As intended through the normal functionality of the Site. A. THIS SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. B. Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to OB, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Site or Services. The posting of information or material at or on the Site by us does not constitute a waiver of any right in such information and materials. C. Contest Submitted by Customers: Customers may submit or post personal reviews, opinions or experiences regarding Products listed on the Site. The information listed, uploaded, posted or made available by Customers are those of the respective Customers and not of OB, and should not necessarily be relied upon. Customers who post any content are solely responsible for the accuracy, completeness or usefulness of such content. OB does not guarantee the accuracy, completeness or
usefulness of any information made available by Customers on the Site and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. Customers understand and agree that OB will not be responsible for, and Customers hereby agree to hold OB harmless from, any and all loss or damage resulting from anyone’s reliance on information or other content posted on the Site by other Customers of the Site. D. Customers Submissions and Comments. This section governs the Submission of any photograph(s), video(s), image(s), text and/or comment(s) or other content to the Site. As Customers you may submit or post video, photographic and textual content or comments (“Submission(s)”). Customers agree that whether published or not, OB does not guarantee the confidentiality of their Submissions. OB does not condone or tolerate the submission of illegal and/or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms (“Content Terms”). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that: 1. You are eighteen (18) years of age or older, an emancipated minor, or possess the necessary legal parental or guardian consent to enter into these T&Cs; 2. You, and any other individual(s) portrayed or identified in the Submissions, were at least eighteen (18) years of age at the time that the Submissions were taken, made and/or created or you
8. OB may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever; 9. You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the Submissions, or the use to which the Submissions may be applied; 10. OB may include or add editorial copy and/or other writings or graphics to the Submissions; 11. You are subject to any other guidelines and/or rules and regulations that may appear at the Site; and 12. Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.
- Online Conduct: You are solely responsible for the Submissions and/or other information that you publish, transmit and/or post on the Site, including the Registration Data. You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to: 1. post, or attempt to post, any text, audio, photographs, videos or other images containing offensive and/or confidential information; 2. impersonate any person or entity; 3. “stalk” or otherwise harass any person via the Site; 4. engage in advertising to, or solicitation of, other Customers to buy or sell any products or services through the Site;
5. transmit any chain letters, spam or junk e-mail to other Customers; 6. express or imply, without our specific, prior, written consent that any statements you make are endorsed by HCI; 7. harvest or collect personal information about other Customers, whether or not for commercial purposes, without their express consent; 8. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; 9. post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of OB or the owner of such proprietary rights; 10. to access Submissions or the Site through any technology or means other than through the means provided on the Site themselves or other explicitly authorized means OB may designate; 11. remove any copyright, trademark or other proprietary rights notices contained on the Site; 12. interfere with or disrupt the Site, or the servers and/or networks connected to the Site; 13. post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
14. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site; 15. “frame” or “mirror” any part of the Site, without our specific, prior written authorization; 16. use metatags, code or other devices containing any reference to OB or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and 17. to use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of OB. Prohibited commercial uses include any of the following actions taken without OB’s express consent: (i) sale of access to the Site or its Services on another website; and/ or (ii) use of the Site or its Services, for the primary purpose of gaining advertisements or subscription revenue. OB reserves the right, but has no obligation, to reject any Account or Submission that does not comply, in OB’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination of your Account pursuant to the terms of these T&Cs. OB reserves the right to pursue any and all legal remedies against Customers who engage in any of the aforementioned prohibited conduct. However, in any event, OB
assumes no responsibility for the conduct of other Customers of the Site. F. License Grant: As a Customer, you are granted a non- exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these T&Cs.
1 No part of the Site or Services may be reproduced in any
form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, the Services or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’ infrastructure. 2. Digital Millennium Copyright Act a. If you are a copyright owner or an agent thereof and believe that any Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
b. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; c. 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; d. 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; e. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; f. A statement that the complaining party has 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 g. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. OB is to receive notifications of claimed infringement at: Oralign Baby LLC 19 Cleveland Ave., Martinsville, Virginia 24112. firstname.lastname@example.org You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, its Services or the Products, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein. G. WARRANTIES: You expressly agree that access and/or use of the Site or its Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and/or Services may contain bugs, errors, problems or other limitations. 1. We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site and/or Services to the fullest extent permitted by applicable law. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. 2. The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site, Services and Products would not be provided to you without such limitations. No advice or information, whether oral
or written, obtained by you from us through the Site and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. We are not responsible to you and/or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, Customers communications; 2) the conduct of any Customers, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another’s rights, including intellectual property rights. 3. You agree that OB is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising there from including, without limitation, any and all criminal and/or civil liability. 4. OB shall not be liable to you for any Products, Content or information available from third parties, even if obtained at or through the Site and/or Services. If you are dissatisfied with the Site and/or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your membership and to discontinue use of the Site and Services. H. Third-party Websites: The Site may contain links to other websites owned and operated by OB, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by OB, including Facebook. OB has no control over, and assumes no responsibility or liability for, the content, privacy policies, or
practices of any third party site. By using the Site, you expressly relieve OB from any and all liability arising from your use of any third party website. Furthermore, OB does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or resources, or for any damages and/or losses arising there from. 1. Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any OB or third party website you access through the Site. 2. DISPUTE RESOLUTION: If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and OB agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Site (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. a. Choice of Law and Forum – This Agreement shall be treated as though it were executed and performed in Henry County,
Virginia and shall be governed in all respects by the laws of the State of Virginia without regard to conflict of law provisions. You agree that any Claim or dispute you may have against us must be resolved by a court located in Henry County, Virginia, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Henry County, Virginia for the purpose of litigating all such Claims or disputes. b. Miscellaneous: 1. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. 2. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement. 3. You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you. 4. Legal Warning: Any attempt by any individual, whether a Customers or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any
offending individual or entity to the fullest extent permissible by law and in equity. 5. Contact Us: Oralign Baby LLC 19 Cleveland Ave., Martinsville, Va. 24112