Terms of use

These Terms of Use, along with policies and guidelines located throughout babiators.com identify what users ("Users") of the Babiators, LLC Website (the "Website") can expect. Your use of the Website is governed by the policies, terms, and conditions set forth below. Please read them carefully. By accessing any areas of the Website, submitting an order for products or services to Babiators, LLC ("Babiators"), or submitting content to the Website, you indicate your acceptance of, and agreement to be bound by, the Terms of Use set forth below. If you do not agree to these Terms of Use, please do not use this Website, do not submit any orders for products or services on this Website, and do not submit content to this Website. These Terms of Use shall supersede any prior or subsequent Terms of Use included with any communications, agreement, purchase order, or invoice, whether or not such Terms of Use are signed by Babiators. When you visit babiators.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Babiators reserves the right to make changes to this Website and to these Terms of Use at any time.

1. Online Conduct

1.1. User agrees to use the Website only for lawful purposes.

1.2. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

1.3. User may not use a false e-mail address or impersonate any person or entity.

2. Privacy Policy

The Privacy Policy is located at http://babiators.com/privacy.

3. Copyright

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Babiators or its content suppliers and protected by copyright laws. The compilation of all content on this Website is the exclusive property of Babiators and protected by copyright laws. All software used on this site is the property of Babiators or its software suppliers and protected by copyright laws.

4. License And Site Access

4.1. Babiators grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Babiators. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

4.2. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Babiators. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Babiators without express written consent. You may not use any meta tags utilizing the Babiators logo without the express written consent of Babiators. Any unauthorized use terminates the permission or license granted by Babiators.

4.3. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Babiators so long as the link does not portray Babiators or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Babiators logo as part of the link without express written permission.

5. Security

Generally accepted, industry-standard security systems, software, and encryption technologies are used on babiators.com to protect against unauthorized access to our servers, equipment, and other components of our online presence.

6. Your Account

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Babiators does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Babiators.com only with involvement of a parent or guardian. Babiators reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

7. Product Descriptions

Babiators and its affiliates attempt to be as accurate as possible. However, Babiators does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. Babiators is not liable for any errors, omissions or inaccuracies of the information found on the Website. The information provided on the Website is intended for reference only. We neither certify nor endorse any information provided by third party individuals or vendors on Babiators.com, particularly information which may be provided between and among third party users (like you). If a product offered by Babiators itself is not as described, your sole remedy is to return it in unused condition.

8. Lost & Found Guarantee

Lost & Found Guarantee is only available to those customers who register their product purchase at babiators.com/register within 30 days of purchase. Customers who register on babaitors.com/register agree that Babiators may contact them at the email address provided in the registration. Customers may opt-out at any time. Registration must be made in the name of the end-customer, and the address must be the ship-to address of the end-customer. Maximum registrations by customer name and/or customer ship-to address is 10 units. The Lost & Found Guarantee is limited to one (1) replacement pair per customer. Customers are required to pay the cost of shipping (from our location in the U.S.) for their replacement pair. Customers who register their purchases for shipping locations outside the U.S. may be required to claim their replacement through the Babiators distributor (if we have a distributor in that country), or pay for shipping costs from the U.S. to their country. Lost & Found Guarantee participation in countries where we have a distributor is solely at the discretion of that country's distributor, and participation varies. If the customer's replacement pair breaks within one year of purchase, the customer is entitled to one (1) additional replacement pair. To claim this additional replacement, customer is required to mail the damaged pair to Babiators at: Babiators Returns, Attn: Lost & Found Guarantee, 1054 Grandview Road, Oil City, PA 16301-1227. The Lost & Found Guarantee replaces the Wear & Tear Guarantee.

9. Termination Of Usage

Babiators may suspend or terminate any User's access to all or any part of the Website including any account thereon, without notice, for any reason in Babiators' sole discretion, including without limitation Babiators' belief that such access would violate any applicable law or would be harmful to the interests of any Babiators provider or another User.

10. Terms And Conditions For Submitting Content

10.1. The Website may allow users to submit photos, videos, and/or testimonials "Works" to the Website. In submitting Works to the Website, you agree to these Terms and Conditions.

10.2. INTRODUCTION

  1. You may only submit Works to this Website by expressly acknowledging acceptance of these Terms and Conditions. You may be required to provide the following identifying information: your first and last name, email address, your child's first and last name, your child's age.

10.3. INTELLECTUAL PROPERTY RIGHTS

  1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensers.

  2. Any rights not expressly granted in these terms are reserved.

  3. You represent and warrant that you are the owner of all right title and interest in the Works or that you have the right to grant the license set forth below.

10.4. VISITOR'S SUBMISSION OF WORKS

  1. In consideration for your Works appearing on the Website, you grant the Company a perpetual royalty free non-exclusive license to use, reproduce, modify, translate, transmit, distribute and sub-license any Works you supply or communicate to the Website in any medium, now in existence or hereafter developed, for any purposes, including commercial use.
  2. Other than personally identifiable information, a list of which can be found in Section 10.2.a, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligation with respect to such material.
  3. You are prohibited from posting or transmitting to or from this Website any Works for which you have not obtained all necessary licenses and/or approvals.
  4. The Company respects the intellectual property rights of others, and we ask our users do the same.
  5. If you believe your work has been copied and is accessible on the Website, or that it contains links or references to another online location that contains Works that infringes your copyright, please contact the Company.

10.5. MINOR RELEASE

  1. You agree that any Works you submit containing your minor child's likeness may appear in a product of Babiators. Your acceptance of these Terms and Conditions grants Babiators, its affiliates and licensees, the following worldwide, irrevocable rights, in perpetuity:
    1. To use and re-use, publish and re-publish, modify or alter, and copyright images of your child, or in which your child may be included, as contained in the Works in a Babiators product. Use of your child's image and the Works for editorial, commercial, trade, advertising, or any other purpose may be made in any medium now existing or subsequently developed for such product. Your child's image may be used in conjunction with your child's first name, or with a fake name selected by Babiators.
    2. To use and re-use, publish and re-publish the Works containing your child's image, in whole or in part, individually in conjunction with printed matter, or in composite form for such product. You waive your right to inspect or approve any editorial matter or advertising copy that is used in connection with the Works and release and discharge Babiators, its affiliates and licensees, from any and all claims arising out of use by Babiators its affiliates and licensees, including any claims for libel and invasion of privacy.
  2. You represent and warrant that you are the owner of all right title and interest in the Works that your have, or will, submit, and that you have the right to grant the license set forth above. You further warrant that you are a legal competent adult and a parent or legally appointed guardian of the minor, and that you have every right to contract for the minor in the above regard.

10.6. INDEMNITY

  1. You agree to indemnify the Company and its affiliates, employees, agents, its designees and licensees and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your submissions of Works to the Website, from your breach of these Terms of Use, or from any such acts arising from your use of the Website.
  2. You agree to indemnify the Company, and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders, agents or any of them, from all liability and responsibility for any amount or kind of loss or damage that may result to you or to a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with submitting Works to this Website or by the Company reproducing the Works in any form.

10.7. LIABILITY

  1. If the submission of Works to this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10.8. EFFECTIVE DATE

  1. This Agreement is effective on the date you agree to these Terms and Conditions and successfully submit the Works.

11. Disclaimers And Limitation Of Liability

11.1. BABIATORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

11.2. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BABIATORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BABIATORS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BABIATORS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BABIATORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS OR SERVICES ADVERTISED, DISPLAYED OR SOLD ON THIS SITE OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

12. Governing Law And Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the United States, where the issue is a federal question and the laws of the State of Georgia where the issue is a state question. Disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction and venue of a court in the State of Georgia and disputes arising in connection with the copyright laws shall be subject to the exclusive jurisdiction of the United States Courts in the Court of North Georgia.