- User’s Acknowledgment and Acceptance of Terms
Allaboutbabyblog (“Us” or “We”) provides the Allaboutbabyblog.com and various
related services (collectively, the “Site”) to you, the User, subject to your compliance with all the
terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any
other written agreement between us and you. In addition, when using particular services or
materials on this Site, Users shall be subject to any posted rules applicable to such services or
materials that may contain terms and conditions in addition to those in these Terms of Use. All
such guidelines or rules are hereby incorporated by reference into these Terms of Use.
These Terms of Use are effective as of 04/18/2020. We expressly reserve the right to change these
Terms of Use from time to time without notice to you. You acknowledge and agree that it is your
responsibility to review this Site and these Terms of Use from time to time and to familiarize
yourself with any modifications. Your continued use of this Site after such modifications will
constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound
by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries,
affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes
(without limitation) all parties involved in creating, producing, and/or delivering this Site and/or
its contents. - Description of Services
We make various services available to the Public or select Users on this Site including, but not
limited to: Content to read for personal purposes
You are responsible for providing, at your own expense, all equipment necessary to use the
services, including a computer, network hardware, and Internet access (including payment of all
fees associated with such access).
We reserve the sole right to either modify or discontinue the Site, including any of the Site’s
features, at any time with or without notice to you. We will not be liable to you or any third party
should we exercise such right. Any new features that augment or enhance the then-current services
on this Site shall also be subject to these Terms of Use. - Conduct on Site
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible
for the substance of your communications through the Site. By posting information in or otherwise
using any communications service, chat room, message board, newsgroup, software library, or
other interactive services that may be available to you on or through this Site, you agree that you
will not upload, share, post, or otherwise distribute or facilitate distribution of any content —
including text, communications, software, images, sounds, data, or other information — that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive
of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or threatening nature directed at another
individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary
right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as
“spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or
gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or
intended to disrupt, damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any data or other
information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted
by third party users of the Site. We generally do not pre-screen, monitor, or edit the content
posted by users of communications services, chat rooms, message boards, newsgroups, software
libraries, or other interactive services that may be available on or through this Site. However, we
and our agents have the right at their sole discretion to remove any content that, in our judgment,
does not comply with these Terms of Use and any other rules of user conduct for our site, or is
otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in
removing such content. You hereby consent to such removal and waive any claim against us arising
out of such removal of content.
(See “Unauthorized Use of Materials” below for a description of the procedures to be followed in
the event that any party believes that content posted on this Site infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right of any party.)
In addition, you may not use your account to breach security of another account or attempt to gain
unauthorized access to another network or server. Not all areas of the Site may be available to you
or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment
of the Site or other similar services. Users who violate systems or network security may incur
criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership,
account, or other affiliation with our site without prior notice to you for violating any of the above
provisions. In addition, you acknowledge that we will cooperate fully with investigations of
violations of systems or network security at other sites, including cooperating with law enforcement
authorities in investigating suspected criminal violations. - Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information,
documents, software, materials and/or services provided by other parties. These sites may contain
information or material that some people may find inappropriate or offensive. These other sites and
parties are not under our control, and you acknowledge that we are not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites,
nor are we responsible for errors or omissions in any references to other parties or their products
and services. The inclusion of such a link or reference is provided merely as a convenience and
does not imply endorsement of, or association with, the Site or party by us, or any warranty of any
kind, either express or implied. - Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that you transmit to this Site or to
us, whether by electronic mail, post, or other means, for any reason, will be treated as
non-confidential and nonproprietary. While you retain all rights in such communications or
material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and
worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and
otherwise, use such material for any purpose regardless of the form or medium (now known or not
currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed
in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do
not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of
this Site believes its copyright, trademark or other property rights have been infringed by a posting
on this Site, you or the user should send notification to our Designated Agent (as identified below)
immediately. To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or
other information sufficient to specify the copyrighted work being infringed). - Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the
allegedly infringing webpage or other content (email address is preferred). - Include the following statement: “I have a good faith belief that use of the copyrighted materials
described above as allegedly infringing is not authorized by the copyright owner, its agent, or the
law.” - Include the following statement: “I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.” - Sign the paper.
- Send the written communication to the Designated Agent for Claimed Infringement at the
following address:
Contact:
Address:
Phone:
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we
may immediately remove the identified materials from our site without liability to you or any other
party and that the claims of the complaining party and the party that originally posted the materials
will be referred to the United States Copyright Office for adjudication as provided in the Digital
Millennium Copyright Act.
- Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND
MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND
MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE
QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR
OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET
YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES
OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS
AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF
ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE
MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE
NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION
OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial
transactions with other users and vendors. You acknowledge that all transactions relating to any
merchandise or services offered by any party, including, but not limited to the purchase terms,
payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions,
are agreed to solely between the seller or purchaser of such merchandize and services and you. WE
MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED
THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND
AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT
YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH
ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR
THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH
THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information
provider, site user, or other person or entity not connected with us. We do not endorse, nor are
we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone
other than an authorized Allaboutbabyblog spokesperson speaking in his/her official capacity.
Please refer to the specific editorial policies posted on various sections of this Site for further
information, which policies are incorporated by reference into these Terms of Use.
You understand and agree that temporary interruptions of the services available through this Site
may occur as normal events. You further understand and agree that we have no control over third
party networks you may access in the course of the use of this Site, and therefore, delays and
disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided “AS IS” and that we
assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. - Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB
SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS
AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN
CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE,
INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. - Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from
all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of
this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will cooperate with us
in asserting any available defenses. - Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter
into correspondence with or participate in promotions of the advertisers showing their products on
this Site. Any such correspondence or promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such correspondence or promotion. - E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”)
available to users of our site, either directly or through a third-party provider. We make available
separate supplemental agreements characterizing the relationship between you and us that, except
where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of
the sender or the recipient, or in the narrowly-defined situations provided under the Electronic
Communications Privacy Act, or as other required by law or by court or governmental order.
Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass
unsolicited communications (also known as “spam”) and/or other types of electronic
communications that we deem inconsistent with our business purposes. However, such devices or
techniques are not perfect, and we will not be responsible for any legitimate communication that is
blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage
space, we may employ automated devices that delete or block email messages that exceed the limit.
We will not be responsible for such deleted or blocked messages. - International Use
Although this Site may be accessible worldwide, we make no representation that materials on this
Site are appropriate or available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who choose to access this Site
from other locations do so on their own initiative and are responsible for compliance with local
laws. Any offer for any product, service, and/or information made in connection with this Site is
void where prohibited. - Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the
Site with or without notice and for any reason, including, without limitation, breach of these
Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating
your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services
available on this Site immediately ceases, and you acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files in your account and/or bar
any further access to such files or this Site. We shall not be liable to you or any third party for any
claims or damages arising out of any termination or suspension or any other actions taken by us in
connection with such termination or suspension. - Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of
California, United States of America. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ from those of Iowa, by
accessing this Site both of us agree that the statutes and laws of the State of Iowa, without regard to
the conflicts of laws principles thereof and the United Nations Convention on the International
Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products
and services available through this Site. Each of us agrees and hereby submits to the exclusive
personal jurisdiction and venue any court of competent jurisdiction within the State of Iowa with
respect to such matters. - Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail.
Notices to us must be sent to the attention of Customer Service at Allaboutbabyblog@gmail.com, if by
email, or at Allaboutbabyblog, 3501 Jack Northrop Ave Suite #APX585, Hawthorne, CA 90250, USA if by conventional mail. We may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance,
and such broadcasts shall constitute notice to you at the time of sending. - Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us
concerning the subject matter of this agreement and supersede all prior agreements and
understandings of the parties with respect to that subject matter. These Terms of Use may not be
altered, supplemented, or amended by the use of any other document(s). Any attempt to alter,
supplement or amend this document or to enter an order for products or services which are subject
to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a
written agreement signed by you and us. To the extent that anything in or associated with this Site
is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. - Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and
attorneys fees. Any cause of action brought by you against us or our Affiliates must be instituted
with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any
purported attempt to do so will be null and void. We may free assign our rights and obligations
under these Terms of Use.
You agree not to sell, resell, reproduce duplicate, copy or use for any commercial purposes any
portion of this Site, or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for
non-delivery or delay in delivery of products and services available through our site arising from
any event beyond our reasonable control, whether or not foreseeable by either party, including but
not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure
transportation, governmental act or regulation, and other causes or events beyond our reasonable
control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall
not constitute a waiver of that right or provision. - Contact Information
Except as explicitly noted on this Site, the services available through this Site are offered by
Allaboutbabyblog. If you notice that any user is violating these Terms of Use, please
contact us at Allaboutbabyblog@gmail.com.