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Terms of use

(last updated on 20th August 2013)

These “Terms of Use,” together with the Privacy Policy referenced herein and incorporated by reference, tells you the terms and conditions on which you may make use of our website tommeetippee.us (the “Website”), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Website. By using our Website you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Website. These Terms of Use are, in respect of US residents, also incorporated into the terms of use which apply to our Tommee Tippee facebook page www.facebook.com/TommeeTippeeNorthAmerica (“Facebook Page”), and apply to the use of our Facebook Page (in respect of US residents), along with any other terms of use which apply to our Facebook Page – please see our Facebook Page for details of those. Any reference in these terms of use that refers to “Website” shall be interpreted as incorporating a reference to our Facebook Page unless the context otherwise requires.

We may revise and update these Terms of Use at any time in accordance with section 16.1 below. Your continued use of the Website means that you accept and agree to the revised Terms of Use. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink located on the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.


1. INFORMATION ABOUT US.

  1. The Website is operated by Mayborn USA, Inc., a company incorporated in the State of New York, whose address is First Floor, 1 Edgewater Drive, Suite 109, Norwood, Massachusetts 02062 (“we”, “us”, or “our”).


2. USING AND ACCESSING OUR SITE

  1. Your access to and use of the Website is subject to these Terms of Use, and all applicable laws. Certain features of the Website may have additional terms, such as promotion official rules, site content and behavior guidelines, and other terms and conditions.
  2. You agree to use the Website only for lawful purposes. Specifically, you agree not to do any of the following: (a) upload to or transmit on the Website any defamatory, indecent, obscene, pornographic, abusive, harassing, violent or otherwise objectionable material, or material which contains nudity or incites violence, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail not intended for you; (d) misrepresent an individual or affiliation with any person or organization; (e) upload to or transmit on the Website any advertisements or solicitations of business; (f) restrict or inhibit use of the Website by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via the Website; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (j) post “spam,” transmit chain letters or engage in other similar activities; (k) advocate illegal activity or discuss an intent to commit an illegal act; (l) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (m) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Website or any networks connected to the Website; (n) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; (o) post or transmit any content that constitutes a trade secret of another individual or company; or (p) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose us or them to liability.
  3. Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chat room or any other publicly available section of the Website, and all articles, videos, blog entries and responses to questions, other than the content provided by us, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of us. You understand and acknowledge that you are responsible for whatever content you submit, and you, not us, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website. You grant to us the right to use all content you upload or otherwise transmit to the Website in accordance with the Privacy Policy or as otherwise instructed by you.
  4. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Website without notice. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users regardless of whether they are registered members.
  5. We reserve the right, but do not assume the responsibility, to (a) remove any material, including content posted on the Website, which we, in our sole discretion, deem inconsistent with the foregoing commitments, including any material we have been notified, or have reason to believe, constitutes a copyright infringement; and (b) terminate any user’s account to all or part of the Website. However, we can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by third parties. We reserve the right to take any action we deem necessary to protect the personal safety of users of the Website and the public; however, we shall have no liability or responsibility to anyone for the performance or non-performance of the activities described in this paragraph.

3. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE WEBSITE

  1. We are the owner or the licensee of all Website design, text, graphics and software and of all intellectual property rights therein (such as copyright, trademarks, patents, design rights, etc.) and in the material published on it, except any material provided by you. No Website content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in the whole or in part, without our prior written permission, and you shall not do anything which may be seen to take unfair advantage of the reputation and goodwill of the Website.
  2. You are granted a limited license to access and use the Website and the site content and to download or print a copy of any portion of the site content to which you have properly gained access, solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. This license is revocable at any time without notice and with or without cause. You may not upload or republish site content on any internet, intranet or extranet site, except to the extent permitted in the Privacy Policy. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Content that is hateful, obscene, indecent, harassing, offensive, abusive, threatening, defamatory, pornographic, or which incites violence or contains nudity or graphic or gratuitous violence, or is otherwise unlawful, is prohibited. It is your responsibility not to provide to the Website any prohibited information.
  3. With respect to the content and materials which you post on the Website that is the subject of any intellectual property rights (including, but not limited to, photographs), you grant us an irrevocable, non-exclusive, transferable, sublicensable, royalty-free, worldwide license of any such intellectual property rights in such content and materials that you post on the Website to use the same in accordance with the Privacy Policy. When you or we delete such content, you understand that removed content may persist in backup copies for a reasonable period of time, but it shall not be available for use by others.

4. TRADEMARKS

  1. Tommee Tippee, Closer To Nature and Explora are all registered trade marks of Mayborn USA, Inc., or an affiliate thereof. Other trademarks and logos shown on the Website are either owned by Mayborn USA, Inc., or an affiliate thereof, or a third party. No rights are granted to use any trademarks on this Website without the prior written consent of Mayborn USA, Inc.

5. RELIANCE ON INFORMATION POSTED AND DISCLAIMER

  1. Except as otherwise provided herein, the materials on this Website are provided “as is” without any other warranties of any kind, either express or implied. We disclaim all warranties, including any implied warranties of merchantability and fitness for a particular purpose. We do not warrant that that the functions or content contained in the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or other harmful components. You, and not us, assume the entire cost of all necessary servicing, repair or correction to your computer in the event of any loss or damage arising from the use of the Website or the content. We do not warrant or make any representation regarding use of the content in terms of accuracy, reliability or otherwise. The content may include technical inaccuracies or typographical errors. You assume full liability for any content you upload or post to the Website.
  2. This legal notice and the foregoing disclaimers are subject to section 7.1 of these terms and do not affect any mandatory legal rights that cannot be excluded under applicable law, including your statutory rights as a consumer.
  3. The contents of the Website are for informational purposes only. Any advice or information provided on the Website does not create a professional relationship. Neither this Website, nor any advice, guidance, opinion, statement or other information provided to you by us is intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of something you read on the Website or other information we provide to you. You acknowledge that any reliance upon such advice, opinion, statement or information given by us, is at your own risk.

6. OUR SITE CHANGES REGULARLY

  1. We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely.

7. OUR LIABILITY TO YOU

  1. NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OUR LIABILITY (IF ANY) FOR;
    1. FRAUD OR FRAUDULENT MISREPRESENTATION;
    2. PERSONAL INJURY OR DEATH RESULTING FROM OUR NEGLIGENCE;
    3. OUR BREACH OF OUR STATUTORY OBLIGATION TO PROVIDE THE WEBSITE AND RELATED SERVICES WITH REASONABLE SKILL AND CARE; OR
    4. ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE, OR ATTEMPT TO EXCLUDE, OUR LIABILITY.
  2. EXCEPT AS SET OUT UNDER SECTION 7.1, OUR LIABILITY FOR LOSSES YOU SUFFER AS A RESULT OF US BREACHING THESE TERMS OF USE IS STRICTLY LIMITED TO LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF US BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY ARE A LIKELY RESULT OF OUR BREACH OF THESE TERMS OF USE AND ARE WITHIN OURS AND YOUR CONTEMPLATION AT THE TIME YOU ACCEPT THESE TERMS OF USE AND START USING THE WEBSITE. IN ANY EVENT, THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED $100.
  3. IN NO EVENT SHALL WE BE RESPONSIBLE FOR:
    1. INDIRECT LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND US;
    2. PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES;
    3. LOSS OF INCOME OR REVENUE;
    4. LOSS OF BUSINESS;
    5. LOSS OF ANTICIPATED SAVINGS;
    6. LOSS OF DATA; AND
    7. ANY INCREASED LOSSES YOU SUFFER AS A RESULT OF YOUR OWN BREACH OF THESE TERMS OF USE.

8. YOUR LIABILITY TO US

  1. In the event that a claim or action is brought against us from your activities or use of the Website and associated services which is caused by either: (a) any breach by you of these Terms of Use or our Privacy Policy; or (b) the negligent, reckless or willful acts by you, you agree to pay, hold harmless and defend us in the claim or action and shall indemnify us for all resulting losses, damages, judgments, awards, costs, expenses and attorneys’ fees. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow us to assume the exclusive defense and control of the matter.

9. PRIVACY, SECURITY, INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

  1. We collect, use and share information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate and current.
  2. You are prohibited from using any services or facilities provided in connection with the Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use.
  3. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. You waive and hold us harmless from any claims resulting from any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by either us or law enforcement authorities.

10. SUBMITTING FEEDBACK

  1. We welcome your comments. All comments, suggestions or other information sent by you to the Website or otherwise to us relating to the Website (each, a “Submission”) will become our property and you agree that all intellectual property rights therein are transferred to us.
  2. You hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all Submissions, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. We will not be required to treat any Submission as confidential, and may use any Submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations. Notwithstanding the foregoing, we will treat any personal information that you submit through the Website in accordance with our Privacy Policy.

11. VIRUSES, HACKING AND OTHER OFFENSES

  1. You may not misuse our Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other materials or devices which are malicious or technologically harmful. You may not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You may not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
  2. By breaching this Section 11, you commit a criminal offense under the law of the United States. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
  3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

12. LINKING TO OUR SITE

  1. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page unless written permission is granted by us. We reserve the right to withdraw linking permission without notice.

13. LINKS FROM OUR SITE; DEALINGS WITH OTHER MERCHANTS

  1. The Website may contain links to other third party sites, including social media sites such as Facebook and Twitter. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse the content, products, services or practices of any third party website, and we do not make any representations regarding their quality, content or accuracy. Your use of a third party website is at your own risk and subject to the terms and conditions of use for such website.
  2. If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through the Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that we will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Website. We make no representations or warranties with relation to correspondences with merchants and shall not be responsible for failure of the merchant or you to receive materials communicated in this fashion for any reason whatsoever.

14. COPYRIGHT INFRINGEMENT

  1. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. a description of the copyrighted work that you claim has been infringed;
    3. identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
    4. your address, telephone number, and e-mail address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  2. Our agent for notice of claims of copyright infringement on the Website can be reached at: copyright@mayborngroup.com

15. JURISDICTION AND APPLICABLE LAW; LIMITATION PERIOD

  1. These Terms of Use will be binding on Mayborn USA, Inc., and its successors and assigns, and you, and shall be governed by the laws of the State of Massachusetts, USA and the parties agree to submit to the non-exclusive jurisdiction of the state and federal courts of Massachusetts.
  2. Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

16. VARIATIONS

  1. We may revise these Terms of Use at any time by amending this page. If we make changes to these Terms of Use we will notify you by posting an announcement on the Website. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. By continuing to use the Website after changes have been made, you will be deemed to have accepted any amendments to these Terms of Use.

17. SEVERABILITY

  1. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the other provisions will remain in full force and effect.
  2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the actual intent of the parties.

18. RELATIONSHIP

  1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of the Website.

19. WEBSITE FOR USE BY US RESIDENTS

  1. You must be a resident in the USA to use this Website. If we learn that a person is not resident in the USA, we reserve the right to take appropriate measures as we see fit including to delete such information from our databases and the Website relating to the User, and to not use such information for any purpose.

20. LEGALITY

  1. The owner of the Website is based in the State of Massachusetts, USA. We make no representations that materials on the Website are appropriate or available for use in other locations. If you access the Website from other locations, you are responsible for complying with local laws.

21. ENTIRE AGREEMENT

  1. These Terms of Use and the Privacy Policy contain the entire agreement between you and us regarding their subject matter and supersedes all prior communications, representations, warranties, stipulations, undertakings and agreement between the parties.

22. Effective Date

  1. These Terms of Use are effective as of 20th August 2013. These Terms of Use were last updated on 20th August 2013 and supersedes the previous terms of use which was effective from May 20, 2013 to 19th August 2013

23. Amendments

  1. Amendments to these Terms of Use made subsequent to the effective date of these Terms of Use will be described below.