(last updated on 20th August 2013)
1. INFORMATION ABOUT US.
- 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
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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
- 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
- FRAUD OR FRAUDULENT MISREPRESENTATION;
- PERSONAL INJURY OR DEATH RESULTING FROM OUR NEGLIGENCE;
- OUR BREACH OF OUR STATUTORY OBLIGATION TO PROVIDE THE WEBSITE AND RELATED SERVICES WITH REASONABLE SKILL AND CARE; OR
- ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE, OR ATTEMPT TO EXCLUDE, OUR LIABILITY.
- IN NO EVENT SHALL WE BE RESPONSIBLE FOR:
- INDIRECT LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND US;
- PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES;
- LOSS OF INCOME OR REVENUE;
- LOSS OF BUSINESS;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF DATA; AND
8. YOUR LIABILITY TO US
9. PRIVACY, SECURITY, INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
10. SUBMITTING FEEDBACK
- 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.
11. VIRUSES, HACKING AND OTHER OFFENSES
- 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.
- 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.
- 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
- 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
- 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.
- 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
- 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:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
- your address, telephone number, and e-mail address;
- 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;
- 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.
- Our agent for notice of claims of copyright infringement on the Website can be reached at: firstname.lastname@example.org
15. JURISDICTION AND APPLICABLE LAW; LIMITATION PERIOD
- 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.
- 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.
19. WEBSITE FOR USE BY US RESIDENTS
- 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.
- 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
22. Effective Date