TERMS OF SERVICE
By accessing the Website (defined below) or using the Services (defined below), you agree to be legally bound by these Terms (defined below). If you do not agree with these Terms, you must not access the Website or use the Services.
The definitions in this clause apply in these Terms. Services: The services provided by LoveToBaby.com Content: means all content contained in the Website, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of LoveToBaby.com. Post or Provide (or any derivative thereof): means to upload, post, transmit, share, store, submit, link to or otherwise make available on the Website. We, Us, and Our: mean and refer to LoveToBaby.com and its parents, subsidiaries or affiliates. Website: means any websites, web pages, and any subpages (including any mobile websites, web pages and subpages) under Symona Ventures Ltd’s control, whether partial or otherwise. This includes, but is not limited to, LoveToBaby.com, any subpages, and the website from which these Terms were accessed from. This also includes the Content. “You,” “Your,” and “User”: mean and refer to all individuals and/or entities who are accessing or using the Website or the Services for any reason. LoveToBaby.com: LoveToBaby.com is a registered trade mark of Symona Ventures Limited a company registered in England and Wales whose registered office is at Kemp House, 160 City Road, London, EC1V 2NX, UNITED KINGDOM
Terms: these terms and conditions of service.
User Content: any images, data, documents, materials and information you provide to LoveToBaby.com during your use of the Services including but without limitation the lists of items you have saved and anything else created by using the Services. Virus: anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things.
ACCEPTANCE, VARIATION, AND DISCONTINUANCE
REGISTRATION AND YOUR ACCOUNT
USE OF CONTENT CREATED BY YOU
You grant to LoveToBaby.com, our affiliates, and our partners a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish any User Content. LoveToBaby.com takes no responsibility and assumes no liability for any User Content that you or any other user of the Services posts, sends, or otherwise uses in connection with the Services. You agree that you shall solely be responsible for your User Content and the consequences of posting and publishing it, and that LoveToBaby.com is only acting as a passive conduit for the online distribution and publication of User Content. LoveToBaby.com reserves the right to terminate your access to the Website and/or your use of the Services if you infringe the intellectual property or other rights of any third party.
PROVISION OF THE SERVICES
Subject to these Terms, LoveToBaby.com agrees to provide the Services to you free of charge. LoveToBaby.com may include affiliate links on the Website to vendor's websites and in return LoveToBaby.com may receive money from such vendor's for purchases made by you, your family or friends from such vendor after clicking through the affiliate links. LoveToBaby.com shall use reasonable endeavours to provide the Services on and subject to the terms of these Terms provided always that: (a) LoveToBaby.com may change, suspend, or discontinue all or part of the Services at any time, with or without reason; and (b) the Services may not be available at all times due to either planned maintenance or unavailability of the Services caused by circumstances beyond LoveToBaby.com' control. You agree that the operation of the Services is reliant upon cooperation from third parties and the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and LoveToBaby.com shall not be responsible to you or any other party for any such interruptions, errors or problems or an outright discontinuance of the Services. You agree that LoveToBaby.com has no obligation to continue producing or releasing new versions of the Service. Subject to these Terms, LoveToBaby.com grants to you a non-exclusive, non-transferable right to use the Services solely for your own personal use provided that you agree that you shall not directly or indirectly use the Website and/or the Services to take any of the following actions: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; (b) publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content, or any content that, in the sole judgment of LoveToBaby.com, is deemed objectionable or inhibits any other person from using or enjoying the Website or Services, or which may expose LoveToBaby.com or its users to any harm or liability of any type; (c) Transmit files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage or adversely affect the operation of another person's computer, the Website, the Services, any software or hardware, or telecommunications equipment; (d) download any file that you know or reasonably should know cannot be legally obtained in such manner; (e) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; (f) restrict or inhibit any other user from using and enjoying any public area within the Website or any other website by any means; (g) undertake any activities that will disrupt the Website, the Services, or any other websites, servers, or networks; (h) impersonate any person or entity, including, but not limited to, a LoveToBaby.com representative, or falsely state or otherwise misrepresent your affiliation with any person or entity; (i) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Website or Services or to manipulate your presence on the Website; (j) take any action that imposes an unreasonably or disproportionately large load on our infrastructure or that causes such a load to be imposed on the infrastructure of another; or (k) engage in any illegal activities. You may display images of the lists you create on the Website on other websites for non-commercial use, provided that you do so with the embed code provided by LoveToBaby.com. You may not alter the embed code in any way. You may not distribute any other content from the Website without prior written consent from LoveToBaby.com.
RESTRICTIONS ON YOUR USE OF THE SERVICES
You agree not to access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or (f) in a manner that is otherwise illegal or causes damage or injury to any person or property; and LoveToBaby.com reserves the right, without liability or prejudice to its other rights to you, to disable your access to the Website and/or your use of the Services and/or access to any material that breaches the provisions of this clause. You agree that (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties) not to: (a) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers" that accesses the Website in a manner that sends more request messages to the LoveToBaby.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (b) collect or harvest any personally identifiable information, including account names, from the Website; (c) use the communication systems provided by the Website for any commercial solicitation purposes; (d) agree not to solicit, for commercial purposes, any users of the Website without explicit written permission from LoveToBaby.com; (e) copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute, grant a security interest in, or otherwise misappropriate or transfer any right to the technology or software underlying the Website or Services (which are the property of LoveToBaby.com); (f) modify the software underlying the Website in any manner or to use modified versions of such software. You agree not to attempt to circumvent any of the security, account control, or any other measures restricting access to any content on the Website or to any of its Services by any means.
THIRD PARTY WEBSITES AND CONTENT
You can cancel your LoveToBaby.com account at any time by contacting LoveToBaby.com. LoveToBaby.com reserves the right to cancel your LoveToBaby.com account, or otherwise refuse service to you, at any time for any reason. LoveToBaby.com may choose to assume that you intended to terminate your LoveToBaby.com account if you do not access it for more than six months. Following termination of your LoveToBaby.com account for any reason (including inactivity), LoveToBaby.com may continue or stop publicly displaying some or all of the information associated with your LoveToBaby.com account.
INDEMNITY BY YOU
You agree to defend, indemnify and hold harmless LoveToBaby.com, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any content you post, store or otherwise transmit on, to, or through the Website or your use of or inability to use the Website or the Services it provides, including without limitation any actual or threatened suit, demand or claim made against LoveToBaby.com, its independent contractors, service providers and consultants, and their respective directors, employees and agents, arising out of or relating to the content on the Website, the conduct of you or any other user, your or any other user's violation of these Terms or your violation of the rights of any third party.
LoveToBaby.com shall have no liability to you under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of LoveToBaby.com or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. 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 commercial intention of the parties. These Terms, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms. LoveToBaby.com may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms. These Terms do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999. In this Terms: (a) clause, schedule and paragraph headings shall not affect the interpretation of these Terms; (b) a person includes that person's legal and personal representatives, successors or permitted assigns; (c) words in the singular shall include the plural and vice versa; (d) a reference to one gender shall include a reference to the other genders; (e) a reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it; (f) a reference to writing or written includes e-mail; and (g) references to clauses are to the clauses of these Terms. These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).