This Agreement was posted to this website on November 8, 2013 and was last updated on this date. This Agreement may be amended from time to time. You should visit this page regularly to keep yourself informed of the most current version of this Agreement as the content is subject to change without notice to you of any kind.
For the purposes of this Agreement CelebrityBabyTrends.com and Rachel Florio PR, LLC shall collectively be referred to as “CelebrityBabyTrends.com.” In addition, the terms “us”, “we” and “our” refer to CelebrityBabyTrends.com as defined in this paragraph. The term “you” refers to each individual user of our website.
Grant of Right of Use and Access
We hereby grant you the right to access and use the website provided that you are in agreement with and will continue to acknowledge and/or abide by the following terms and conditions:
- The written content, information, materials, images, photographs and other content contained on the pages of this website (collectively the “Content”) are for your personal information and use only and shall not be used by you for any commercial or other purposes whatsoever.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content found or offered on this website for any particular purpose. You acknowledge that such Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- You assume any and all risks related to your use of and/or access to the website, as well as the Content on this website, and we shall not be liable for any damages you sustain as a result of these risks.
- You agree that you will not download, copy, reproduce display, distribute, transmit or publish, either in whole or in part, any of the Content on this website without our prior written consent.
- You acknowledge that your use of and/or access to this website in a manner which is not authorized by the terms and conditions of this Agreement may give rise to a claim for damages against you and/or may constitute a criminal offense.
- You may not change or edit any part of the website or the Content.
- You may not sell advertising on the website.
- You acknowledge that your use of and/or access to this website and the Content does not give you any right, title or interest of any kind in the website or the Content.
- You acknowledge that your right to use and/or access the website may be restricted, limited or discontinued by us at any time in our sole discretion. We also reserve the right to discontinue this website, or any aspect of the website, at any time.
- You are in compliance with all of the other terms and conditions of this Agreement.
This website is owned by CelebrityBabyTrends.com. All right to, title to, and interest in the Content displayed on the website, including but not limited to the website’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of CelebrityBabyTrends.com or its respective partners, agents, or third parties.
Website Intended Audience
This website is intended for and directed to adults in the United States only. This website is not intended for any children under the age of 13.
The information communicated on the website constitutes an electronic communication. When you communicate with us through the website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Compliance With Laws
You agree to comply with all applicable local laws regarding your use of the website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (“User Content”) are the sole responsibility of the person with whom the User Content originated. Thus, you are responsible for all User Content that you disseminate or transmit through or by means of the website.
You agree that you will not use the website in any way to:
- post, disseminate, or transmit any User Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy;
- post, disseminate, or transmit any User Content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
- impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any User Content transmitted through the website;
- post, disseminate, or transmit any User Content you do not have the right to post, disseminate, or transmit;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- interfere with, disrupt, or harm in any way the website or servers or networks connected to the website;
- electronically stalk or otherwise harass another user;
- collect or store personal data about other users;
- engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
- use the website for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other website’s providers, websites, chat rooms, or the like; or
- intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law.
Protection of Intellectual Rights and License
You acknowledge that content available through the website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers, is protected by copyrights, trademarks, patents, or other proprietary rights and laws (“Intellectual Property Rights”). Except as expressly authorized by CelebrityBabyTrends.com herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the website or any content (including, without limitation, any software) available through the website. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the website in any way, for any commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of CelebrityBabyTrends.com. You may not frame any trademark, logo, or other proprietary information on this website without the express written consent of CelebrityBabyTrends.com. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of CelebrityBabyTrends.com’s Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
User Content and Correspondence
You acknowledge that CelebrityBabyTrends.com does not generally prescreen Content, but that CelebrityBabyTrends.com and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the website. CelebrityBabyTrends.com reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, CelebrityBabyTrends.com and its designees will have the right to remove any Content that violates the Agreement or that CelebrityBabyTrends.com considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the website, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree that CelebrityBabyTrends.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the Agreement;
- respond to claims that any Content violates the rights of third parties; or
- protect the rights, property, or personal safety of CelebrityBabyTrends.com, its users, and the public.
- represent and warrant to CelebrityBabyTrends.com that you have all necessary permission to post or transmit Content; and
- grant to CelebrityBabyTrends.com a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
CelebrityBabyTrends.com is not responsible for the accuracy of any messages posted on this site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Any comments, materials, or letters sent by you to CelebrityBabyTrends.com regarding the website, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”) shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is confidential. CelebrityBabyTrends.com will have no obligation of any kind with respect to Received Materials that you do not restrict and CelebrityBabyTrends.com will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. Furthermore, CelebrityBabyTrends.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to CelebrityBabyTrends.com, whether you restrict their distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
Storage of Content
You agree that CelebrityBabyTrends.com may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the website. You agree CelebrityBabyTrends.com has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through the website.
Your Contact With Advertisers or Other Third Parties
Your dealings with advertisers or other third parties found on or through the website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. CelebrityBabyTrends.com does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that CelebrityBabyTrends.com will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the website.
Links to Other Websites
CelebrityBabyTrends.com, or third parties on CelebrityBabyTrends.com, may provide links to other sites and/or resources, including advertisers, over which CelebrityBabyTrends.com has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by CelebrityBabyTrends.com of content, items, or services on those third-party websites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. CelebrityBabyTrends.com makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that CelebrityBabyTrends.com has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.
Linking to CelebrityBabyTrends.com
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CelebrityBabyTrends.com so long as the link does not portray CelebrityBabyTrends.com, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any CelebrityBabyTrends.com logo or graphic or trademark as part of the link without the express written permission of CelebrityBabyTrends.com. CelebrityBabyTrends.com reserves the right to revoke such a license at any time, for any or no reason.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEBSITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. CelebrityBabyTrends.com AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE CelebrityBabyTrends.com STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, CelebrityBabyTrends.com AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
Disclaimer of Warranties With Respect to Use of Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CelebrityBabyTrends.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. CelebrityBabyTrends.com DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. CelebrityBabyTrends.com MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CelebrityBabyTrends.com OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CelebrityBabyTrends.com OR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS OR AFFILIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
- THE USE OF, OR THE INABILITY TO USE, THE WEBSITE;
- THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE;
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- ANY ERRORS, INACCURACIES OR OMISSIONS CONTAINED IN ANY OF THE CONTENT;
- ANY PERSONAL INJURIES OR PROPERTY DAMAGE RESULTING TO YOU OR ANY THIRD PARTY FROM YOUR USE OF AND/OR ACCESS TO THE WEBSITE;
- ANY UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION BY ANY THIRD PARTIES THROUGH THE WEBSITE;
- ANY VIRUSES OR TROJAN HORSES YOU MAY ACQUIRE DUE TO YOUR USE OF AND/OR ACCESS TO THE WEBSITE;
- THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
- ANY OTHER MATTER RELATING TO OR IN CONECTION WITH THE WEBSITE.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT CelebrityBabyTrends.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless CelebrityBabyTrends.com, its owners, directors, officers, employees, agents, co-branders and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the website; (ii) content you submit, post, or transmit through the website; (iii) your breach of the Agreement; and (iv) your connection to the website.
“Celebrity Baby Trends” is a trademark of CelebrityBabyTrends.com. The CelebrityBabyTrends.com logo and design, CelebrityBabyTrends.com, and other marks are trademarks or service marks of CelebrityBabyTrends.com. All other trademarks and service marks are the property of their respective owners. You may not use or display any trademarks or service marks owned by CelebrityBabyTrends.com without our prior written consent. You may not use or display any other trademarks or service marks displayed on this site without the permission of their owners.
Modification or Suspension of the Website
You agree that CelebrityBabyTrends.com may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this website, or any part thereof, temporarily or permanently, without notice to you, and you agree that CelebrityBabyTrends.com will not be liable for the consequences of doing so.
You agree that CelebrityBabyTrends.com may, in its sole discretion, and at any time, terminate your use of the website, and may remove or delete any or all of your Content within the website, without prior notice to you for any reason that CelebrityBabyTrends.com, in its sole discretion, deems appropriate. You further agree that CelebrityBabyTrends.com will not be liable to you or to any third party for the consequences of any termination of your use of or access to the website. In the event of any termination of your use of or access to the website, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of the Agreement is found by a court of competent jurisdiction or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Limitations of Actions Brought Against CelebrityBabyTrends.com
You agree that any claim or cause of action arising out of your use of the website or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
The Agreement and the resolution of any dispute related to the Agreement, the website, or items you purchase through the website shall be governed by and construed in accordance with the laws of Connecticut, without giving effect to any principles of conflicts of law. Any legal action or proceeding between CelebrityBabyTrends.com and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Connecticut, County of Fairfield, and you agree to submit to the personal and exclusive jurisdiction of such courts.
This website is the copyright of CelebrityBabyTrends.com, effective 2013, all rights reserved. The content contained on this website is the copyright of CelebrityBabyTrends.com.
You may not, except with our express written permission, or without the express written permission of the copyright holder of any content supplied to the website by any third party, commercially distribute or exploit any of the content of the website. You may also not transmit any content, store it in any other website or other form of electronic retrieval system, or manipulate or alter any content in any manner.
Digital Millennium Copyright Act Notice
If you are a copyright owner or an agent thereof and believe that any use of, or text or images posted on this website, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The address for our designated Copyright Agent, as registered with the United States Copyright Office, to receive notifications of claimed infringement is:
c/o Rachel Florio PR, LLC
32 Aberdeen Way
Southport, CT 06890
Email: info@CelebrityBabyTrends.com (put “Attention Copyright Agent” in the reference line).
Successors and Assigns
The terms and conditions of this Agreement will inure to the benefit of CelebrityBabyTrends.com, its affiliates and each of its respective successors and assigns. The terms and conditions of this Agreement will be binding on you and your heirs, executors, administrators, any permitted assigns, and your personal representatives.
No waiver, express or implied, by either party of any breach of or default under this
Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Any rights not expressly granted to you by this Agreement are hereby reserved to CelebrityBabyTrends.com.