TERMS AND CONDITIONS
This Website is provided to you (the “user”)
by The Make Baby Laugh! Company LLC and its affiliates on the condition
that you accept the terms of use. By using this site, you agree
to abide by these terms. If you do not agree to these terms, please
discontinue your use of this site immediately. Please read the following
terms and conditions carefully and be sure you understand them.
Your use of the Website constitutes acceptance of the terms and
conditions outlined in it (the “Agreement”). We reserve
the right to change these terms from time to time so it is important
that you review these terms every time you use the Website. Continued
use of the site following any such change means you accept and will
abide by the change, Click here to read our Privacy Policy.
Use of Materials on this Website
The Make Baby Laugh! Company LLC maintains this
Website for your personal entertainment, information, education,
and communication. Please feel free to browse the Website. You may
NOT reproduce, distribute, modify, display, publish, perform, license
or prepare derivative works based on, repost, transmit or otherwise
use the content of this Website WITHOUT The Make Baby Laugh! Company
LLC’s PRIOR WRITTEN PERMISSION. You may view and download one copy
of the material in temporal storage on one computer for your PERSONAL,
NONCOMMERCIAL HOME VIEWING OR USE ONLY, provided you do not delete
or change any copyright, trademark, or other legal or proprietary
notices. Except as expressly provided above, nothing contained herein
shall be construed as conferring any license or right under any
copyright or any other intellectual property right. If you are an
owner of intellectual property who believes their intellectual property
has been improperly posted or distributed via this Website, please
notify The Make Baby Laugh! Company, LLC immediately at: P.O. Box
6376, Evanston, IL 60204-6376 Attention: Legal Department. Any use
of the materials, other than as explicitly permitted in the above
paragraph, is a violation of The Make Baby Laugh! Company LLC’s
copyright and other proprietary rights.
User Postings, Contributions & Submissions
If you participate in any bulletin boards, discussions,
or other forum within the site, you agree not to use language that
is threatening, abusive, vulgar, discourteous, libelous, defamatory,
obscene, fraudulent, harmful, that violates the property rights
of others (including without limitation infringing use of a copyright
or trademark), that violates the privacy or publicity right of others,
or that is in violation of applicable laws. You also agree not to
post or transmit information or materials that would violate rights
of any third party or which contain a virus or other harmful component.
The Make Baby Laugh! Company, LLC reserves the right to edit or
remove messages or materials submitted by you. ) In addition, users
may not use this site to conduct any activity that is illegal or
that violates the rights of others and users may not use this site
to advertise or sell products or services to others; Bulletin boards
and chat rooms contain the opinions and views of other users. The
Make Baby Laugh! Company LLC is not responsible for the accuracy
of any messages on this site and you should always consult a qualified
professional before relying on any information you find on this
site.
By communicating with The Make Baby Laugh! Company, LLC or participating
in any forum on the site, you grant to The Make Baby Laugh! Company,
LLC an irrevocable, transferable and worldwide right to use, reproduce,
publicly perform and display, distribute, sublicense, and sell any
suggestions, ideas, concepts or other information communicated to
The Make Baby Laugh! Company, LLC for any purpose Make Baby Laugh!
chooses, commercial or otherwise, without any compensation to you.
If a user chooses to post material they represent that such material
is unique to the user or used with permission of the copyright holder,
and assigns to The Make Baby Laugh! Company, LLC ownership of such
material. The Make Baby Laugh! Company LLC has no responsibility
for the content of any material posted by users, but The Make Baby Laugh! Company, LLC reserves the right in its sole discretion to
(i) edit or delete any documents, information or other material
submitted to or appearing on this site, and (ii) refuse access to
the site to any user that violates this agreement.
Communications to The Make Baby Laugh! Company, LLC
Make Baby Laugh likes to hear from you. However,
in your communications with Make Baby Laugh!, please keep in mind
that we do not accept or consider any creative ideas or suggestions
relating to products or marketing plans unless it has specifically
requested them. Therefore, please do not send any creative or original
materials such as ideas for toys, games, or other products, or any
other creative suggestions, ideas, notes, drawings, concepts, or
other information. Any communication or material you transmit to
the Website by electronic mail or otherwise, including any personal
data, questions or answers, activities, comments, suggestions, or
the like becomes the property of The Make Baby Laugh! Company LLC
and will be treated as non-confidential and nonproprietary. Anything
you transmit or post may be used without compensation to you by
Make Baby Laugh!Association or its affiliates or licensed to others
by Make Baby Laugh! or its affiliates for any purpose, including
but not limited to mailing list rental, product or service solicitations,
reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, The Make Baby Laugh! Company, LLC is free
to use any ideas, concepts, know-how, or techniques contained in
any communication you send to the Website for any purpose whatsoever,
including but not limited to developing, manufacturing, and marketing
products using such information.
Disclaimer
This Site provides information of a general nature
and is designed for educational and entertainment purposes only
and is not meant to be a substitute for medical, health, legal,
or financial advice from a professional. Consult with your professional
for any specific medical, health, legal, or financial concern. The
Make Baby Laugh! Company LLC does not endorse any of the treatments,
medications, or products discussed herein.
The material in this site could include technical
inaccuracies or other errors. Your use and browsing of the Website
is at your risk. Neither Make Baby Laugh!, Inc. nor any other party
involved in creating, producing, or delivering the Site shall be
liable for any direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, the Site. The
Make Baby Laugh! Company LLC does not warrant that the functional
aspects of the Website will be uninterrupted or error free or that
this Website or the server that makes it available are free of viruses
or other harmful components. If your use of this Website or the
material contained on the Website results in the need for servicing
or replacing property, material, equipment, or data, The Make Baby Laugh! Company LLC is not responsible for those costs.
Without limiting the foregoing, THE MATERIALS IN
THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, MME AND ITS LICENSORS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED
TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL MME, LICENSORS,
OR OTHER SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF
OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY
TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBLITY OF DAMAGES.
BECAUSE SOME STATES/JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Make Baby Laugh!’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE. The Make Baby Laugh! Company, LLC reserves the right
to make changes to this Website at any time without notice. The
Make Baby Laugh! Company, LLC DOES NOT WARRANT THAT THE SITE WILL
BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE,
COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER
ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.
Links
As a convenience for Users, the site contains
links and pointers to Internet sites maintained by third parties
The Make Baby Laugh! Company LLC has not reviewed all of the sites
linked to this Website and is not responsible for the contents of
any off-site pages or any other sites linked to this Website. The
inclusion of any link to such sites does not imply endorsement by
Make Baby Laugh! of the sites. Your linking to any other off-site
pages or other sites is at your own risk. The Make Baby Laugh! Company
LLC and its suppliers do not operate or control, in any respect,
or necessarily endorse the content found on such third-party sites.
You assume sole responsibility for your use of third-party links
and pointers.
General Provisions and Limitation of Liability
The Make Baby Laugh! Company LLC may revise these
terms from time to time by updating or revising this posting, with
the revised terms taking effect as of the date of its posting. The
Make Baby Laugh! Company LLC controls and operates this site from
its headquarters in Evanston, Illinois, United States of America
and makes no representation that these materials are appropriate
or available for use in other locations. If you choose to access
this site, you do so on your own initiative and risk and you are
responsible for compliance with all applicable laws. If any portion
of these terms is held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law to the greatest
extent possible and the remainder of the provisions shall remain
in full force and effect. Any cause of action you may have against
The Make Baby Laugh! Company, LLC, or any of their respective affiliates,
subsidiaries, employees, shareholders, officers, directors or agents
with respect to this Website must be commenced within one year after
the claim or cause of action arises or such claim or cause of action
is barred. These terms will be governed by and construed in accordance
with the laws of the State of Illinois, United States of America,
without regard to its conflicts of law provisions. Any legal action
or proceeding relating to your access to, or use of, the Website
or Make Baby Laugh!material must be instituted in state or federal
court in Cook County, Illinois.
Copyrights
You should assume that everything you see or
read on the Website is copyrighted unless otherwise noted and may
not be used except as provided in these Terms and Conditions or
in the text on the Website without the written permission of The
Make Baby Laugh! Company, LLC . The Make Baby Laugh! Company, LLC
neither warrants nor represents that your use of materials displayed
on the Website will not infringe upon rights of third parties not
owned by or affiliated with The Make Baby Laugh! Company LLC. Images,
photographs, or illustrations displayed on the Website are either
the property of, or used with permission by, The Make Baby Laugh!
Company LLC The use of these materials by you, or anyone else authorized
by you, is prohibited unless specifically permitted by these Terms
and Conditions or specific permission provided elsewhere on the
Website. Any unauthorized use of the images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
Trademarks
The trademarks, logos, and service marks (collectively,
the “Trademarks”) displayed on this Website are registered
and unregistered trademarks of The Make Baby Laugh! Company LLC, its
affiliates and other third parties. Nothing contained on the Site
should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on this Website
without the written permission of The Make Baby Laugh! Company LLC,
or its affiliates or such third party that may own the Trademark
displayed on the Site. Your misuse of the Trademarks displayed on
the Site, or any other content on the Site, except as provided herein,
is strictly prohibited
INDEMNIFICATION
You agree to indemnify and hold harmless The
Make Baby Laugh! Company, LLC , and their respective affiliates,
subsidiaries, employees, shareholders, officers, directors, agents,
suppliers, and other third parties assisting in the operation of
the site from any claims, liabilities, and expenses (including reasonable
attorney’s fees) that may arise from your use of the site in any
way or from your breach of the terms of this Agreement.
TERM AND TERMINATION
This Agreement is effective until terminated
by The Make Baby Laugh! Company LLC for any reason, with or without
notice. Upon any termination of this Agreement, you agree to discontinue
your use and access of the site and immediately destroy all materials
obtained from it.
MISCELLANEOUS
The Make Baby Laugh! Company LLC reserves the
right to make any and all changes to the Site at its sole discretion
without notice to users. The Make Baby Laugh! Company LLC reserves
the right to deny access to the Site to anyone at any time, and
to terminate this Agreement at any time without notice in its sole
discretion. This Agreement shall be deemed to include all other
notices, policies, disclaimers, and other terms contained in the
Site; provided, however, that in the event of a conflict between
such other terms and the terms of this Agreement, the terms of this
Agreement shall control.
This Agreement is governed by the laws of the State of Illinois,
U.S.A., without regard to conflicts of law provisions. You consent
to the exclusive jurisdiction and venue of courts in Cook County,
Illinois, U.S.A. in all disputes arising out of or relating to the
use of the Site. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph.
If any part of this Agreement 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, then the
invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the Agreement shall
continue in effect.
This Agreement constitutes the entire agreement
between you and The Make Baby Laugh! Company LLC with respect to
the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between you
and Make Baby Laugh! with respect to the Site. A printed version
of this Agreement and of any notice given in electronic form will
be admissible in judicial or administrative proceedings based upon
or relating to this Agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form.
Any rights not expressly granted herein are reserved
to The Make Baby Laugh! Company, LLC
Effective Date: 6/26/03
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