Effective date: 2021-01-01
3. LINKS TO AND FROM THE SERVICE The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Clbabyandkids. Clbabyandkids has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Clbabyandkids will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE Clbabyandkids, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE Clbabyandkids PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use, privacy policies and other applicable governing documents for each other website or online service that You visit.Except as You have otherwise agreed with Clbabyandkids in writing, You may link to the Website from Your website, subject to the following: (1) You may not frame the Website or any portion of the Website; (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Clbabyandkids name and not any Clbabyandkids logo or other logo owned by Clbabyandkids; (4) You may not use any Clbabyandkids logo in any way; (5) You may not use the link in any way that suggests that Clbabyandkids is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Clbabyandkids or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Website at any time for any reason or no reason.
4. Restrictions on Use of the ServiceIn Your use of the Service, You will not:
6. INTELLECTUAL PROPERTY Everything You see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs,interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Clbabyandkids, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Clbabyandkids owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Service may violate copyright, trademark, and other laws. For Your personal, non-commercial use, You may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Clbabyandkids reserves all rights not expressly granted in and to the Service and the Content. You agree not to access, use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Clbabyandkids in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Clbabyandkids. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.7. Advertisements/releaseClbabyandkids takes no responsibility for advertisements or any third party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with profiles or other Content on the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Clbabyandkids is not liable for any loss or claim between You and any Advertiser.YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE Clbabyandkids PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULLEST EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
8. WARRANTIES You warrant and represent to Clbabyandkids as set out below: a) The information provided to Clbabyandkids in any registration screen, profile, email, telephone call or through other means including all personal details, contact details and all other data provided to Clbabyandkids, is true in all respects, up-to-date and not misleading in any way.b) You will keep the information referred to in paragraph (a) up to date.c) You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person's identity.d) You will comply with all applicable laws and regulations in Your use of the Service.e) You will keep Your log-in details and password secure and will not share such information with third parties.
13. SUBPOENA FEES If Clbabyandkids has to provide information in response to a subpoena related to Your account, then we may charge You for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
17. EXPORT CONTROL Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which You reside.