Please read this carefully because it sets out the terms of a legally binding agreement between you and Baby Gear Essentials. These terms also apply if you subscribe to receive our newsletter.
Index to sections:
- Access and use
- User generated content
- Third party sites and services
- Our responsibilities to you
- Choice of law and jurisdiction
- Content ownership
- Corporate information
- Changes to terms and conditions
This page sets out the terms and conditions on which you may use Baby Gear Essentials and the content/services available on the site (which we call “Baby Gear Essentials Content”). We only make these terms and conditions available in the English language.
In these terms we use the term “Baby Gear Essentials” to refer to our website at babygearessentials.com and our other mobile and online digital apps and services.
Except where we state otherwise in Section 4, references in these terms and conditions to “Baby Gear Essentials” (or “we”, “us” or “our”) refer to the company operating babygearessentials.com. See Section 9 below for our corporate information.
2. Access and Use
Our ability to invest in high-quality journalism depends on our users complying with this Section 2. Please read our Copyright Policy that summarises how you are allowed to use the Baby Gear Essentials Content and provides guidance on the types of use we do not permit without the purchase of additional licenses from Baby Gear Essentials. You agree that you will comply with our Copyright Policy.
Organisations that may be using Baby Gear Essentials Content without the appropriate permissions may approach us with a view to discussing the purchase of a license to legitimize that use.
You are responsible for all use of babygearessentials.com made by you or anyone else using your ID and for preventing unauthorized use of your ID. If you believe there has been any breach of security such as the disclosure, theBaby Gear Essentials or unauthorized use of your ID or any payment information, you must notify Baby Gear Essentials immediately by contacting us at firstname.lastname@example.org.
If you provide Baby Gear Essentials with an email address that will result in any messages Baby Gear Essentials may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you promise that you are entitled to receive those messages. You also agree that Baby Gear Essentials may stop sending messages to you without notifying you.
4. User-Generated Content
babygearessentials.com may include comments sections, blogs and other interactive features that allow interaction between users and between users and Baby Gear Essentials editors. We call these “User Generated Content” or “UGC”.
You will retain ownership of the copyright in any of your UGC that you or we publish on babygearessentials.com so you are free to re-use it as you wish. You agree that if you post UGC then you are granting Baby Gear Essentials a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on babygearessentials.com or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.
You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.
You agree that you will:
- only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
- not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other forms of unsolicited communication.
- not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
- not post, link to or otherwise publish any UGC that is threatening, offensive, libelous, indecent or otherwise unlawful.
- not post comments that are discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
- respectfully challenge different points of view but not personally attack other commentators.
- not disguise the origin of any UGC and not impersonate any person or entity (including Baby Gear Essentials employees or guests or hosts) or misrepresent any connection with any person or entity.
- not post or otherwise publish any UGC unrelated to babygearessentials.com or the babygearessentials.com’s topic.
- not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of babygearessentials.com or any computer software or equipment.
- not collect or store other users’ personal data.
- not restrict or inhibit any other user from using babygearessentials.com.
babygearessentials.com contain UGC submitted by users over whom Baby Gear Essentials has no control so we cannot, therefore, guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.
It is not possible for Baby Gear Essentials to fully monitor all UGC published on babygearessentials.com but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from babygearessentials.com and act accordingly. This may include banning a user from participation in UGC on babygearessentials.com.
Our moderation and community team may contact you from time to time regarding your comments. Comments, including those made under a pseudonym, can be linked to your babygearessentials.com account by Baby Gear Essentials.
If you believe that any UGC published on babygearessentials.com infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at email@example.com.
5. Third Party Sites and Services
babygearessentials.com may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call “Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with Baby Gear Essentials and so include Baby Gear Essentials’ trademarks.
babygearessentials.com contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on babygearessentials.com complies with international and national law. Baby Gear Essentials is not responsible for any error or inaccuracy in advertising or sponsorship material.
Copyright in any software that is made available for download from babygearessentials.com belongs to Baby Gear Essentials or its suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with the software. Do not install or use any of this software unless you agree to such license agreement. Baby Gear Essentials is not responsible for any technical or other issues that may happen if you download third party software.
6. Our Responsibilities To You
A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, Baby Gear Essentials accepts responsibility (liability) to you for your use of babygearessentials.com or the Baby Gear Essentials Content or in respect of any third party products or services that we refer to or link to on babygearessentials.com. We accept no financial responsibility to you arising from your use of babygearessentials.com or the Baby Gear Essentials Content.
In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on babygearessentials.com. By Third Party Products we mean products or services provided by third parties.
Limitations of Baby Gear Essentials Content:
The Baby Gear Essentials Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the Baby Gear Essentials Content, including UGC and any other content provided by third parties and distributed by babygearessentials.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Baby Gear Essentials. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) babygearessentials.com are at your own responsibility and entered into at your own risk. Any information that you receive via babygearessentials.com, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.
What we promise:
Baby Gear Essentials promises to develop and operate babygearessentials.com with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware.
What we do not promise:
Baby Gear Essentials does not provide any other promises or warranties about babygearessentials.com and the Baby Gear Essentials Content. babygearessentials.com and the Baby Gear Essentials Content are provided on an “as is” and “as available” basis. This means that Baby Gear Essentials does not make any promises in respect of babygearessentials.com or the services and functions available on or through babygearessentials.com or of the quality, completeness or accuracy of the information published on or linked to from babygearessentials.com other than as expressly stated above.
The above disclaimers apply equally to your use of babygearessentials.com and all Baby Gear Essentials Content. Without limiting the above, Baby Gear Essentials is not liable for matters beyond its reasonable control. Baby Gear Essentials does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.
Our financial responsibility to you:
You agree that we are not responsible to you for any damages that you may incur arising out of your use of babygearessentials.com or the Baby Gear Essentials Content
The limitations of liability in this section 6 apply for the benefit of Baby Gear Essentials, its affiliates and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions.
To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the Baby Gear Essentials Content.
7. Choice of Law and Jurisdiction
If you are a user whose principal address or principal use of babygearessentials.com occurs in any jurisdiction other than the United States then these terms and conditions will be subject to English law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of England will (subject to the final paragraph in this Section 7) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
If you are a user whose principal address or principal use of babygearessentials.com occurs in the United States then these terms and conditions will be subject to the laws of the State of New York, without regard to its conflict of laws provisions. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of the State of New York will (subject to the final paragraph in this Section 10) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any company within Baby Gear Essentials’ group of companies but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions constitute the entire agreement between you and Baby Gear Essentials relating to your use of the babygearessentials.com website, Baby Gear Essentials’s mobile and other online services, and the Content. They supersede all previous communications, representations, and arrangements, either written or oral.
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9. Content ownership
All Baby Gear Essentials Content belongs to Baby Gear Essentials or its licensors who own all intellectual property rights (including copyright and database rights) in the Baby Gear Essentials Content and any selection or arrangement of the Baby Gear Essentials Content. No intellectual property rights in any Baby Gear Essentials Content are transferred to you. ”Baby Gear Essentials” is a registered trademark and you may not use it without written permission from Baby Gear Essentials. You are permitted to use Baby Gear Essentials Content only as set out in our Copyright Policy.
10. Corporate Information
Baby Gear Essentials is the publisher of the babygearessentials.com website.
11. Changes to Terms and Conditions
These terms and conditions were published on January 2, 2019.