Terms and Conditions
Welcome to Baby Gear Essentials, your trusted online source for honest and thorough reviews of baby products. By using our website, you acknowledge and accept these Terms and Conditions and agree to abide by them. If you do not consent to these Terms and Conditions, please refrain from using the Baby Gear Essentials website.
1. Acceptance of Terms and Conditions
This page lays out the Terms and Conditions under which you may use Baby Gear Essentials and the content/services available on the site (referred to as “Baby Gear Essentials Content”). Currently, we only provide these Terms and Conditions in English.
By accessing this website, you agree to adhere to these Terms and Conditions, as well as any other policies or guidelines posted on this website. If you do not accept these Terms and Conditions, we kindly ask that you do not use this website.
2. Definitions of Terms and Conditions
In these terms, we use “Baby Gear Essentials” to refer to our website at babygearessentials.com and our other services, including our newsletter. Any references in these Terms and Conditions to “Baby Gear Essentials” (or “we”, “us”, or “our”) pertain to the company operating babygearessentials.com. Please refer to Section 11 below for our corporate information.
In this document, ‘Affiliate Marketing’ denotes our partnerships with Amazon, Commission Junction, Share-A-Sale, among others, through which we earn a commission on purchases made via our affiliate links (for more information about our affiliates, please read our full Affiliate Disclosure). ‘Third-Party’ refers to our affiliate partners and any other external entities mentioned on our site. ‘User-Generated Content’ refers to any content, such as comments or reviews, posted by users.
3. Access and Use
Users are expected to use our site ethically, lawfully, and respectfully for personal, non-commercial use only. Users are also responsible for regularly checking for updates to the Terms and Conditions. Misuse of our site may result in temporary or permanent suspension of access.
Our ability to invest in high-quality journalism depends on our users complying with this section. Please read our Copyright Policy that summarizes 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 also agree that you will comply with our Copyright Policy.
Organizations or individuals 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. We reserve the right to monitor your use and terminate your access if it is determined that you have violated these Terms and Conditions or any other policies or posted guidelines.
5. Intellectual Property Rights
All the content present on Baby Gear Essentials, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Baby Gear Essentials or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Baby Gear Essentials and is also protected by international copyright laws.
Furthermore, all trademarks used or referred to on this website are the property of their respective owners. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks without the written permission of Baby Gear Essentials or such third party that may own the trademarks.
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 is provided elsewhere on the site. Any unauthorized use of the images or content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Users are granted a limited license to access and make personal use of this site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Baby Gear Essentials. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
6. Disclaimers and Limitations of Liability
Our content is provided “as is,” without any warranties, either express or implied. We do not assume responsibility for any inaccuracies, errors, or reliance on information contained in our content. The information, software, products, and services included in or available through Baby Gear Essentials may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Baby Gear Essentials and/or its suppliers may make improvements and/or changes in the site at any time.
To the maximum extent permitted by applicable law, in no event will Baby Gear Essentials and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Baby Gear Essentials or any of its suppliers has been advised of the possibility of damages.
7. User-Generated Content
Baby Gear Essentials may include comments sections, blogs and other interactive features that allow interaction 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.
Baby Gear Essentials contains 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 firstname.lastname@example.org.
8. Third Party Sites and Services
Baby Gear Essentials 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.
Baby Gear Essentials contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted complies with international and national law. Baby Gear Essentials is not responsible for any error or inaccuracy in advertising or sponsorship material.
9. Our Responsibilities To You
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.
10. 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.
11. Corporate Information
Baby Gear Essentials is the publisher of the babygearessentials.com website.
12. Changes to Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time. It is the responsibility of users to check for updates regularly. Continued use of our site signifies your agreement to these changes. These Terms and Conditions were updated on October 19, 2023.
For any questions about these Terms and Conditions or to report violations, please feel free to reach out and contact us.