About Our Site
Wabi Baby is a global brand recognized by discerning parents for innovation, great design and the highest quality in the baby products business. The Wabi Baby Site provides information about Wabi Baby and its products, allows consumers to find retailers of Wabi Baby products, and allows consumers to purchase Wabi Baby products directly through Wabi Baby.
In creating an account and/or posting any content to the Wabi Baby Site, you represent and warrant to Wabi Baby that all information provided is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, misrepresent your age or occupation, provide an email address, address or billing information other than your own, or create multiple accounts except as otherwise authorized by Wabi Baby.
Age Limits and Users under 13
This Site is not intended to be used by individuals 13 and younger. If you are not at least 13 years old, please do not set up a Wabi Baby online account.
General Restrictions On Use & Termination
You may only use the Wabi Baby Site and Wabi Baby Materials for your personal and non-commercial use. Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Wabi Baby Materials or the Wabi Baby Site, and you may not create derivative works based on any portion of the Wabi Baby Materials or Wabi Baby Site without the express written consent of Wabi Baby. Without limiting the generality of these Terms, you specifically agree not to use the Wabi Baby Materials in connection with any of the following, each as determined in the sole discretion of Wabi Baby:
- Any illegal or unauthorized use;
- Impersonation of any person or entity or falsely stating or misrepresenting your affiliation with another person or entity;
- Defaming, abusing, “stalking”, harassing, or threatening any other person;
- Harming minors in any way;
- Posting, storing, or otherwise using the Wabi Baby Materials in connection with any content that is obscene, illegal, or sexually explicit;
- Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity;
- Distributing unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other such messages for any purpose;
- Restricting or inhibiting any other user from accessing or using the Wabi Baby Site, including, but not limited to, by means of “hacking” or defacing any portion of the Wabi Baby Site;
- Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfering with, disrupting, or destroying the functionality or use of any features or portions of the Wabi Baby Site;
- Interfering with, disrupting, or destroying the servers or networks connected to the Wabi Baby Materials, or disobeying any rules or regulations applicable to such Materials, servers or networks, or taking any action that imposes or may impose (in the sole discretion of Wabi Baby) an unreasonable or disproportionately large load on Wabi Baby’s servers or infrastructure;
- “Hacking” or accessing without permission Wabi Baby’s proprietary or confidential records or those of any other third party or the account of any third party without permission;
- Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the Wabi Baby Materials;
- Violating any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information for your employer in breach of any employment, consulting, or non-disclosure agreement);
- Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from Wabi Baby or the Wabi Baby Site;
- Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the Wabi Baby Site or Wabi Baby Materials;
- Removing any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Wabi Baby Site
- Modifying, copying, publishing, licensing, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the Wabi Baby Site or any other Wabi Baby Materials or any portions thereof; and/or
- Violating any other term or condition governing your use of the Wabi Baby Site or any applicable federal, state, or local law or regulation.
By registering with Wabi Baby or purchasing a product from the Wabi Baby Site, you may receive periodic emails from Wabi Baby. These emails include, but are not limited to, notifications about your account or your use of the Wabi Baby Site, purchases or orders for Wabi Baby products, confirmations, newsletters, special offers, or other messages. We may also use your email address to respond to your customer service inquiries. If you would rather not receive email from Wabi Baby, please send an email to email@example.com and you will be unsubscribed from receiving further mailings. Please allow 7-10 business days for completion.
Intellectual Property Rights
The Wabi Baby Materials and the products featured on the Wabi Baby Site are protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise agreed in writing by Wabi Baby, all text, graphics, data or other content appearing on the Wabi Baby Site, including but not limited to visual interfaces, data, graphics, design, compilation, computer code, software, reports and other usage-related data, your account, and all other elements and components of the Wabi Baby Materials and Site are owned by Wabi Baby (collectively “Wabi Baby Content”). Wabi Baby Content is provided to you by Wabi Baby for the sole purpose of your personal and non-commercial use of the Wabi Baby Site. You SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the Wabi Baby Site or any information, software, or services provided by Wabi Baby hereunder. Wabi Baby Content may be modified from time to time by Wabi Baby in its sole discretion. Your use of the Wabi Baby Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Wabi Baby Site. Any unauthorized use of the content of the Wabi Baby Site may subject you to civil or criminal penalties.
No license is granted to you for any other purpose other than for personal and non-commercial use, and any other use of the Wabi Baby Content by You shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Wabi Baby or its licensors in the Wabi Baby Site and any associated IP Rights.
The word mark WABI BABY and the associated design are trademarks of Wabi Baby and may not be used without the prior, express, written permission of Wabi Baby. The names of brands or products featured or described on the Wabi Baby Site may be separately protected by trademarks owned and controlled by Wabi Baby. No license, right or interest in any trademarks of Wabi Baby is granted under this Agreement.
Unless otherwise expressly agreed to by the parties in writing, nothing herein shall grant any rights to you.
Your Representations About Your User Created Content
For any content you may upload, post, or otherwise submit to the Wabi Baby Site, you grant to Wabi Baby, its successors, assigns, and licensees, a perpetual, non-revocable, worldwide, transferrable, sublicensable, royalty-free, license to use, copy, display, transmit, perform, modify and create derivative works of your content, in all media now or hereafter known.
You represent and warrant that you are the sole, original creator of any and all content you may upload, post or submit to the Wabi Baby Site, that you did not copy or take any portion of the content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the content, have properly cited and credited such use, and have brought such use to Wabi Baby’s attention.
You also represent and warrant that no other person or entity has any rights in any content you post that would limit or restrict either your ability to comply with this Agreement or Wabi Baby’s rights in the content ability to fully use the content as contemplated herein.
If a minor appears in any content you submit to Wabi Baby, you represent and warrant that you are the parent or legal guardian of the minor or, if you are not the parent or legal guardian of the minor, you represent and warrant that you have obtained an affidavit from the parent or legal guardian of the minor to use the minor’s name/image/likeness/photo in your content.
Notice Of And Procedure For Claims Of Copyright Infringement
Wabi Baby respects the intellectual property and proprietary rights of others. In accordance with the Digital Millennium Copyright Act, Wabi Baby has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Wabi Baby Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Wabi Baby Site, please send Wabi Baby’s Designated Agent (identified below) a notice containing the following:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
(2) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
(3) A description of where the material that you claim is/are infringing is/are located on this site, including the URL, so that we can locate the material;
(4) Your address, telephone number and email address;
(5) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
(6) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all of the above-listed requirements of this Section, your DMCA notice may not be valid.
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING WABI BABY THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESINGATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
(1) Your physical or electronic signature;
(2) Description of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;
(3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(4) Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we may send a copy to the original complaining party informing the complainant that Wabi Baby may replace or enable the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Wabi Baby’s sole discretion.
YOU ARE USING THE WABI BABY SITE “AS IS.” IN NO EVENT SHALL WABI BABY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY USE OF THE SERVICES, THE WABI BABY SITE, OR THE WABI BABY CONTENT. ALL CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM ACCRUED OR WILL BE WAIVED.
THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Disclaimer Of Warranty
THE WABI BABY SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED ON THE WABI BABY SITE ARE PROVIDED TO USER ON AN “’AS IS” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. WABI BABY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING.
The Wabi Baby Site is provided to you without charge as a convenience and for your information only. By merely providing access to the Wabi Baby site, we do not warrant or represent that: the content is accurate or complete; the content is up-to-date or current; we have a duty to update any content; the content is free from technical inaccuracies or typographical errors; the content is free from changes caused by third party; and your access to the Wabi Baby Site will be free from interruptions, errors, computer viruses or other harmful components.
Links To Third Party Sites
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible.
You may not transfer or assign your rights and obligations under this Agreement (other than your right to receive payment resulting from winning any contest if applicable) without the prior, written consent of Wabi Baby. However, Wabi Baby may freely assign this Agreement without restriction.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against Wabi Baby unless such waiver is in writing signed by Wabi Baby.
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflicts of laws or other principles that provide for the application of the law of another jurisdiction. The prevailing party to any dispute shall be entitled to recover legal fees and other costs (including without limitation arbitration fees, disbursements, and collection costs). The Wabi Baby Materials and Site are intended to be offered from Wabi Baby’s location in the United States of America. Wabi Baby makes no representations that the Wabi Baby Materials or Site are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so as is and are responsible for compliance with local law.
Please send any notices, questions, comments, or concerns regarding the Site (other than notifications of claimed copyright infringement) to: firstname.lastname@example.org