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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
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THESE TERMS AND CONDITIONS.
Use of Materials on this Website/Copyright
WS Publishing Group maintains this website for
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The reproduction, modification, distribution,
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Without WS Publishing Group's prior written
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In the event of any permitted copying, redistribution
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All rights reserved.) and no changes in or deletion
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Trademarks
The trademarks, logos, and service marks (collectively
the "Trademarks") displayed on this
website are registered and unregistered trademarks
of WS Publishing Group and others. Nothing contained
on this website should be construed as granting,
by implication or otherwise, any license or
right to use any Trademark displayed on this
website without the written permission of WS
Publishing Group or such third party that may
own the Trademarks displayed on this website.
Your misuse of the Trademarks displayed on this
website, or any other Content on this website,
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Your Submissions
You agree that any creative or original materials
or any other creative suggestions, text, software,
music, sound, photographs, graphics, videos,
messages, ideas, notes, drawings, concepts,
marketing plans or other information that you
submit to us relating to this website or WS
Publishing Group products or services, by electronic
mail or otherwise, shall be deemed as non-confidential
and WS Publishing Group shall have no obligation
to respond and be free to reproduce, use, disclose
and distribute the information to others without
limitation, including but not limited to developing,
manufacturing, and marketing products incorporating
such information.
By submitting and/or posting Content to the
website, you automatically grant to WS Publishing
Group a royalty-free, perpetual, unrestricted,
irrevocable, non-exclusive and fully sub-licensable
right and license to use, reproduce, display,
modify, adapt, publish, edit, translate, distribute,
transmit, perform, create derivative work of
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of other works in any form, media, or technology,
whether now known or hereafter developed. Any
Content you transmit or post may be used by
WS Publishing Group or licensed to others by
WS Publishing Group for any purpose, including
but not limited to reproduction, disclosure,
transmission, publication, broadcast and posting.
You also agree that WS Publishing Group is free
to use any ideas, concepts, know-how or techniques
that you send us for any purpose.
WS Publishing Group respects the intellectual
property rights of others. Accordingly, WS Publishing
Group has the right to terminate the account
of any WS Publishing Group user who posts infringing
material on the Baby Journal website. As a user,
you are responsible for your own Content and
are responsible for the consequences of your
posting such Content. You must not do the following
things: post materials that are copyrighted,
unless you are a copyright owner or have the
permission of the copyright owner to post it;
post material that violates any law or infringes
on any intellectual property rights of others
or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing
to another user or any other person or entity;
post a sexually-explicit image; post or transmit
any advertisements, promotional materials, "junk
mail," "spam," chain letters,
pyramid schemes or any form of solicitation;
impersonate another person or misrepresent your
affiliation with any person or organization;
access the website to obtain a list of users
of the website; access or use any secure or
non-public areas of the website without authorization;
or frame or link to the website. Author(s) may
be held legally responsible for defamation or
invasion of privacy, as well as any damages
arising out of actions resulting from materials
submitted by you and posted by WS Publishing
Group. WS Publishing Group does not represent
or guarantee the truthfulness, accuracy, or
reliability of any Content posted by other users
or endorse any opinions expressed by users.
You acknowledge that any reliance on material
posted by other users will be at your own risk.
WS Publishing Group does not screen communications
in advance and is not responsible for screening
or monitoring material posted by users. If WS
Publishing Group becomes aware of any communication
that allegedly does not conform to these Terms
and Conditions, WS Publishing Group may investigate
the communication and determine in good faith
in its sole discretion whether to remove or
request the removal of the communication. WS
Publishing Group has no liability or responsibility
to you for performance or nonperformance of
such activities.
WS Publishing Group reserves the right to remove
Content, expel users and prevent their further
access to the website for violating these Terms
and Conditions or the law.
Disclaimer
Your use of this website is at your risk. WS
Publishing Group does not warrant or represent
that our Content is accurate, error-free, truthful
or reliable or that your use of such material
will not infringe rights of third parties. This
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of the website will be error free or that this
website or the server that makes it available
are free of viruses or other harmful components.
WS Publishing Group may make changes to the
materials and services on this site, including
the prices and descriptions of any products
or services listed herein, at any time without
notice, and reserves the right to correct any
errors on this website, including pricing errors
(in which case you will be given the option
to cancel your order). The materials or services
on this site may be out of date, and WS Publishing
Group makes no commitment to update such materials
or services. WS Publishing Group assumes no
responsibility for errors or omissions in the
information, documents, software, materials
and/or services which are referenced by or linked
to this site. If your use of this website or
our Content results in the need for servicing
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data, WS Publishing Group is not responsible
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References to other corporations, their services
and products, are provided "as is"
without warranty of any kind, either expressed
or implied. In no event shall WS Publishing
Group or its suppliers be liable to you or any
third party for any special, incidental, indirect
or consequential damages of any kind, or any
damages whatsoever, including, without limitation,
those resulting from loss of use, data or profits,
whether or not WS Publishing Group has been
advised of the possibility of such damages,
and on any theory of liability, arising out
of or in connection to the use of this site
or of any web site referenced or linked to/from
this site. Some jurisdictions prohibit the exclusion
or limitation of liability for consequential
or incidental damages, so the above limitations
may not apply to you. Any materials downloaded
or otherwise obtained through the site is done
at your own discretion and risk and with your
agreement that you will be solely responsible
for any damage to your computer system or loss
of data that results from the download of any
such materials. No advice or information, whether
oral or written, obtained by you from WS Publishing
Group or through or from the site shall create
any warranty not expressly stated in the terms
of use.
Without limiting the foregoing, everything
on our website is provided to you "AS IS"
AND "AS AVAILABLE" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. WS PUBLISHING GROUP MAKES
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL
CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE,
TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE
OBTAINED FROM USING THE WEBSITE. WS Publishing
Group does not make any representation about
the quality of any product, services, information
or other material purchased or obtained by you
via use of this website. WS Publishing Group
makes no warranty that (i) the services and
materials will meet your requirements, (ii)
the services and materials will be uninterrupted,
timely, secure, or error-free, (iii) the results
that may be obtained from the use of the service
or materials will be accurate or reliable, and
(iv) the quality of any products, services,
or information purchased or obtained by you
from the site will meet your expectations.
Some states or jurisdictions may not allow
the exclusion of implied warranties or limitations
on how long an implied warranty may last, so
the above limitations may not apply to you.
To the extent permissible, any implied warranties
are limited to ninety (90) days.
This website can be accessed from other countries
around the world and may contain references
to WS Publishing Group products, services, and
programs that have not been announced in your
country. These references do not imply that
WS Publishing Group intends to announce such
products, services or programs in your country.
Contact WS Publishing Group for further information
before relying on any information contained
herein.
Limitation of Liability
NEITHER WS PUBLISHING GROUP NOR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE
OF, OR INABILITY TO USE THIS WEBSITE AND OUR
CONTENT, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT WS PUBLISHING GROUP IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Please note that
some jurisdictions may not allow the exclusion
or limitation of liability for consequential
or incidental damages. As a result, some of
the above exclusions may not apply to you.
Links
WS Publishing Group has not reviewed all of
the sites linked to this website and is not
responsible for the availability, content or
accuracy of any pages or other sites linked
via this website. The inclusion of any link
to such sites does not imply endorsement by
WS Publishing Group of these sites. Your linking
to any other pages or sites is at your own risk.
You agree WS Publishing Group will not be liable
for any loss or damages you or any third party
may suffer in connection with third party pages
or sites. We encourage you to read the privacy
statements of all such sites, as their policies
may be materially different from our Privacy
Policy.
Termination
You agree that WS Publishing Group may terminate
your use of this website if it believes that
you have violated or acted inconsistently with
the letter or spirit of these Terms and Conditions,
or violated the rights of WS Publishing Group
or any third party, for any reason with or without
notice to you. You agree that WS Publishing
Group may modify or discontinue this website,
with or without notice to you. You agree that
WS Publishing Group will not be liable to you
or any third party as a result of such modification
or discontinuation. The provisions entitled
"Use of Materials on this Website,"
"Your Submissions," "Disclaimer,"
"Limitation of Liability," "Links",
"General Provisions", "Indemnity,"
"Trademarks", "Copyright"
and "Password" will survive termination
of this Agreement to use our website.
General Provisions
WS Publishing Group controls and operates this
website (excluding linked sites) from its offices
within the state of California, United States
of America, and makes no representation that
the material on the website is appropriate or
available for use in other locations, and accessing
them from territories where their contents are
illegal is prohibited. Those who choose to use
this site from other locations do so on their
own initiative, at their own risk, and are responsible
for compliance with applicable local laws. If
any portion of these Terms and Conditions 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 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 California, United States of
America, without regard to the conflicts of
law provisions. Any legal action or proceeding
relating to your access to, or use of, this
website or our Content will be instituted in
a state or federal court in San Diego County,
California, and you hereby agree to submit to
the personal jurisdiction of such courts.
Indemnity
You agree to defend, indemnify, and hold WS
Publishing Group, its officers, directors, employees
and agents, harmless from and against any claims,
actions or demands, including without limitation
reasonable legal and accounting fees, arising
from your use of this website, our Content,
or your breach of these Terms and Conditions.
WS Publishing Group shall provide notice to
you promptly of any such claim, suit, or proceeding
and shall assist you, at your expense, in defending
any such claim, suit or proceeding.
Password
You may receive a password in connection with
your use of this website. You will be responsible
to maintain the confidentiality of your password
and account, and will be solely responsible
for all activities that occur under your password
and account.
Privacy Policy
WS Publishing Group is committed to your right
to privacy and to taking steps to secure your
personal and financial information. The following
Privacy Policy explains our commitment to protecting
the privacy and ensuring the integrity of the
Internet and its users. By using our site, you
consent to the collection and use of your information
as described in this Privacy Policy. Any changes
to our Privacy Policy will be reflected on this
page and will be effective the date the changes
are posted. If you do not agree to the terms
of this Privacy Policy, you are not authorized
to use this site. WS Publishing Group is not
responsible for the content or privacy practices
of non-WS Publishing Group websites to which
WS Publishing Group or any other WS Publishing
Group web site may link or be linked via any
other party's website.
Your Information. WS Publishing Group, its
partners, and affiliates may collect personal
information necessary to respond to your requests
for our customized products and services and
to allow you to use the personalized resources
available on our website. Personal information
includes, but is not limited to, name, physical
address, email address, phone number, age and
any other information that itself identifies,
or when tied to the above information, may identify
you as a specific individual. WS Publishing
Group, its partners and affiliates may also
collect information related to your baby journal,
including dates and places of the birth, names
of family members, etc. WS Publishing Group
also uses order forms for you to request certain
information, products and services. On such
order forms, we may collect your contact information,
financial information (including credit card
numbers) and demographic information.
When you submit any personal information, you
understand and agree that WS Publishing Group,
its partners, and affiliates may access, store,
and use your customer profile in any of the
countries in which WS Publishing Group and its
affiliates maintain offices, including without
limitation the United States. We collect this
information for a variety of reasons, including
WS Publishing Group's effort to inform you of
new products, special offers, and other products
and services from WS Publishing Group WS Publishing
Group recognizes and appreciates the importance
of responsible use of the information you choose
to provide. WS Publishing Group may selectively
provide certain information to other companies
or organizations whose products or services
we think may interest you. If you do not want
the information you provide to WS Publishing
Group to be shared with other companies and
you indicate this preference when you provide
the information to WS Publishing Group, WS Publishing
Group will honor your preference.
WS Publishing Group and its partners may often
sponsor contests that you can enter. Your participation
in these contests is entirely optional. WS Publishing
Group may also conduct surveys online, via e-mail,
or by telephone. Your participation in these
surveys is entirely optional. Survey participants
are anonymous unless otherwise stated in the
survey.
WS Publishing Group makes chat rooms, forums,
message boards, bulletin boards and/or news
groups available to you on our website. Please
be aware that any information disclosed in these
areas becomes public information. You should
exercise caution when deciding to disclose your
personal information in any of these areas.
Use of Email Addresses. As part of your baby
journal process, WS Publishing Group may send
you e-mails reminding you of important dates
and tasks to be done. We may also send you occasional
updates, exclusive offers and coupons. At any
time, you can request to no longer receive e-mails
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without your prior permission.