The Services are operated by Babee Play from its offices in the United States. Our Services are directed to adults in the United States and are not intended for use or access by anyone under the age of thirteen in compliance with the Children's Online Privacy Protection Act of 1998.
Web Site Content
A variety of information, recommendations, graphics and videos, and other materials (collectively "Content") may be available through our Services. Content may be provided by Babee Play, its suppliers and partners, or persons who use our Services ("Users"). While Babee Play strives to keep the Content that it posts on our Services accurate, complete, and up-to-date, Babee Play cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Content, whether provided by Babee Play, its suppliers, partners or Users.
Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Babee Play. Babee Play does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Services.
Babee Play does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Services. You understand and agree that you may be exposed to User content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Notwithstanding the foregoing, Babee Play will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
THE CONTENT AVAILABLE VIA THE SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABEE PLAY NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL INFORMATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT FOR ANY PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND/OR SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR CHILD'S UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR CHILD'S PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
Using Babee Play
You may use our Services only if you form a binding contract with Babee Play, and only in compliance with these Terms and all applicable laws. Subject to these Terms and our policies, we grant you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Web Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of Babee Play. All rights not expressly granted in this Agreement are expressly reserved by Babee Play.
Babee Play may allow you to post content, including images, texts, and other information and materials in our Services ("User Content"). By so doing you represent and warrant that you either (a) own all rights in, and are solely responsible for, the User Content you post to the Services or (b) such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such User Content.
With respect to all User Content: You grant Babee Play and its agents and affiliates, a worldwide, non-exclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, store, adapt, publish, translate, reproduce, modify, create derivative works from, publicly perform, publicly display, and distribute your User Content in whatever manner or medium it decides. Nothing in these Terms shall restrict other legal rights Babee Play may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Playful Bee may, in our sole discretion and without any forewarning, suspend or terminate your account for violating these Terms, or for any other reason we choose. We can remove your User Content without any forewarning, for any reason we choose.
We care about the security of our Users. While we work to protect the security of your account, Babee Play cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You are responsible for maintaining the confidentiality of any passwords associated with your Services account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach). Please notify us immediately of any compromise or unauthorized use of your account.
Intellectual Property Rights
The Services are owned by Babee Play. All right to, title to, and interest in the Content available via the Services, including but not limited to look and feel, the designs, trademarks, service marks, and trade names displayed on the Services, and the Services' URLs, are the property of Babee Play or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
All trademarks, service marks, logos and designs used on the Services, whether registered or unregistered, are owned by Babee Play or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Babee Play or its affiliates without our prior written consent.
It is Babee Play's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
DMCA TAKEDOWN NOTICE AND PROCEDURE
Playful Bee respects the copyrights of others, and we ask everyone to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please send a notice to our Copyright Agent providing the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located, such as the URL where it is posted;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Playful Bee's Agent for notice of claims of copyright infringement can be reached as follows:
By mail: Yvette Hwee
c/o Playful Bee
12463 Rancho Bernardo Road, #510
San Diego, CA 92128-2143
By email: [email protected]
If you posted material that has been removed due to a takedown notice and you believe that the material in question is not infringing, you may file a counter notification with our Copyright Agent with the following information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number.
Third-Party Links, Sites, and Services
Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Babee Play. These links are provided solely as a convenience to Users and Babee Play does not endorse or assume any responsibility for any such third-party sites, information, materials, Services, or services. If you access any third party website, service, or content from Babee Play, you do so at your own risk and you agree that Babee Play will have no liability arising from your use of or access to any third-party website, service, or content.
You agree to indemnify, defend and hold harmless Babee Play, its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), directly or indirectly related to (1) your access to or use of our Services, (2) the User Content you submit, post, or transmit through the Services, or (3) your breach of the Agreement. Counsel will be of your choosing but are subject to Babee Play's reasonable approval.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BABEE PLAY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
BABEE PLAY DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BABEE PLAY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
Limitation of Liability
BABEE PLAY AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE SERVICES. YOU MUST EVALUATE, AND WILL BEAR, ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT BABEE PLAY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL BABEE PLAY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE AND/OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND PRODUCTS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BABEE PLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
For any dispute you have with Babee Play, you agree to first contact us and attempt to resolve the dispute with us informally. If Babee Play has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to the Agreement by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. You agree that arbitration shall be conducted in the County of Alameda. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Services.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BABEE PLAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law, Venue and Jurisdiction.
These terms shall be governed and interpreted by, and your use of the Services is governed by, the internal law of the state of California, one of the United States, without regard to its conflict of laws principles. Any dispute or conflict arising out of or related to these Terms or the Services, except as explicitly set forth herein, shall be subject to the exclusive jurisdiction of the state or federal courts located in Oakland, California. By agreeing to these terms you waive any objection you may have to that choice of venue and/or the exclusive personal and/or exclusive subject matter jurisdiction of the courts named in this paragraph.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Babee Play without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Babee Play's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Modification or Suspension of the Services. Babee Play may at any time modify, discontinue, or suspend its operation of the Services, or any part thereof, temporarily or permanently, without notice to you.
Contact Babee Play. If you have any questions about this Agreement or Babee Play Services, please contact us at [email protected].