Terms of Use

User Terms of Use


This a copy of the User Terms of Use which is displayed during registration:


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USER TERMS OF USE FOR THIS WEBSITE  This sets out the legal basis on which you can access and use the TheBabyWearer.com website. If you don't agree with these terms, please do not use this website.
Last Updated: 1 September 2011

1.1 Definitions

(a) The Site is the website TheBabyWearer.com (URL http://www.thebabywearer.com).
(b) The Owner of the Site is Crystal Eastburn, (trading as The BabyWearer, registered with the State of Missouri, United States of America).
(c) A vendor is a person or organisation offering a babywearing product for sale under wholesale or retail conditions.
(d) A review is an appraisal of a vendor or a product within the Reviews system of the Site.
(e) A poster is a registered user of the Site who submits a review or a forum message.

1.2 User agrees to be bound by Terms Of Use
To be permitted to register (and thereby be permitted to read or post reviews, or enter the forum), you must agree to these Terms of Use (which constitute the agreement between you and the Owner) by clicking on "I Agree" appearing below these Terms of Use, but only after having read them.

1.3 Variation of Terms of Use and alterations to TheBabyWearer.com website
 reserves the right to change, modify, add or remove any part of these Terms of Use and to add to, change or discontinue any material or information contained in, or any other aspect of, the Site at any time and without notice or liability. Please check the Site regularly for changes in these Terms of Use.

1.4 Governing law
(a) The laws of the Supreme Court of the State of Missouri, United States of America govern the operation of this Site and the interpretation of these Terms of Use. (b) You agree to submit to the jurisdiction of the Supreme Court of the State of Missouri in the event of any claim or dispute arising between you and the Owner.

1.5 Validity
If any part of these Terms of Use is invalid or unenforceable, that invalidity does not affect the validity or enforceability of any other part of these Terms of Use.

(a) TheBabyWearer.com encourages linking to pages within the Site by any person or organisation who has an interest in, or need for information on babywearing.
(b) Should a person, corporation or other entity seek to link to this Site either directly or from within a frameset, permission must be requested by email.
(c) TheBabyWearer.com may in its absolute discretion approve or reject a request to link made in accordance with paragraph (b).
(d) A link from a website to this Site must not be established unless TheBabyWearer.com has approved a request under paragraph (c) or TheBabyWearer.com has provided a link by email.

3.1 Acknowledgments by you
You acknowledge that: (a) information contained in or made accessible by this Site:

  1. is general in nature and cannot take into account your particular circumstances;
  2. is NOT made available to you or the Public as professionally binding advice; and
  3. represents the views, statements and opinions of the author of any conference paper, article, research paper or other material contained in or made accessible by this Site and does not necessarily represent the views, statements, opinion or knowledge of TheBabyWearer.com;
(b) TheBabyWearer.com's response to a request for information or advice:
  1. is based on, relies on and is limited by the information provided by you; and
  2. is NOT made available to you as professionally binding advice;
(c) links to other websites on this Site:
  1. are not under the control of TheBabyWearer.com and may contain computer viruses;
  2. are inserted for convenience and do not constitute TheBabyWearer.com's endorsement of material at those sites, or any associated organisation, product or service; and
  3. it is your responsibility to make your own investigations, decisions and inquiries about the information retrieved from other websites;

(d) references to the products or services provided by a person or company on this Site do not imply any form of endorsement, non-endorsement, support or commercial gain by TheBabyWearer.com of the products or services provided by that person or company;
(e) transmission to or from this website may be intercepted, used and modified by third parties; and
(f) you are solely responsible for any content submitted by you to this Site and any instructions or information provided by you in a request for information or advice. TheBabyWearer.com is not responsible for any incomplete or incorrect information provided by you.

3.2 Warranties by you
You warrant to TheBabyWearer.com that you will not:
(a) use this Site for a purpose that is unlawful or prohibited by these Terms of Use;
(b) create more than one concurrent username registration;
(c) divulge your username/password pair so another person can avoid registration at the Site;
(d) impersonate any person, entity or corporation;
(e) post a review of your business or of a product you designed or manufacture;
(f) attempt to influence another person by request or intimidation or by way of inducement in the form of goods, services, a promise or consideration in payment or in kind to post a review or to alter or bias a review of your business or of a product you designed or manufacture or sell;
(g) collect or store personal data about other users of this Site for any purpose;
(h) perpetrate bandwidth theft by unauthorised hotlinking of any images, sound files, movie files or other objects on the Site. (Hotlinking involves the use of this Site's URL address in your site's HTML codes to present an object on your site, without uploading the object to your own server space.);
(i) submit any content that:

  1. infringes the intellectual property rights (moral and economic) of any third party;
  2. is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;
  3. contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail;
  4. contains a survey, contest, or pyramid scheme; or
  5. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of this Site or another computer; or

(j) engage in any other conduct that inhibits any other person from using or enjoying this Site.

3.3 Non-compliance
Should you breach any of the conditions in sub clause
3.2 (Warranties by you), we reserve the right to cancel your Site registration. 

4.1 Disclaimer

(a) While the information contained in or made accessible by this Site, or in response to a request for information or advice, has been formulated in good faith and with all due care, TheBabyWearer.com does NOT warrant:

  1. its accuracy, currency, reliability and correctness;
  2. that it is free from errors or omission, or that it is definitive;
  3. that it is free from computer viruses or other defects; or
  4. its fitness of purpose for any use.

(b) Before relying on the information contained in or made accessible by this Site, you should independently verify its accuracy, currency, completeness and relevance for your purposes, and you should obtain any appropriate professional advice.

4.2 Limitation of liability
(a) To the maximum extent permitted by law, the information stored in or made accessible by this Site, or in response to a request for information or advice, is made available to you on the understanding that TheBabyWearer.com and its contributing authors and forum moderators are not liable to you for any loss, damage, cost or expense incurred or arising by reason of you using or relying on the information and whether caused by reason of any error, negligent act, omission or misrepresentation in the information or otherwise. (b) TheBabyWearer.com does not attempt to exclude any rights or remedies which due to the operation of the Consumer Protection Act or similar Provincial and Territory legislation cannot be excluded. TheBabyWearer.com excludes all other conditions and warranties implied by custom, statute or the general law.
(c) To the extent permitted by law, TheBabyWearer.com's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of TheBabyWearer.com to the supply of the information services again.

4.3 Indemnity by you
It is a condition of the use of this Site that you indemnify the Owner of this Site and its contributing authors and forum moderators against all claims and actions however arising from the use of material, information, advice or links provided in the Site or otherwise provided by TheBabyWearer.com, including but not limited to, direct or consequential breaches of copyright, trademark or other intellectual property rights, or contravention of any local, national, or international restrictions on the publication or transmission of content.

5.1 Operation of the Site
 Site is operated by the Owner who is responsible for the administration of the privacy policy. (Also see our Privacy Statement via menu item 'Help -> Privacy'.)

5.2 Collection of personal information
You may provide personal information to TheBabyWearer.com when you complete and send a registration form to TheBabyWearer.com. The personal information required is as follows:  
your username (not your personal name)   
your email address
Other registration information is non-mandatory. This information is collected for the purpose of contacting you with information or advice and to permit you to login to the Site thereby permitting access to reviews, forums and certain articles.

5.3 Use of personal information
(a) Personal information collected from you under sub clause 5.2 will only be used by us for the purposes stated in sub clause 5.2 and when required by law (e.g. court order or warrant).
(b) No personal information will be provided to any third parties without your prior approval.

5.4 Cookies
(a) A cookie is a small data file that some websites write to your hard drive when you visit them. A cookie file can contain information such as a user id. A website may use cookies to track the pages you have visited.
(b) TheBabyWearer.com uses cookies and they contain your username and login session codes.

5.5 Links on the TheBabyWearer.com Site
The TheBabyWearer.com site contains links to other websites. You are responsible for information that you provide to these sites. We recommend that you review the privacy policy of any site that requests personal information. This policy does not cover the privacy practices of these linked sites.

5.6 Other data
(a) When you visit our Site, our access tracking service records the following information for statistical purposes:

  1. your server (IP) address and machine name;
  2. the date and time of visit to this Site;
  3. pages accessed;
  4. the previous site or page visited;
  5. the search engine and keywords used;
  6. any linked referral; and
  7. the type of browser used and its operating system.

(b) TheBabyWearer.com examines this information to determine the traffic through the server as well as access levels to specific pages. In order to deliver better services, we also perform statistical analysis to establish priorities and allocate resources.
(c) No attempt will be made to identify you or your browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect server logs.
(d) The statistics and log files may be preserved indefinitely and used at any time and in any way necessary to prevent security breaches and to ensure the integrity of the information supplied by TheBabyWearer.com.
(e) Access to and use of this information is restricted to the Owner, who is subject to an agreement to adhere to this privacy policy. (f) TheBabyWearer.com will not disclose or publish information which identifies individual machines, or potentially identify sub-groupings of addresses without your consent.
(g) TheBabyWearer.com reserves the right to gather more extensive information than indicated above regarding any attempted access to this Site which raises security issues, or in circumstances where TheBabyWearer.com has reason to believe a breach of the law is being or has been committed, and where necessary to make disclosures to the relevant authorities.

5.7 Privacy acknowledgment by you
You acknowledge that TheBabyWearer.com may use information provided by you or through your use of this Site in accordance with this clause 5 (Privacy Policy).

(a) This Site is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Law all other rights are reserved by TheBabyWearer.com or the stated author(s).
(b) This Site is protected by United States and international copyrights in the graphics, design, layout, typography, and expression of information, whether as a compilation or otherwise.
(c) Information on this Site may not be reproduced in whole or in part for general publication or commercial purposes without the permission of TheBabyWearer.com.
(d) The Site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of TheBabyWearer.com and/or other third parties, or references to such trademarks, patents, technologies, products, processes or other intellectual property rights. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of TheBabyWearer.com and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the content of this Site, without the express written consent of TheBabyWearer.com or unless expressly authorised by law, is prohibited. 

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