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Last Updated: 1 September 2011
(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.
1.4 Governing law
2. APPROVAL TO LINK TO THIS SITE
(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. ACKNOWLEDGMENTS AND WARRANTIES BY YOU
3.1 Acknowledgments by you
You acknowledge that: (a) information contained in or made accessible by this Site:
(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:
(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:
(j) engage in any other conduct that inhibits any other person from using or enjoying this Site.
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. DISCLAIMER AND LIABILITY
(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:
(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
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.
5.5 Links on the TheBabyWearer.com Site
5.6 Other data
(a) When you visit our Site, our access tracking service records the following information for statistical purposes:
(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.
(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
(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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