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Terms of Use

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, www.babysmyles.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Baby Smyles, LLC.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Baby Smyles, LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

 

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

DEFINITIONS

The terms “us” or “we” or “our” refers to Baby Smyles, LLC, the owner of the Website. A “Visitor” is someone who merely browses our Website, but has not registered as Member. A “Member” is an individual that has registered with us to use our Service. Our “Service” represents the collective functionality and features as offered through our Website to our users. A “User” is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

 LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Baby Smyles, LLC reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

GENERAL TERMS AND DISCLAIMER

Baby Smyles, LLC and its website (including but not limited to blogs, categories, comments, questions, or answers, and other features therein) is provided as educational and informational purposes only without representations, guarantees, or warranties of any kind. Baby Smyles does not make a warranty or representation as to the accuracy of the Content, which is to be served as an “as available, as-is basis, and is not liable for omissions or typographical errors contained in the contents posting through our site or any other site associated with Baby Smyles, LLC.

 

Baby Smyles, LLC and its affiliates is not responsible for accuracy, availability and usefulness of any content published through Baby Smyles, and by using our services you agree to hold true to the fact that Baby Smyles, LLC is to be considered “harmless” from any loss or damage of any kind arising through our services. We are not to be considered as professional advice – nor shall the information provided ever to be substituted as so.

 

All transactions through Baby Smyles shall be between you and the vendor unless it is a specific product of Baby Smyles, LLC. By using our service you agree that any product that is defective, un-suitable, lost through transit, or any other service provided therein, are between you and the vendor. In saying this, any member of the Baby Smyles team (members, officers, managers, employees, officers, shareholders, licensors, agents, etc.) is not liable for any damages of any kind, including, but not limited to, injuries based on products, errors, interruptions, typographies, loss of business, loss of revenues or profits, or any other inaccuracies in this service through our company.

 

By using our site and affiliated sites, you agree to hold Baby Smyles, LLC harmless and anyone associated within our company (as stated above) against any law suit case, costs and liability, penalties, attorney fees, and costs incurred in relation with any claim arising from your use of service or any infringement by you or someone in relation to you of these Terms and Conditions. Baby Smyles, LLC will reserve full right to exclusive control and defense of any matter that is subject to indemnification by your or your party. In any event, never shall you or your party settle a matter without the written consent and notification deemed applicable of our company.

 

We are never to be held responsible for personal property damage through the use or inability to use our services provided. Baby Smyles will not guarantee nor be held responsible for any virus, error, interruption, loss of signal, identity theft, or any other obstruction that may be caused through the use of public domains.

 

The community areas shall be used for lawful purposes only. No material shall be posted on or transmitted through our site that violates or infringes in any unlawful way that violates the rights of others. This includes, but not limited to, any demeaning, racist, obscene, threatening, or any act that would be considered as “criminal”. By submitting or posting content through our services, regardless of the form or media, you are giving Baby Smyles, LLC and its affiliates full rights to use your submission to be used to publish through our publications. But by doing so you agree that you are not submitting any publications or materials that are not rightfully yours, compiling within legal standards, and not submitting or publishing any information that may damage Baby Smyles, LLC, our members, subscribers, or any of our affiliates.

 

By using our services you agree that the accuracy and information provided from our service and received by our services as well as the accuracy of the information and content is assumed solely by you.

INTELLECTUAL PROPERTY AND COPYRIGHT

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, videos, audio, text, photographs, graphics, or logos. We do not claim ownership of any material posted through our services unless stated otherwise. They are used solely for the use of commentaries and visual guidance, and we are not liable for the editing or creative process of any material seen through us unless stated otherwise. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited unless noted under “fair-use” or “link-back” purposes. Your use of our Website does not grant you ownership rights of any kind in our Website.

LINKS TO OTHER WEBSITES

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites we serve them as informational and educational purpose only. Baby Smyles, LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

MODIFICATIONS AND UPDATES

Baby Smyles, LLC has the right to change or discontinue all or any aspect of the website or company at any time. This includes anything that is posted within our community area or services that would be used through our site. We reserve the right to change or modify any Terms and Conditions, Use, or Privacy Statement at any time. If you would like be notified of these changes, please feel free to review and keep up-to-date with our policies to ensure that you are fully engaged with our company and the direction we head as we strive for excellence.

 

The last update to our Terms of Use was posted on 10 September 2013.