Terms and Conditions

This information is provided for educational and entertainment purposes only. We do not accept any responsibility for any liability, loss or risk, personal or otherwise, incurred as a consequence, directly or indirectly, from any information or advice contained here. Baby Bilby may earn compensation from affiliate links in this content.


These Terms of Use (“Terms”) apply to all Websites, services, software, applications, Content and Baby List Products (as defined below) (collectively, the “Services”) provided to You by Baby List, Inc. (“Baby Bilby”). Please read them carefully. In addition to these Terms, Your access to and use of the Services are governed by the Baby Bilby Privacy Policy, and which is incorporated into these Terms by reference. Please read these Terms and the Privacy Policy carefully.

These Terms govern Your use of the Services and constitute a binding agreement between You and Baby Bilby, and are deemed accepted by You and Baby Bilby. Your access to or use of the Services indicates Your acceptance to these Terms. If You do not accept these Terms stated here, do not use the Services. Baby Bilby reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the Website. You should visit this page periodically to review the most current Terms, because they are binding on You. By continuing to access or use the Services after updated terms have been posted, You agree to be bound by the updated Terms. The Baby Bilby Products may have additional terms and conditions that apply.

Baby Bilby reserves the right, without notice and in its sole discretion, to restrict, refuse or terminate Your ability to use the Website, and to limit, block or prevent access to and use of the Website without any liability to You.

Definitions

“Content” means all content contained in the Website, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Baby Bilby.

“Post or Provide” (or any derivative thereof) means to upload, post, transmit, share, store, submit, link to or otherwise make available on the Website.

“We,” “Us,” and “Our” mean and refer to Baby Bilby and its parents, subsidiaries or affiliates.

“Website” means any websites, web pages, and any subpages (including any mobile websites, web pages and subpages) under Baby Bilby’s control, whether partial or otherwise. This includes, but is not limited to, babybilby.com, any subpages, and the website from which these Terms were accessed from. This also includes the Content.

“You,” “Your,” and “User” mean and refer to all individuals and/or entities who are accessing or using the Website or the Services for any reason.

Eligibility and Account

If You are accepting these Terms on behalf of a company or other legal entity, You have the authority to bind that company or legal entity to these Terms. You also certify that You are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms and that they comply with them. This includes any person who is authorized to access Your account via Your login, and any additional logins associated with Your account. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

You must be 18 years of age or older and have a valid credit card to purchase any Baby Bilby Products on Our Website or to create an account on Our Website. If You are under the age of 18, You agree and warrant that You have Your parent or legal guardian’s consent to access Our Website.

Some Services require You to create an account to participate in such Service. By creating an account, You represent that (i) You are over the age of 18, (ii) You are responsible for maintaining the confidentiality of Your account and password, and (iii) You accept responsibility for all activities that occur under Your account, password and any logins associated with Your account. You hereby represent that all registration information You submit is accurate, current and complete and that You are solely responsible for the accuracy of such information. You agree to update Your account information to keep it current and accurate.

You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details, unless and only in the circumstance that You have been authorized to create a login associated with another User’s account.

Baby Bilby reserves the right to accept or refuse Your application for an account (in Our absolute and sole discretion).

As part of the Services, We may send SMS messages to You using a short code text messaging service, for example, We may send You an SMS message to confirm Your signup when You opt in to the Service or to provide customer service. By providing Your mobile phone number and using the Services, You hereby affirmatively consent to Our use of your mobile phone number for calls and texts in order to perform and improve upon the Services. We will not assess any charges for calls or texts, but standard message charges or other charges from Your wireless carrier may apply. You may opt-out of receiving text messages from Us by modifying Your account settings on the Website or Company’s mobile application.

Usage

You agree and warrant that You will not use the Services in a manner that is illegal or otherwise inconsistent with these Terms. In addition, You will not use the Services in a manner that Baby Bilby deems, in its sole discretion, objectionable.

You agree that You will access the Services only through the interfaces provided.

You agree not to do any of the following:

  • attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack the Website or any software, network or servers used to provide the Services, or to damage Our Website, services or other property in any way;
  • attempt to breach any security or authentication measures of the Website or the Services;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Baby Bilby or any other third party to protect the Services or the Content;
  • use the Services, Your account, or communications with other Users for any commercial purpose or solicitation;
  • interfere or attempt to interfere with other Users’ use of the Services;
  • impersonate or misrepresent Your affiliation with any person;
  • violate any applicable law of regulation;
  • defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights, including such person’s privacy rights or rights of publicity, of any User, third parties or employee, staff or agent of Baby Bilby;
  • do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Services;
  • use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Services in any manner;
  • send spam or any other unauthorized advertisements or solicitations through or using the Services;
  • attempt to harvest, collect or use addresses, phone numbers or email addresses or other contact information of Users without consent from such Users and Baby Bilby;
  • solicit personal information (including social security numbers, credit card numbers and passwords) from Users;
  • provide any false personal information in Your account, create more than one account, transfer Your account or create an account for anyone other than Yourself; provided that it is allowed for You to create and have multiple logins associated with Your account;
  • offer any contest, sweepstakes, coupon or other promotion through Baby Bilby;
  • do anything that is illegal, infringing, fraudulent, malicious or could expose Baby Bilby or Users to harm or liability;
  • refer a friend by providing such friend’s e-mail address to Us, unless such friend is at least 18-years old;
  • allow a child under the age of 18 to provide any personal information in such child’s User Content (as defined below); or
  • attempt, encourage or facilitate any of the above.

Baby Bilby will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Baby Bilby may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Baby Bilby has no obligation to monitor Your access to or use of the Services or the Content, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Promotional Programs

From time to time, Baby Bilby may provide certain services, programs, promotions, opportunities and contests to our Users (“Promotional Programs”). We may at any time, and in Our sole discretion, change, modify, add to, supplement or delete the terms and conditions of any Promotional Program, including without limitation changing the name, fees and eligibility requirements to participate in such Promotional Program. We will endeavour to notify You of any material changes by email, but will not be liable for any failure to do so.

User Content

Baby Bilby may offer community features, such as forums, as part of the Services. You must be over the age of 18 to participate in any community features. In addition, Baby Bilby may allow You to submit information to Baby Bilby through forms and other manners in connection with obtaining customer support from Baby Bilby’s help center. You may Post or Provide reviews, comments, photos, images, logos, descriptions and other content and submit suggestions, ideas, comments, questions, opinions and feedback (collectively, the “User Content”). You may not Post or Provide User Content that (i) is illegal, libelous, offensive, harmful, obscene, pornographic, threatening, defamatory or invasive of privacy, including User Content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals; (ii) exploits people in an abusive, violent or sexual manner or that promotes illegal activities or provides instructions on how to conduct illegal activities; (iii) contains software or any other material, including without limitation photos, videos or files, that violates the intellectual property rights (or rights of privacy or publicity) of any third party; or (iv) consists of or contains software viruses, political campaigning, objectionable materials, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity or otherwise Post or Provide any misleading information or User Content that You know is false or inaccurate. Baby Bilby reserves the right (but not the obligation) to remove or edit such User Content, at its sole discretion.

If You do Post or Provide User Content, You grant Baby Bilby a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media, including, without limitation, for troubleshooting, marketing, product development and any other commercial or non-commercial purpose in Baby Bilby’s sole discretion, without payment or compensation to You of any kind. You grant Baby Bilby and Our sublicensees the right to use the name that You submit in connection with such User Content, if We or they choose to use it. You represent and warrant that (i) You own or otherwise control all of the rights to the User Content that You Post or Provide; (ii) that the User Content is accurate; (iii) that use of the User Content You supply does not violate the Terms or applicable laws, rules or regulations and will not cause injury to any person or entity; and (iv) that You will indemnify Baby Bilby for all claims resulting from User Content You supply. Baby Bilby has the right but not the obligation to monitor and edit or remove any activity or User Content. Baby Bilby takes no responsibility and assumes no liability for any User Content Posted or Provided by Your or any third party.

Baby Bilby does not pre-screen, review, edit or approve any User Content. The Baby Bilby community may flag inappropriate User Content and Baby Bilby may, in its sole discretion, remove or disable access to any User Content.

By Posting or Providing User Content, providing registration information or otherwise sharing any information on the Website, You represent and warrant that (i) You are the owner or otherwise have the right to publicly distribute the User Content and/or other information, (ii) You have the necessary consent or authorization to Post or Provide such User Content and/or other information and (iii) such User Content and/or other information is accurate to Your knowledge. Any User Content Posted or Provided will be considered public, and Baby Bilby will not be responsible for the actions of Users with regards to any public information.

Intellectual Property

The Services are protected under patent, copyright, trademark, and/or other laws. Subject to Your compliance with the Terms, Baby Bilby and/or its licensors provide You with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. The Services and all Content, including, without limitation, any User Content, remain the property of Baby Bilby or its licensors and We do not transfer title to any portion of the Services to You. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Baby Bilby and protected as well. Any code or software code that Baby Bilby creates, generates or displays in the Services is also protected and You may not copy or adapt such code.

Unauthorized use of the Services may violate applicable laws and is strictly prohibited. You may not copy the Services or any part thereof without Baby Bilby’s prior written authorization. Any code or software code that Baby Bilby creates to generate or display the Services are also protected by Baby Bilby’s copyrights, and You may not copy or adapt such code.

Limited Warranty

TO THE FULLEST EXTENT POSSIBLE BY LAW, BABY BILBY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR THE BABY BILBY PRODUCTS WILL OPERATE ERROR-FREE, BE AVAILABLE, OR THAT THE SERVICES AND BABY BILBY’S SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, BABY BILBY IS NOT RESPONSIBLE FOR THOSE COSTS. EXCEPT FOR ANY LIMITED WARRANTIES PROVIDED BY THIRD-PARTY MANUFACTURERS THAT ARE INCLUDED WITH YOUR BABY BILBY PRODUCTS AT THE TIME OF PURCHASE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND AND BABY BILBY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BABY BILBY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT IN THE SERVICES. BABY BILBY MAKES NO WARRANTY WITH REGARD TO ANY OF THE BABY BILBY PRODUCTS.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL BABY BILBY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES TO PROPERTY OF ANY KIND OR FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE BABY BILBY PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BABY BILBY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL BABY BILBY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR BABY BILBY PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO BABY BILBY FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE BABY BILBY PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BABY BILBY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold harmless Baby Bilby, its parent, subsidiaries, affiliates, and their respective officers, directors, successors, subsidiaries, contractors, technology providers, advertisers, employees and agents, from and against any claims, actions, losses, costs, liability or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your use of the Services, (ii) Your breach of these Terms, including Your representations and warranties herein or (iii) Your violation of any applicable laws.

Baby Bilby reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Baby Bilby. Baby Bilby will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

Term and Termination

These Terms will remain in full force and effect while You are a User of the Services. Baby Bilby reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating Your account and/or Your access to and ability to use the Services and/or any other services provided to You by Baby Bilby, at any time for any or no reason and without any notice. Even after You are no longer a User of the Services, the provisions of these Terms will remain in effect.

You may terminate this Agreement at any time by ceasing all use of the Services. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Miscellaneous

Privacy: See the Privacy Policy for information and notices concerning Baby Bilby’s collection and use of Your personal information.

Removal of Your Information: If You believe Your name and/or other personally identifiable information have been used on Our Website without Your permission and You would like to have such information removed, please send Us a request.

Commercial Use: Any and all commercial use of the Services is expressly prohibited without the written consent of Baby Bilby. This includes but is not limited to collecting names, information, contacting Users, lead generation, and all other commercial activities.

Third-Party Links: The Services may contain links to third-party websites. These links are provided solely as a convenience and not as an endorsement by Baby Bilby of the contents on such third-party websites. Baby Bilby is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, You do so at Your own risk.

Payment Card Industry Data Security Standard and Related Standards and Regulations: You acknowledge that Baby Bilby has no control over its partners, merchants, and any third party sites which appear or are linked to from the personal registries on the Website. Baby Bilby has no knowledge and makes no representation, warranty, or guarantee that such partners, merchants, or third parties are compliant with the Payment Card Industry Data Security Standard and related standards and regulations.

Access Outside the United States: Baby Bilby is hosted in the US and makes no claims that the Services may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. When You access the Services You acknowledge and agree that information You provide may be transferred to a jurisdiction other than Your country of residence and that the laws, including what is determined to be “personal data and/or information,” are different and may be less protective than those applicable to You in Your country of residence. By accepting these Terms You acknowledge, agree and consent to (1) the transfer to and processing of personal information on servers located outside of the country where You reside, (2) Baby Bilby’s collection and use of Your personal information as described in Our Privacy Policy found here and in accordance with the laws of the United States that may be different and may be less protective than those in Your country and (3) that You are taking a risk by using the Website and Services.

Governing Law: Baby Bilby is hosted in the US state of California, these Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within San Francisco, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Baby Bilby’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Baby Bilby’s ability to enforce such term at any point in the future.

Dispute Resolution: In the event a dispute arises between You and Baby Bilby, please contact Baby Bilby. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and Baby Bilby agree that any cause of action arising out of or related to the Website or the Services or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Additional Terms: If You purchase and/or use any mobile applications provided by Baby Bilby or any Baby Bilby Product, additional terms apply, in addition to these Terms.

Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Baby Bilby’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Baby Bilby’s ability to enforce such term at any point in the future.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Baby Bilby’s prior written consent. Any attempt by You to assign or transfer these Terms without such consent will be null and of no effect. Baby Bilby may assign or transfer these Terms, in its sole discretion,