BabyBites

Terms of Use Agreement

Welcome to the babybites.com website (“Site”). By using our Site in any way, you are agreeing to comply with and be bound by the following Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. The term “babybites.com” or “us” or “we” or “our” refers to babybites.com the owner of the Site. The term “you” refers to the user or viewer of our Site.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our Site (“babybites.com”). This Agreement constitutes the entire and only agreement between babybites.com and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Description of Service

babybites.com is intended to be used by parents and adult moms. All content submitted should have educational value. Do not submit any inappropriate or illegal material to the Site. The Site reserves the right to forward all explicit and illegal material to the proper authorities.

Copyright/Trademarks/Other Intellectual Property

The Content on the Site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to babybites.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.


Content on the Site is provided to you “AS IS” for your information and instructional use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Site reserves all rights not expressly granted in and to the website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the babybites.com website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the babybites.comwebsite or the Content therein.

User Submissions

The Site may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, the Site does not guarantee any confidentiality with respect to any submissions.


You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Site to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.


For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Site, you hereby grant the Site a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the babybites.com website and babybites.com’s (and its successors’) business, including without limitation for promoting and redistributing part or all of the babybites.com website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the babybites.com website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Site.

Content

All Content (as defined above)  posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that babybites.com does not control, and is not responsible for Content made available through the Service, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using the Site in any way you agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will babybites.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that babybites.com does not pre-screen or approve Content, but that babybites.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the Terms of Use or for any other reason.

Reservation of Rights

babybites.com reserves the right to modify or discontinue the service, and any terms or conditions, at any time.  In addition to all other legal remedies available to babybites.com, You acknowledge that babybites.com  has the right to remove Your Content from the Service or refuse to include Your Content in the Service, or refuse to grant You access to any current or future use of the Service or any babybites.com service, with or without warning, if babybites.com, in its sole discretion, believes You have: (i) violated or tried to violate the rights of babybites.com or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Terms of Service.

Indemnity

You agree to indemnify and hold harmless babybites.com, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of and access to the Site, Your violation of the Terms of Use, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations.

Disclaimer of Warranties

You agree that use of the babybites.com site and the service is entirely at your own risk. The babybites.com site and the service are provided on an “as is” or “as available” basis, without any warranties of any kind.  All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.  To the fullest extent permitted by law, babybites.com disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the babybites.com site and the service.  To the fullest extent permitted by law, babybites.com disclaims any warranties for other services or goods received through or advertised on the babybites.com site or the sites or service, or accessed through any links on the babybites.com. To the fullest extent permitted by law, babybites.com disclaims any warranties for viruses or other harmful components in connection with the babybites.com site or the service.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability

Under no circumstances shall babybites.com be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if babybites.com has been advised of the possibility of such damages), resulting from any aspect of your use of the babybites.com site or the service, whether the damages arise from use or misuse of the babybites.com site or the service, from inability to use the babybites.com site or the service, or the interruption, suspension, modification, alteration, or termination of the babybites.com site or the service.  Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the babybites.com  site or the service or any links on the babybites.com  site, as well as by reason of any information or advice received through or advertised in connection with the babybites.com site or the service or any links on the babybites.com  site.  These limitations shall apply to the fullest extent permitted by law. in some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

General Information

This Terms of Use constitutes the entire agreement between you and babybites.com  and govern your use of the Service, superceding any prior agreements between you and babybites.com. This Terms of Use shall be shall be construed and governed by the laws of the State of New Jersey and shall be resolved by the competent state court located in Somerset County, New Jersey or in the United States District Court for the District of New Jersey located in Trenton, New Jersey, and you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Somerset, New Jersey and hereby waive any jurisdictional or venue defenses otherwise available to you.