Terms and Policy

 

 

 

 

 

 

 

 

EBABY.COM “TERMS AND CONDITIONS OF SERVICE”

Welcome to the Ebaby.com website! The services provided to you by Ebaby.com, Inc., (“Ebaby.com”) are conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”) so PLEASE READ THESE TERMS CAREFULLY. These terms, as modified or amended from time to time, are a binding contract between Ebaby.com and you (“you and/or your”). If you visit, use our mobile app, shop (together with any successor site(s) at the websites operated by Ebaby.com and any future site operate by Ebaby.com, herein collectively referred to as the “Sites”), YOU ARE AGREEING TO ABIDE BY THESE TERMS. 

By using the Service, you affirm that you are of legal age to enter into this Agreement (which is 18 in most countries), or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement, and that your parent or guardian has agreed to be liable for your acts and omissions.

COPYRIGHT & TRADEMARK NOTICE

All content on the Sites is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights. All content included in or made available through any Ebaby.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Ebaby.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Ebaby.com Service is the exclusive property of Ebaby.com and protected by U.S. and international copyright laws.  In addition, you agree not to use, reproduce or distribute any pages within this website, or portions thereof, in any manner inconsistent with the foregoing, or in any manner damaging to or disparaging the reputation of Ebaby.com or its services, products or personnel.

CUSTOMER SERVICE
You may contact Ebaby.com customer service by sending an email to info@Ebaby.com. You acknowledge that the provision of customer service is at Ebaby.com sole discretion, and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion.

 

DISCONTINUANCE OF SERVICE

We may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of our Service at any time, without prior notice. Upon any such action by Ebaby.com, you must immediately stop using the Service. You may also cancel your Account at any time.

USER CONTENT

In the course of using the Ebaby.com Service, you may transmit or otherwise make available certain content, including information about yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials (“User Content”) through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services. User Content may be publicly viewable in some instances. Ebaby.com reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the Ebaby.com Service at any time and for any reason without notice.   User is not allowed to upload anything that can be remotely construed as porn, copyrighted material, harassment, or spam.  You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through Ebaby.com and the following files constitute “abuse” and may not be uploaded for any circumstance for of the following:

  • User Content that is, in Ebaby.com’s judgment, disrespectful or may expose Ebaby.com, Users or others to harm or liability;
  • User Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
  • Private information of any third parties, including addresses, phone numbers and payment card information;
  • Viruses, corrupted data or other harmful, disruptive, or destructive files; or
  • User Content that inhibits any other person from using or enjoying the Ebaby.com Service.

·          Pornography, adult or mature content

·          Violent content

·          Content related to racial intolerance or advocacy against any

·          Individual, group or organization

·          Excessive profanity

·           Hacking/cracking content

·          Illicit drugs and drug paraphernalia content

·          Sales of beer or hard alcohol

·          Sales of tobacco or tobacco-related products

·          Sales of prescription drugs

·          Sales of weapons or ammunition (e.g. firearms, firearm components, Fighting knives, stun guns.

·          Sales of products that are replicas or imitations of designer Or other goods

·          Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails

·          Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others

 

You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that Ebaby.com is not responsible for any errors or omissions that you make in connection with the Ebaby.com Service. By submitting or posting User Content, you hereby grant to Ebaby.com a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sub licensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the Ebaby.com Service. The use of your or any other User’s name, likeness, or identity in connection with the Ebaby.com Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.

DEALINGS WITH MERCHANTS AND LINKS 
The Sites contain advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Ebaby.com is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Sites does not imply that we endorse the linked site. You use the links at your own risk. Ebaby.com’s Privacy Notice is applicable only when you are on our Sites.
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Sites or which provide links on the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Ebaby.com and agree to hold Ebaby.com harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Sites.

 

SAFETY
We do our best to keep Ebaby.com safe, but we cannot guarantee it. We need your help to keep Ebaby “The Best Place for Everything Baby”, which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) on Ebaby.com.
  2. You will not collect users' content or information, or otherwise access Ebaby.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Ebaby.com.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  9. You will not use Ebaby.com to do anything unlawful, misleading, malicious, or discriminatory.
  10. You will not do anything that could disable, overburden, or impair the proper working or appearance of our website, such as a denial of service attack or interference with page rendering or other functionality.
  11. You will not facilitate or encourage any violations of this Statement or our policies.

 

 

NEWSLETER SIGN-UP

By signing up to Ebaby.com you are agreeing to receive communications from us and we'll send you all the very latest update - including new services to improve your shopping experience, fantastic deals on baby products and helpful news about the latest trends and products.

By clicking the sign-up button you agree to Ebaby.com terms and conditions and privacy policy. 

 

LICENSE 

If you are 18 or older, we grant you a limited, revocable, nonexclusive, non- assignable, nonsublicensable license to access Ebaby.com in compliance with the Terms and Conditions; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from Ebaby.com , excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub-licensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

 

DISCLAIMER

Individual Results may vary, and testimonials are not claimed to represent typical results and are not intended to represent or guarantee that anyone will achieve the same or similar results. Every “Sale” has a unique experience and results. Advertising on Ebaby.com should not overemphasize one factor alone in the achievement of Sales. Express or implied overstatements of a product or sales results (i.e. sales) will not be guaranteed.

We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which can reduce results. We are not responsible for your actions. There is no guarantee of Sales and you will accept the risk that the results differ by each merchant.

PURCHASES FROM OTHER USERS

Cash and Other Payments Determined by Users. A buyer may, by agreement with the seller, elect to make payment by cash, check or other payment method accepted by the seller. Such payments are made directly between the buyer and the seller when they meet in person to complete their purchase and sale transaction, pursuant to terms they determine. Ebaby.com is not a party to such transactions, and does not facilitate such transactions, refunds or returns in any manner.

1.  Transactions Final. Regardless of the payment method chosen, ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS BUYER AND THE SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. Ebaby.com will not be responsible for facilitating refunds.

2. Taxes. It is your responsibility to determine what, if any, taxes apply to each transaction you complete via the Ebaby.com Service, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. Ebaby.com is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the Ebaby.com Service

 

SHARING YOUR CONTENT AND INFORMATION
You own all of the content and information you post on Ebaby.com. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Ebaby.com (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Ebaby.com, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  4. We always appreciate your feedback or other suggestions about Ebaby.com, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

 

DOES EBABY.COM SHARE THE INFORMATION IT RECEIVES? 

Information about our customers is an important part of our business, and we are not in the business of selling it to others.

·         Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. In some cases, these businesses might sell offerings to you directly, such as the wineries who sell on Amazon. In other cases, we might sell product lines jointly with these businesses..

·         Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

·         Promotional Offers: Sometimes we send offers to selected groups of our customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your email preferences.

·         With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

 

YOUR INTERACTIONS WITH OTHER USERS

You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Safety Tips, prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT EBABY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. EBABY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. EBABY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

ELECTRONIC COMMUNICATIONS

When you use any Ebaby.com Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INDEMNIFICATION
As a condition of your access to and use of the Sites, you agree to hold Ebaby.com, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Sites and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Notice), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Sites; (iv) Ebaby.com’s resolution (if any) of any dispute you have or claim to have with one or more users of the Sites; (v) your improper authorization for Ebaby.com to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Ebaby.com disclose your personal information and other information collected as set forth in our Privacy Policy). Ebaby.com may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so

 

LIMITATION OF LIABILITY

THE ENTIRE RISK ARISING OUT OF ANY PRODUCTS OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND ANY CONTENT, USER CONTENT OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL WE OR OUR PARENTS, SUBSIDIARIES AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT, USER CONTENT AND/OR DIGITAL DOWNLOADS, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, USER CONTENT AND CONTENT OBTAINED THROUGH THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT WE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO US BY YOU IN THE IMMEDIATELY PRECEDING THREE (3) MONTHS. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED LISTED PRODUCTS. USER INFORMATION SUCH AS ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF US. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO THE PRICE THAT YOU PAY TO PURCHASE LISTED PRODUCTS. THIS PROVISION SHALL SURVICE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

MONITORING OF SITE CONTENT 
We are under no obligation to restrict or monitor Site content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT EBABY.COM DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF THE SITES IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any content at any time. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Ebaby.com. Ebaby.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Sites by anyone other than authorized Ebaby.com employees acting in their official capacities.

 

PRIVACY

Please review our Privacy Policy, which is incorporated into these Conditions of Use and also governs your use of Ebaby.com Services, to understand our practices.

PRODUCT DESCRIPTIONS

Ebaby.com does not warrant that product descriptions or other content of any Ebaby.com Service is accurate, complete, reliable, current, or error-free. If a product offered by a Seller and is not as described, your sole remedy is to return it in unused condition.

PRODUCT MERCHANT AGREEMENT

The following terms (“Program Terms”) apply when you use any service (each, a “Merchant Commerce Feature”) Ebaby.com makes available for merchants to display the sale of, and/or sell products to Ebaby.com users (each, a “User”).

1.       We may display product listings we create (“Product Listings”) on Ebaby.com, including on Facebook Pages, as Facebook ads, or in a feed elsewhere on Facebook or on Twitter, Instagram and any other social media platforms we seemed viable to help promote the sale.

2.       Your Product Listings must comply with the Ebaby.com Terms & Conditions and applicable law.

3.       You are solely responsible for the contents of your Product Listings (including description, price, fees, tax, and any required legal disclosures).

4.       You are responsible for displaying any sales, privacy, or other terms that you want to apply to your interactions with Users.

5.       You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any data, content, and other information provided by you or accessed by Ebaby.com in connection with the Merchant Commerce Features (collectively, “Product Content”), including photos, videos, and Product Listing content, in connection with the our Services.

6.       Any tools Ebaby.com provides in connection with Merchant Commerce Features, including tools to allow you to view information about past transactions or to calculate default shipping rate, tax rate, or other data, such tools are provided as a convenience only and you use them at your sole discretion and risk.

7.       Ebaby.com is not responsible for processing, paying for, or fulfilling any sales that result from your Product Listings.

8.       You may only use service providers (each a “Service Provider”) in connection with the Merchant Commerce Features if they act on your behalf and are bound by an agreement to protect Transaction Data at least as much as is required under these Program Terms. A breach of these terms by any of your Service Providers will be deemed a breach by you.

9.       You may use any User’s data, content, or other information you receive from Ebaby.com or it’s affiliates in connection with your use of the Merchant Commerce Features (“Transaction Data”) only in accordance with the Ebaby.com Terms and Conditions and any other consent you have received from the User.. You may only share Transaction Data with Service Providers or as required to comply with applicable law.

10.    You may only use Transaction Data for marketing purposes if you have obtained prior express User consent during the checkout process on Ebaby.com or its affiliates.

11.    The following terms apply to sales made from your Sale where a User paid for the item without leaving Ebaby.com.

 

PROTECTION OF SITE CONTENT 
Our Sites are protected by U.S. and international intellectual property laws, which you agree to respect. All content on the Sites, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of Ebaby.com or its content suppliers. All software used on the Sites is the property of Ebaby.com or its software suppliers.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

Visitors may post reviews, comments, photos, and other content and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, 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 mislead as to the origin of a card or other content. Ebaby.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Ebaby.com 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 content throughout the world in any media. You grant Ebaby.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ebaby.com for all claims resulting from content you supply. Ebaby.com has the right but not the obligation to monitor and edit or remove any activity or content. Ebaby.com takes no responsibility and assumes no liability for any content posted by you or any third party.

SECURITY

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Ebaby.com will never request the following from a customer via email:

·         Credit and debit card numbers

·         Bank account numbers

·         Driver’s license numbers

·         Email addresses

·         Passwords

·         Your full name

Please forward any suspicious emails to: info@ebaby.com.

SELLER; RISK OF LOSS
Ebaby.com is NOT the seller of any items on the Site.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LISTED PRODUCTS AND OTHER PRODUCTS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS OTHERWISE PROVIDED FOR BY LAW.