Terms of Use
Important! Please read this entire
agreement carefully.
These are the general terms and conditions
governing your use of the OurBabysWorld website and our
services.
1. Introduction
Welcome to the www.OurBabysWorld.com
Website. This Website, and the information, content and
services it makes available (which, collectively are referred
to as the "Website"), is provided to you by OurBabysWorld, an
independently operated website owned by Puja Agrawal,
with its principal offices in Mumbai, India ("OurBabysWorld" or
"We"). These Terms of Use (this "Agreement") sets
forth the terms and conditions governing your use of this
Website. By accessing or using this Website you accept and
agree to be legally bound by this Agreement and our Privacy
Policy, as they may be amended from time to time.
2. Modifications to this
agreement
OurBabysWorld may make changes to this Agreement from time to
time in its sole discretion, by updating this posting on this
Website. Your continued use of the Website following the
posting of a new version of the Agreement constitutes your
acceptance of any such changes. Accordingly, whenever you visit
this Website you should check to see if a revised agreement has
been posted.
3. Website intended
audience
This Website is operated by OurBabysWorld from
its office in the India. This Website is directed mainly
to adults in India and is not intended for minor
children.
4. Contact
information
If you have any questions or concerns with
respect to this agreement or the Website you may contact
a representative of OurBabysWorld by e-mail at our
contact
center.
5. Privacy
The information that we obtain through your use
of the Website, whether collected through the
registration process, submitted by you in posts to the
Website, or otherwise, is subject to our Privacy
Policy. That Privacy Policy addresses
our collection and use of the data you provide to us,
including your rights relative to that information.
Kindly review the Privacy Policy before you use the
Website. If the terms and conditions of the Privacy
Policy are unacceptable to you in whole or in part, you
may not use the Website.
6. Use of contents - disclaimer with
respect to content
A variety of information, advice,
recommendations, letters, messages, comments, posts,
text, graphics, software, music, sound, photographs,
videos, data, and other materials ("Content" here after)
is available on the Website. Some of the Content is
provided by OurBabysWorld or its suppliers, and other
Content is provided by persons who use the Website
("Users" here after), such as User opinions and views
provided via posts to chat rooms, bulletin boards, or
discussion forums. While OurBabysWorld strives to
keep the Content that it posts on the Website accurate,
complete, and up-to-date, OurBabysWorld cannot guarantee,
and is not responsible for, correctness, completeness, or
timeliness of any Content, whether provided by
OurBabysWorld or its suppliers, or by Users of the
Website.
The content available via the Website is
provided with the understanding that neither
OurBabysWorld nor its suppliers or users are engaged in
providing medical, counselling, legal, or other
professional services or advice.
Such content is intended solely as a general
educational aid. It is not intended as medical or
healthcare advice, or to be used for medical diagnosis or
treatment, for any individual problem. It is also not
intended as a substitute for professional advice and
services from a qualified doctor or healthcare provider
familiar with your unique facts and circumstances. We
suggest that you seek the advice of your physician or
other qualified healthcare provider regarding any
medical.
Your use of the Website is also subject to the
additional disclaimers and stipulations in this agreement
and that may appear throughout the Website.
7. No obligation to censor user
content
OurBabysWorld does not have any obligation to
censor, edit, or remove any Content provided by Users
that is posted on or available through the Website.
However, OurBabysWorld will have the right (but not the
obligation), in its sole discretion and for any reason,
to censor, edit, refuse to accept, remove, or move any
such Content.
8. User-Submitted
Content
Representations made and rights
granted
You are responsible for all Content that you
submit on the Website. By doing so, you (1)
represent and warrant to OurBabysWorld that such content
is not in breach of confidential agreement and that you
have necessary permissions to submit such Content;
(2) grant to OurBabysWorld, nonexclusive, perpetual,
fully sub-licensable, royalty-free right and license to
use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute (including, without
limitation, making available on-line, electronically
transmitting or otherwise communicating to the public),
perform, and display such Content (in whole or part)
worldwide via the Website or otherwise, and/or to
incorporate it in other works in any form, media, or
technology now known or later developed.
Restrictions on
submissions
You agree that you will not submit or post to or
through the Website any Content, that:
1. is unlawful, harassing, defamatory,
abusive, threatening, disgusting, harmful, or invasive of
another's privacy;
2. infringes or violates any party's
copyright, trademark, trade secret, patent, or other
proprietary right;
3. contains any worms, viruses, or other
harmful, disruptive, or destructive files, code, or
programs;
4. includes any unauthorized advertising,
promotional materials, spam, junk mail, or any other type
of unsolicited mass e-mail to people or entities that
have not agreed to be part of such mailings;
or
Details regarding our use of personally
identifiable information included in User submitted
Content is set out in our Privacy Policy.
Complaints about
content
If you wish to bring to our attention any
unlawful activity associated with any Content posted by
another User or otherwise available on the Website, you
may send us a message from
here.
9. Compliance with
laws
You agree to comply with all laws applicable to
your use of the Website. You also agree that you will not
use the Website in any way to:
1. impersonate any person or entity;
falsely state or otherwise misrepresent your affiliation
with any person or entity; intentionally omit, delete,
forge, or misrepresent transmission information,
including headers, return mailing, and Internet protocol
addresses; or otherwise manipulate identifiers to
disguise the origin of any Content that you submit or
transmit through the Website;
2. disrupt the normal flow of communication
or otherwise act in a manner that negatively affects
other Users' ability to engage in real-time
dealings;
3. interfere with, disrupt, or harm in any
way the Website or servers or networks connected to the
Website;
4. engage in any activities that would
violate the personal privacy rights of others, including
but not limited to collecting and distributing
information about other Users without their permission,
except as permitted by applicable law; or
5. use the Website in violation of any
applicable laws or regulations, or any rules or
guidelines established by
OurBabysWorld.
10. Your contact with third
parties
Your dealings with advertisers or other third
parties found on or accessible through the Website are
solely between you and the third party. These dealings
include, but are not limited to, your participation in
promotions, the payment for and delivery of items if any,
and any terms, conditions, warranties, or representations
associated with such dealings.
OurBabysWorld does not make any representations
or warranties with respect to any items or services that
may be obtained from such third parties, and you agree
that OurBabysWorld will have no liability with respect to
any loss or damage of any kind incurred as a result of
any dealings between you and any third party, or as a
result of the presence of such third parties on the
Website.
11. Ownership rights
This Website is owned by OurBabysWorld. All
right to, title to, and interest in the Content available
via the Website, the Website's look and feel, the
designs, trademarks, service marks, and trade names
displayed on the Website, and the Website URLs, are the
property of OurBabysWorld or its licensors (if any), and
may be protected by copyrights, trademarks, patents, or
other proprietary rights and laws.
License to use
content
OurBabysWorld grants you a nonexclusive,
nontransferable, revocable, limited license to view,
copy, print, and distribute Content retrieved from the
Website only for your personal, noncommercial use,
provided that you do not remove or obscure any copyright
notice, trademark notice, or other proprietary rights
notices displayed on or in conjunction with the Content.
You may not use any Content available via the Website in
any other manner or for any other purpose without the
prior written permission of OurBabysWorld. All rights not
expressly granted in this Agreement are expressly
reserved to OurBabysWorld.
Trademark
notices
All trademarks, service marks, logos and designs
used on this Website, whether registered or unregistered,
are owned by OurBabysWorld, or other third parties. You
may not use or display any trademarks, service marks,
logos or designs owned by OurBabysWorld without our prior
written consent.
12. Other Websites
Links to other websites
The Website, or third parties on the Website,
may provide links to other sites and/or resources,
including advertisers, over which OurBabysWorld has no
control. These links are provided solely as a convenience
to Users and should not be construed as an endorsement by
OurBabysWorld of any sort. You access and use such sites,
including the content, items, or services on those sites,
solely at your own accord. OurBabysWorld makes no
representations, guarantees or warranties with respect to
the content, personal information collection practices,
ownership, or legality of any such linked Websites.
You agree that OurBabysWorld has no responsibility or
liability for the availability of such external sites or
resources, or for the Content, advertising, products, or
other materials available through such sites or
resources.
13. Website warranties
disclaimer
The Website is provided on an "as is" and "as
available" basis. OurBabysWorld expressly disclaims all
warranties of any kind, whether express or implied,
including, without limitation, any warranties of
merchantability, fitness for a particular purpose, and
noninfringement.
OurBabysWorld does not make any warranty that
the Website will meet your requirements up to
satisfaction, or that access to the Website will be
uninterrupted, timely, secure, or error-free, or that
defects, if any, will be corrected. OurBabysWorld makes
no warranties as to the results that may be obtained from
the use of the Website or as to the accuracy, quality, or
reliability of any information obtained through the
Website.
Any content downloaded or otherwise obtained
through the Website is used at your own risk and you will
be solely responsible for any damage to your computer
system or loss of data that results from the download of
such content.
14. Limitations of
Liability
OurBabysWorld assumes no responsibility for any
consequence relating directly or indirectly to any action
or inaction you take based on the content available via
the Website. You must assess, and bear all risks
associated with, the use of any content, including any
reliance on the accuracy, completeness, or usefulness of
such content.
Additionally, in no event will OurBabysWorld be
liable for any special, indirect, incidental, punitive,
or consequential damages, including, without limitation,
any loss of use, loss of profits, loss of data, cost of
procurement of substitute services, or any other such
damages, howsoever caused, and on any theory of
liability, whether for breach of contract, wrongfull act
(including negligence and strict liability), or otherwise
resulting from (1) the use of, or the inability to use,
the Website; (2) the cost of procurement of substitute
services, items, or Websites; (3) unauthorized access to
or alteration of your transmissions or data; (4) the
statements or conduct of any third party on the Website;
or (5) any other matter relating to the Website. These
limitations will apply whether or not OurBabysWorld has
been advised of the possibility of such damages and
notwithstanding any failure of essential purpose of any
limited remedy.
15. Indemnification
You agree to indemnify and hold harmless
OurBabysWorld, owners, officers, employees, agents, and
affiliates (if any), from and against any and all
liability, damages, losses, claims, expenses of any kind
(including, without limitation, reasonable legal fees)
directly or indirectly related to (1) your breach of the
Agreement; or (2) the Content you submit, post, or
transmit through the Website.
16. Notice and Procedure for Making Complaints
Regarding Content
If you believe that any specific Content
available on the Website either infringes your rights
(including without limitation any intellectual property
rights), or is otherwise unlawful, and you would like to
file a complaint with us, please click here.
17. Termination of Your
Access
OurBabysWorld may at any time terminate your use
of the Website, or any part thereof, and may remove or
delete any or all of your Content within the Website,
without prior notice to you, for any reason that
OurBabysWorld, in its sole discretion, deems
appropriate.
18. Modification or suspension of the
website
OurBabysWorld may at any time modify,
discontinue, or suspend its operation of this Website, or
any part thereof, temporarily or permanently, without
notice to you.
19. Severability of
agreement
If any provision of the agreement is found by a
court or other binding authority to be invalid, you agree
that every attempt shall be made to give effect to the
parties' intentions as reflected in that provision, and
the remaining provisions contained in the agreement shall
continue in full force and effect.
20. Applicable laws
This agreement and the resolution of any dispute
related to this agreement or the Website shall be
governed by and construed in accordance with the laws of
India without giving effect to any principles of
conflicts of law. Any legal action or proceeding between
OurBabysWorld and you related to the Agreement shall be
brought exclusively in a court of competent jurisdiction
sitting in Mumbai, India, and you agree to submit to the
personal and exclusive jurisdiction of such
courts.
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