Terms of Service
Please read this Agreement carefully before accessing BabyNamesDir.com. As a condition
to and in consideration of receiving and accessing BabyNamesDir.com, the User
agrees to be bound by the terms of this Agreement. Use of or access to BabyNamesDir.com
shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU
DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS BabyNamesDir.com.
BabyNamesDir.com Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between BabyNamesDir.com and
any individual, corporation, association, agency, company, or other entity who accesses
or uses BabyNamesDir.com (the "User" or "you").
BabyNamesDir.com, which is provided without charge to you, is a World Wide Web
site on the Internet that is designed to allow users to customize their own free
tenant lease form for their specific needs. BabyNamesDir.com is owned and operated
by BabyNamesDir.com. BabyNamesDir.com contains or may contain information, communications,
opinions, text, graphics, links, electronic art, animations, audio, video, software,
photos, music, sounds and other material and data (collectively, "Content") formatted,
organized and collected in a variety of forms that are generally accessible to Users,
including directories and databases, and areas of BabyNamesDir.com that can be
modified by Users, such as posting ads/messages, uploading multimedia files, registering
user profiles, and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to BabyNamesDir.com
You are responsible for providing all hardware, software, telephone or other communications
equipment and/or service to connect to the Internet and access BabyNamesDir.com
and are responsible for all Internet access charges, telephone charges or other
fees or charges incurred in connecting to the Internet and accessing BabyNamesDir.com.
1.2 User Conduct
You agree to access and use BabyNamesDir.com only for lawful purposes. You are
solely responsible for the knowledge of and adherence to any and all laws, statutes,
rules and regulations, pertaining to (i) your use of BabyNamesDir.com, including
any Interactive Area, (ii) the use of any networks or other services connected to
BabyNamesDir.com, and (iii) the communications means by which you connect your
modem, computer, or other equipment to BabyNamesDir.com. By accessing BabyNamesDir.com,
you agree that you will not:
(a) restrict or inhibit any other user from using and enjoying the Interactive Features;
(b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane, or indecent information of any kind, including without
limitation any transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate any local,
state, national, or international law;
(c) post or transmit any information, software, or other material which violates
or infringes in the rights of others, including material which is an invasion of
privacy or publicity rights or which is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto, without first obtaining
permission from the owner or right holder.
(d) post or transmit any information, software or other material which contains
a virus or other harmful component;
(e) alter, damage or delete any Content or other communications that are not your
own Content or to otherwise interfere with the ability of others to access BabyNamesDir.com;
(f) disrupt the normal flow of communication in an Interactive Area;
(g) claim a relationship with or to speak for any business, association, institution
or other organization for which you are not authorized to claim such a relationship;
(h) violate any operating rule, policy or guideline of your Internet access provider
or online service.
2. Intellectual Property Rights
2.1 BabyNamesDir.com content
(a) You acknowledge that Content on BabyNamesDir.com is generally provided by
BabyNamesDir.com, individual contributors of Content ("Contributors"), third party
licensees, and/or other Users. You acknowledge that BabyNamesDir.com permits access
to Content that is protected by copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual
Property Rights are valid and protected in all media existing now or later developed
and except as is explicitly provided below, your use of Content shall be governed
by applicable copyright and other intellectual property laws. You acknowledge that
BabyNamesDir.com owns a copyright in the "look and feel," i.e., the selection,
coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative
works from, display or otherwise transfer or commercially exploit any of the Content,
in whole or in part, provided, however, that you may (i) make a reasonable number
of digital or other form of copies to permit your computer hardware and software
to access and view the Content, (ii) print one copy of each piece of Content, (iii)
make and distribute a reasonable number of copies of Content, in whole or in part,
in hard copy or electronic form for internal use only. Any permitted copies of Content
must reproduce in an unmodified form any notices contained in the Content, such
as all Intellectual Property Right notices, and an original source attribution to
"BabyNamesDir.com" and its URL address. You acknowledge that BabyNamesDir.com,
its Contributors, and/or Users remain the owners of the Content and that you do
not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce
or distribute, on or through BabyNamesDir.com only Content that is not subject
to any Intellectual Property Rights, or Content in which any holder of Intellectual
Property Rights has given express authorization for distribution over the Internet
and on BabyNamesDir.com, without restriction whatsoever. Any Content submitted
with the consent of a copyright owner other than you should contain a phrase such
as "Copyright owned by [name of owner]; Used by Permission." By submitting Content
to any Interactive Area, you automatically grant and/or warrant that the owner of
such Content, whether it be You or a third party, has expressly granted to BabyNamesDir.com
the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide
right and license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, sublicense, distribute, perform, and display such Content, in whole
or in part, worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed for the full term of any Intellectual
Property Rights that may exist in such Content. You also permit BabyNamesDir.com
to sublicense to third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Content. You also permit any User to access,
view, store and reproduce the Content for personal use. Where you have provided
your e-mail address for user registration, posting of ads or replies to ads, you
are expressly allowing BabyNamesDir.com to send you e-mail for for e-mail updates.
E-Mail updates comprise responses to your postings, newsletters, system updates,
and other updates as BabyNamesDir.com may offer from time to time.
3. Interactive Areas
You acknowledge that BabyNamesDir.com may include various interactive areas ("Interactive
Areas"), including but not limited to ads/messages. These Interactive Areas allow
feedback to BabyNamesDir.com and real-time interaction between users. You further
understand that BabyNamesDir.com does not control the messages, information, or
files delivered to such Interactive Areas and that BabyNamesDir.com may offer
you and other Users the capability of creating and managing an Interactive Area.
However, neither BabyNamesDir.com, its subsidiary and parent companies, or affiliates,
nor their respective directors, officers, employees and agents are responsible for
Content within any Interactive Area. Your use and/or management of an Interactive
Area will be governed by this Agreement and any additional rules or operating procedures
of any Interactive Area established by you or another User, as applicable. You recognize
that BabyNamesDir.com cannot, and does not intend to, screen communications in
advance. Moreover, because BabyNamesDir.com encourages open and candid communication
in the Interactive Areas, BabyNamesDir.com cannot determine in advance the accuracy
or conformance to this Agreement of any Content transmitted in an Interactive Area.
BabyNamesDir.com is not responsible for screening, policing, editing, reviewing
or monitoring any Content in an Interactive Area. Notwithstanding the above, you
agree that BabyNamesDir.com has the right to monitor any Interactive Area, from
time to time and to disclose any information as necessary to satisfy any law, regulation
or other governmental request, to operate the Interactive Area, or to protect itself
or other Users. If notified of Content that is alleged not to conform to this Agreement,
BabyNamesDir.com may investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content. BabyNamesDir.com
reserves the right to prohibit conduct, communication or Content within an Interactive
Area, or to edit, refuse to post, or to remove any Content, in whole or in part,
which it deems in its sole discretion to (i) violate the then-standard provisions
of this Agreement or any other standard, written BabyNamesDir.com policy in effect
at that time, (ii) be harmful to the rights of any User, BabyNamesDir.com, or
other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
You also acknowledge that BabyNamesDir.com may send you e-mail for responses and
follow-up updates to ads/messages, replies, auto-notify personal search agents,
and any other transactions posted by you at BabyNamesDir.com. Your requested compliance
is also stated clearly on the respective screens, which include but are not limited
to, the registration and modification of accounts, the posting, modification, and
deletion of ads/messages, the posting of replies, and the posting, modification,
and deletion of auto-notify personal search agents.
4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or
practices of BabyNamesDir.com in operating BabyNamesDir.com, or any change in
Content, is for you to discontinue accessing BabyNamesDir.com. BabyNamesDir.com
may terminate or temporarily suspend your access to all or any part of BabyNamesDir.com,
without notice, for conduct that BabyNamesDir.com believes is a violation of this
Agreement or any policies or guidelines posted by BabyNamesDir.com, or for other
conduct which BabyNamesDir.com believes, in its sole discretion, is harmful to
BabyNamesDir.com or other Users. BabyNamesDir.com may discontinue operating
BabyNamesDir.com and terminate this Agreement without notice at any time for any
reason in its sole discretion. In the event of termination, you are no longer authorized
to access BabyNamesDir.com, including the Interactive Areas, and the restrictions
imposed on you with respect to Content downloaded from BabyNamesDir.com, as well
as the disclaimers and limitations of liabilities set forth in this agreement, shall
survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links
You understand that except for Content, products or services expressly available
at BabyNamesDir.com, neither BabyNamesDir.com, its subsidiary and parent companies,
or affiliates, or their respective directors, officers, employees, and agents controls,
provides, or is responsible for any Content, goods or services available through
sites on the Internet linked to or from BabyNamesDir.com. All such Content, goods
and services are made accessible on the Internet by independent third parties and
are not part of BabyNamesDir.com or controlled by BabyNamesDir.com. BabyNamesDir.com
neither endorses nor is responsible for the accuracy, completeness, usefulness,
quality or availability of any Content, goods or services available on any site
linked to or from BabyNamesDir.com, which are the sole responsibility of such
independent third parties, and your use thereof is solely at your own risk. Neither
BabyNamesDir.com, its subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents shall be held responsible
or liable, directly or indirectly, for any loss or damage caused or alleged to have
been caused by your use of or reliance on any Content, goods or services available
on any site linked to or from BabyNamesDir.com or your inability to access the
Internet or any site linked to or from BabyNamesDir.com.
5.2 Disclaimer of Warranties
Please use your best judgment in evaluating all information contained or opinions
expressed on BabyNamesDir.com. It is the policy of BabyNamesDir.com not to endorse
or oppose any opinion expressed by a User or Content provided by a User, Contributor,
or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF BabyNamesDir.com
IS AT YOUR SOLE RISK. NEITHER BabyNamesDir.com NOR ANY OF ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION
OR SERVICES WARRANTS THAT BabyNamesDir.com OR ANY INTERNET SITE LINKED TO OR FROM
BabyNamesDir.com WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BabyNamesDir.com
OR ANY INTERNET SITE LINKED TO OR FROM BabyNamesDir.com OR AS TO THE TIMELINESS,
SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY,
AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION
PROVIDED THROUGH BabyNamesDir.com OR ANY SITE LINKED TO OR FROM BabyNamesDir.com.
BabyNamesDir.com IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BabyNamesDir.com, ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER
OR ARISING FROM THIS AGREEMENT, BabyNamesDir.com, OR ANY INTERNET SITE LINKED
TO OR FROM BabyNamesDir.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY
LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR
THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL BabyNamesDir.com, ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR
ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN BabyNamesDir.com
OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM BabyNamesDir.com.
THE CONTENT WITHIN BabyNamesDir.com AND THE CONTENT WITHIN INTERNET SITES LINKED
TO OR FROM BabyNamesDir.com MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL
BE INCORPORATED IN NEW VERSIONS OF BabyNamesDir.com AND SPECIFICALLY ARE INCLUDED
IN THIS SECTION AGREEMENT. BabyNamesDir.com AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BabyNamesDir.com IS NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER.
IF YOU ARE DISSATISFIED WITH ANY BabyNamesDir.com SITE CONTENT, OR WITH THE ACCESS
AGREEMENT OF BabyNamesDir.com, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING BabyNamesDir.com.
6. Indemnity
You agree to indemnify and hold BabyNamesDir.com, its parent or subsidiary companies
and their affiliates, and their respective directors, officers, employees, and agents
from any and all liabilities, claims and expenses, including reasonable attorneys
fees, arising from breach of this Agreement, any other policy, your use or access
of BabyNamesDir.com or any Internet site linked to or from BabyNamesDir.com,
or in connection with the transmission of any Content on BabyNamesDir.com.
7. Miscellaneous
This Agreement comprises the entire agreement between BabyNamesDir.com and you,
and supersedes any prior agreements with respect to the subject matter herein. BabyNamesDir.com
may revise this Agreement or any other policy at any time and from time to time,
and such revision shall be effective two (2) days upon posting notice of such revision
prominently on BabyNamesDir.com. You agree to review this Agreement periodically
to be aware of such revisions. If any such revision is unacceptable to you, you
must discontinue accessing BabyNamesDir.com. Your continued accessing and use
of BabyNamesDir.com following notice of any such revision shall conclusively be
deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2,
5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement.
If any provision of this Agreement or any other policy be held invalid or unenforceable,
that portion shall be construed in accordance with applicable law as nearly as possible
to reflect the original intention of the parties and the remaining portions will
continue in full force and effect. The failure of BabyNamesDir.com to insist upon
or enforce strict performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. This Agreement shall be governed by the laws
of the state or province of domicile of BabyNamesDir.com, excluding its conflict
of laws rules, and you and BabyNamesDir.com each submit to the exclusive jurisdiction
of the courts of that state or province. This Agreement is personal to you and you
may not assign your rights or obligations thereunder to anyone. All logos, brand
names, products, trademarks and service marks appearing herein may be the trademarks
or service marks of their respective owners. References to any trademark, service
mark and links to or from BabyNamesDir.com have been done strictly for clarification
and identification and does not constitute endorsement by BabyNamesDir.com of
the products, services or information offered by the owner of such trademark, service
mark or link or endorsement of BabyNamesDir.com by such trademark, service mark
or link owner.