1. Description of Service
The babyScoop Inc. provides Members with an environment to read, write and post on the Website personal, unbiased reviews of baby products and services used by such Members in accordance with the Review Guidelines as outlined on the Website. The babyScoop Inc. also enables Members to access websites of, and make purchases from, third party retailers. Members must provide (1) all equipment necessary for their own Internet connection, including computer and modem, (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
2. User Content
The babyScoop Inc. takes no responsibility and assumes no liability for any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) posted, stored or uploaded to the Website by any Member or any third party, or for any loss or damage thereto, nor is the babyScoop Inc. liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter in such Content. As a provider of interactive services, the babyScoop Inc. is not liable for any statements, representations or Content provided by Members in any public forum or other area of the Website. You acknowledge that the babyScoop Inc. may not prescreen Member reviews or any Content posted on the Website but that the babyScoop Inc. will have the right to edit, refuse, remove or move any Content posted or available on the Website.
You, alone, are responsible for your Content. You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure of information that makes you personally identifiable.
Members may expose themselves to liability if, for example, their Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Accordingly, you agree that any and all Content supplied by you shall comply with the terms of the Review Guidelines and you agree, without limitation, not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a.Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b.Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial national or international law, including, without limitation, securities regulations;
c.Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d.Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e.Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
f.Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g.Viruses, corrupted data or other harmful, disruptive or destructive files;
h.Content that is unrelated to the topic of the areas of the Website in which such Content is posted; or
i.Content or links to content that, in the sole judgment of the babyScoop Inc.: (a) violates the previous subsections herein; (b) is objectionable; (c) which restricts or inhibits any other person from using or enjoying the Website; or (d) which may expose the babyScoop Inc. or its affiliates or its users to any harm or liability of any type.
By posting Content to or through the Website, you represent and warrant: (i) that you own, control or have the right to use the Content, or have the necessary permission to post the Content and grant to the babyScoop Inc. all rights and licenses granted to the babyScoop Inc. hereunder; (ii) all information and Content supplied by you is true, accurate, current and complete; and (iii) the use by the babyScoop Inc. of any of your Content will not violate the rights of any third party.
You hereby grant to The babyScoop Inc. a nonexclusive, royalty-free, perpetual, transferable, fully sub-licensable, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, create derivative works from, 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. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by the babyScoop Inc. or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release the babyScoop Inc., and its licensees, successors and assigns, from any claims that you could otherwise assert against The babyScoop Inc. by virtue of any such moral rights.
3. Disclaimer of Warranties and Liability
THE BABYSCOOP INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, CONTENT, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE BABYSCOOP INC. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE BABYSCOOP INC. DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE BABYSCOOP INC., ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERUPTION. THE BABYSCOOP INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, THE CONTENT, THE PRODUCTS, AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
4. Limitation of Liability
IN NO EVENT SHALL THE BABYSCOOP INC. OR ITS AFFILIATES (OR THEIR RESPECTIVE OFFICERS, DIRECTORS EMPLOYEES AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A YOUR ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON CONTENT APPEARING ON THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE BABYSCOOP INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE BABYSCOOP INC.’S LIABILITY TO ANY MEMBER OR ANY THIRD PARTY IN RESPECT OF THE WEBSITE, THE CONTENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT OF ONE HUNDRED CANADIAN DOLLARS ($100.00).
You agree to indemnify and hold harmless the babyScoop Inc., its parents, subsidiaries, affiliates, directors, officers and employees, from any claim, cause of action, demand, recoveries, losses, damages, fines, penalties or other costs of any other kind (including reasonable legal fees and costs), due to or arising out of: (1) your use of the Website; (2) any Content you post to the Website; (3) the violation of this Agreement or any documents referenced herein; or (4) infringement by you, or other users of the Website using Member’s computer, of any law or intellectual property or any other right of any person or entity.
6. Members’ Accounts
All Members shall receive a password and an account. Members are entirely responsible for any and all activities that occur under their account whether authorized or not authorized. You agree to notify the babyScoop Inc. of any unauthorized use of your account or any other breach of security known or that should be known to you. Each Member’s right to use the service provided by the Website is personal to the Member, and may not be assigned without the written consent of the babyScoop Inc. You agree not to resell or make any commercial use of the Content or service provided on the Website without the express written consent of the babyScoop Inc.
7. Modifications and Interruption to Website Service
The babyScoop Inc. reserves the right to modify or discontinue the service provided by the Website with or without notice to you. The babyScoop Inc. shall not be liable to Members or any third party should the babyScoop Inc. exercise its right to modify or discontinue the Website. You acknowledge and accept that the babyScoop Inc. does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Third-Party Links / API
9. Disclaimer Regarding Accuracy of Vendor Information
Product specifications, photos, pricing and any other information has either been provided by the vendors and manufacturers of the products and services (“Vendors”) or collected from publicly available sources. While the babyScoop Inc. makes every effort to ensure that the information on the Website is accurate, and without in any way limiting the disclaimer of warranties set forth in Section 3, the babyScoop Inc. makes no representations or warranties as to the products, or the accuracy or reliability of any information provided on the Website. Members acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
10. Applicable Law
IN THE EVENT THAT AN ACTION IS BROUGHT AGAINST THE BABYSCOOP INC., ALL PARTIES TO THE ACTION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING DISPUTES BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY.
11. Compliance with Laws
Members assume all knowledge of applicable law and are responsible for compliance with any such laws. Members may not use the Website in any way that violates applicable provincial, federal, or international laws, regulations or other government requirements. Members further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, national, or international law or regulation.
12. Copyright and Trade-mark Information
All content included or available on this site, including but not limited to site design, the Website’s look and feel, text, data, images, graphics, interfaces, sound or video materials and the selection and arrangements thereof, as well as all designs, trade-marks, trade names, and URLs, are the property of The babyScoop Inc. and/or third parties and are protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the babyScoop Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the babyScoop Inc.
the babyScoop™, thebabyscoop.com™, the babyScoop design, the babyScoop, real parents, better advice™ and thebabyscoop.ca are proprietary marks of the babyScoop Inc. The babyScoop Inc.’s trade-marks may not be used, copied, imitated or displayed without the prior written permission of the babyScoop Inc.
All other trade-marks displayed on the Website are the trade-marks of their respective owners and constitute neither an endorsement nor a recommendation of those owners and/or Vendors. In addition, such use of trade-marks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the babyScoop Inc.
13. Notification of Claimed Copyright Infringement
You may file a notification of copyright infringement in the event that you believe that Content posted on the Website infringes any copyright that you may own or control.
The babyScoop Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
The babyScoop Inc.
Toronto Postal Station E
772 Dovercourt Rd
14. Other Terms