| Babies With Beards Privacy Policy Most of the Babies
With Beards site does not require persons of any age to register
or provide any information to use it. Babies With Beards may
ask you to provide some information to use various services
at the site, and for different reasons. Here are some examples:
Message Boards -- In order to have your own, personalized
account on our message boards, we will need a "user name"
and password, as well as your email address. The user name
and password are used to keep your account secure, and your
email address is required to send this information to.
E-Cards -- At Babies With Beards you may be ablte
to send special greetings to your friends and family. If you
do, all we ask you for is your first name and the email address
of the person you are sending the card to. This is so we know
where to send the card and they know who sent it to them.
The information is discarded immediately after the email has
been sent.
Babies With Beards will not, under any circumstance, divulge
or sell any personal information to third parties, nor will
we ask for information of a sensitive nature like race or
religion. Information may be shared -- anonymously and in
aggregate -- to our business and marketing partners.
Security
Babies With Beards is confident in our ability to protect
your interests online. We want to ensure that the information
you transfer between your home computer and our internal servers
is as secure as current technologies allow them to be.
To prevent unauthorized access, maintain data accuracy, and
ensure the correct use of information, we have put in place
appropriate physical, electronic and managerial procedures
to safeguard and secure the information we collect online.
Use of Cookies and IP Addresses
Babies With Beards uses IP Addresses and Cookies to improve
the user experience on our site. Specifically, we use them
to do things like:
- Identify visitors
- Generate statistics
- Remember specific interests and user preferences
Cookies -- A cookie is a small data file stored on
your computer by your Internet browser that may contain user-selected
settings for a web site. We use cookies to help personalize
your experience at Babies With Beards.
IP Addresses -- We use IP Addresses for things like
tracking the number of users on our site, how long they spend
playing each activity and so on. They also help us understand
what types and speeds of computers our users have.
Policy on Off-site Links
Babies With Beards cannot control the guidelines, privacy
policies or content editing practices of outside sites.
Babies With Beards original artwork, text, and design, is
Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006 Tony
Walsh (unless otherwise designated). All Rights Reserved.
Your use of this site is subject to the following Terms:
Terms of Service
ACCEPTANCE OF TERMS
Welcome to Babies With Beards. Babies With Beards provides
its service to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to
time without notice to you. You can review the most current
version of the TOS here. In addition, when using particular
Babies With Beards services, you and Babies With Beards shall
be subject to any posted guidelines or rules applicable to
such services which may be posted from time to time.
DESCRIPTION OF SERVICE
Babies With Beards currently provides users with access to
a rich collection of resources, including, forums and shopping
services through its network of properties (the "Service").
You also understand and agree that the Service may include
advertisements and that these advertisements are necessary
for Babies With Beards to provide the Service.You understand
and agree that the Service is provided "AS-IS" and
that Babies With Beards assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings.
You are responsible for obtaining access to the Service and
that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible
for those fees, including those fees associated with the display
or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access
the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by any of the Service's registration
forms (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or
incomplete, or Babies With Beards has reasonable grounds to
suspect that such information is untrue, inaccurate, not current
or incomplete, Babies With Beards has the right to suspend
or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). Babies
With Beards is concerned about the safety and privacy of all
its users, particularly children. When you submit Registration
Data, you certify that you are at least 18 years old
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account information upon
completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
Babies With Beards of any unauthorized use of your password
or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session.
Babies With Beards cannot and will not be liable for any loss
or damage arising from your failure to comply with this.
MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that
you, and not Babies With Beards, are entirely responsible
for all Content that you upload, post, email, transmit or
otherwise make available via the Service. Babies With Beards
does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will Babies With
Beards be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, a Babies With Beards official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
d. forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through
the Service;
e. upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights")
of any party;
g. upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated
for such purpose;
h. upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Babies With Beards does not pre-screen
Content, but that Babies With Beards and its designees shall
have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Babies With Beards and its
designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created
by Babies With Beards or submitted to Babies With Beards.
You acknowledge and agree that Babies With Beards may preserve
Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims
that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of Babies
With Beards, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
Babies With Beards does not claim ownership of Content you
submit or make available for inclusion on the Service. However,
with respect to Content you submit or make available for inclusion
on publicly accessible areas of the Service, you grant Babies
With Beards the following world-wide, royalty free and non-exclusive
license(s), as applicable:
- With respect to Content you submit or make available for
inclusion on publicly accessible areas of Babies With Beards,
the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the
Service solely for the purposes of providing and promoting
Babies With Beards. This license exists only for as long
as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Babies
With Beards removes such Content from the Service.
- With respect to Content other than photos, graphics, audio
or video you submit or make available for inclusion on publicly
accessible areas of the Service, the perpetual, irrevocable
and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and
publicly display such Content (in whole or in part) and
to incorporate such Content into other works in any format
or medium now known or later developed.
"Publicly accessible" areas of the Service are
those areas of the Babies With Beards network that are intended
by Babies With Beards to be available to the general public.
INDEMNITY
You agree to indemnify and hold Babies With Beards, and its
subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of
the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Babies With Beards may establish general
practices and limits concerning use of the Service, including
without limitation the maximum number of days that email messages,
message board postings or other uploaded Content will be retained
by the Service, the maximum number of email messages that
may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from
or received by an account on the Service, the maximum disk
space that will be allotted on Babies With Beards's servers
on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given
period of time. You agree that Babies With Beards has no responsibility
or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted
by the Service. You acknowledge that Babies With Beards reserves
the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that Babies With Beards
reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Babies With Beards reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that Babies With Beards shall not be liable to you
or to any third party for any modification, suspension or
discontinuance of the Service.
TERMINATION
You agree that Babies With Beards, in its sole discretion,
may terminate your password, account (or any part thereof)
or use of the Service, and remove and discard any Content
within the Service, for any reason, including, without limitation,
for lack of use or if Babies With Beards believes that you
have violated or acted inconsistently with the letter or spirit
of the TOS. Babies With Beards may also in its sole discretion
and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge
and agree that Babies With Beards may immediately deactivate
or delete your account and all related information and files
in your account and/or bar any further access to such files
or the Service. Further, you agree that Babies With Beards
shall not be liable to you or any third-party for any termination
of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
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 advertiser. You agree that Babies With Beards shall not
be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because Babies
With Beards has no control over such sites and resources,
you acknowledge and agree that Babies With Beards is not responsible
for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge
and agree that Babies With Beards shall not be responsible
or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available
on or through any such site or resource.
BABIES WITH BEARDS PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly
authorized by Babies With Beards or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in
whole or in part.
Babies With Beards grants you a personal, non-transferable
and non-exclusive right and license to use the object code
of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the
interface that is provided by Babies With Beards for use in
accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Babies With Beards EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Babies With Beards MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM Babies With Beards OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Babies With Beards
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Babies With Beards
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS
or other matters by displaying notices or links to notices
to you generally on the Service.
TRADEMARK INFORMATION
Babies With Beards, the Babies With Beards logo, Your Window
To the World of Bearded Babies, and other Babies With Beards
logos and product and service names are trademarks of Tony
Walsh. (the "Babies With Beards Marks"). Without
Babies With Beards's prior permission, you agree not to display
or use in any manner, the Babies With Beards Marks.
COPYRIGHTS and COPYRIGHT AGENTS
Babies With Beards respects the intellectual property of
others. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please contact
us at copyright@Babies With Beards
ENTIRE AGREEMENT
The TOS constitute the entire agreement between you and Babies
With Beards and govern your use of the Service, superceding
any prior agreements between you and Babies With Beards. You
also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content
or third-party software.
GOVERNING LAWS
The TOS and the relationship between you and Babies With
Beards shall be governed by the laws of the Province of Ontario
without regard to its conflict of law provisions. You and
Babies With Beards agree to submit to the personal and exclusive
jurisdiction of the courts located within the City of Toronto,
ON. The failure of Babies With Beards to exercise or enforce
any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect. |