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terms of service

  •  
    rev. March 2009
     

Modifications to the Agreement This site is owned and operated by BabyNames.com LLC, herein referred to as "BabyNames". BabyNames may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the Web Site. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. Your continued use of the Web Site or placement of orders following the posting of changes constitutes your acceptance of any such changes.

Contact Information If you have any questions or concerns with respect to the Agreement or the Web site you may contact a representative of BabyNames by e-mail or by mail at:

Customer Service
BabyNames
PO Box 1147
Oakhurst, CA 93644
(510) 51-NAMES (510-516-2637)

Web Site Intended Audience This Web Site is intended for and directed to all audiences of all countries. Children under 13 are discouraged from registering for an account and should be supervised by a parent while visiting the message boards.

Privacy The information that we obtain through your use of the Web Site, whether through the registration process 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. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Web Site or order any items from it.

Electronic Communications The information communicated on the Web Site constitutes an electronic communication. When you communicate with us through the Web Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Compliance With Laws You agree to comply with all applicable local laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

User Conduct You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials ("Content") are the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Web Site.

You agree that you will not use the Web Site in any way to:

(1) post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;

(2) post, disseminate, or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;

(3) post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;

(4) post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, 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;

(5) 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 transmitted through the Web Site;

(6) post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;

(7) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;

(8) interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;

(9) electronically stalk or otherwise harass another user;

(10) collect or store personal data about other users;

(11) 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;

(12) use the Web Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Web site's providers, Web sites, chat rooms, or the like; or

(13) intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law.

Protection of Intellectual Rights and License You acknowledge that content available through the Web Site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by BabyNames herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including, without limitation, any software) available through the Web Site.

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Web Site for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other Web sites, regardless of whether you receive compensation, without the prior written permission of BabyNames. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of BabyNames. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of BabyNames's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Introduction This Web Site is provided to you under these "Terms of Use" and any amendments or supplements to them that may be posted by BabyNames.com LLC from time to time (collectively referred to as this "Agreement"). Your use of this Web Site shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the Web Site or order any items from it.

User Content and Correspondence You acknowledge that BabyNames does not generally prescreen Content, but that BabyNames and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Web Site. BabyNames reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, BabyNames and its designees will have the right to remove any Content that violates the Agreement or that BabyNames considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Web Site, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that BabyNames 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 Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BabyNames, its users, and the public. Details regarding our use of personally identifiable information included in Content are set out in our Privacy Policy.

By posting Content to the Web Site or by transmitting Content using the Web Site, you (1) represent and warrant to BabyNames that you have all necessary permission to post or transmit Content; and (2) grant to BabyNames a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Message boards and chat rooms contain the opinions and views of other users. BabyNames is not responsible for the accuracy of any messages on this site and you should always consult a physician or other qualified healthcare provider before relying on any information you find on this site. 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.

Any comments, materials, or letters sent by you to BabyNames regarding the Web Site, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Received Materials") shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. BabyNames will have no obligation of any kind with respect to Received Materials that you do not restrict and BabyNames will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. Furthermore, BabyNames is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to BabyNames, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.

Storage of Content You agree that BabyNames may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Web Site. You agree that BabyNames has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through the Web Site.

Your Contact With Advertisers or Other Third Parties Your dealings with advertisers or other third parties found on or through the Web Site 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. BabyNames 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 BabyNames 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 Web Site.

Refund Policy A user is eligible for a refund on feature subscriptions if the subscription is terminated within 3 days of purchase. Refunds are pro-rated for the remaining portion of a user's subscription period. Refund payments are issued at the beginning of every month and may take 6-8 weeks for delivery from the time of account termination. We will remit your refund in the same form of payment originally used for purchase.

Links to Other Web Sites The Web Site, or third parties on the Web Site, may provide links to other sites and/or resources, including advertisers, over which BabyNames has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by BabyNames of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. BabyNames makes no representations or warranties with respect to the Content, ownership, or legality of any such linked Web sites. You agree that BabyNames 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.

Linking to This Site You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray BabyNames, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any logo or graphic or trademark as part of the link without the express written permission of BabyNames.

Information Disclaimer THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEB SITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NOTHING CONTAINED IN THE WEB SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER BabyNames NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE. BabyNames AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE BabyNames STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, BabyNames AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.

Ownership This Web site ("Web Site") is owned by BabyNames.com LLC ("BabyNames")/BabyNames.com LLC. All right to, title to, and interest in the content displayed on the Web Site, including but not limited to the Web Site's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of BabyNames or its respective partners, agents, or third parties.

Disclaimer of Warranties With Respect to Use of Web Site THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BabyNames 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.

BabyNames DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BabyNames MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN 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 SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BabyNames OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BabyNames BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BabyNames HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Idemnification You agree to indemnify and hold harmless BabyNames, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.

Notice and Procedure for Making Claims of Copyright Infringement BabyNames asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, BabyNames has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide BabyNames's Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Web Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

BabyNames's Copyright Agent for Notice of claims of copyright infringement on its site is Beitchman & Zekian Legal Corporation, who can be reached as follows: by e-mail at info@bzlegal.com or by mail at:

Beitchman & Zekian, PC
510 West Sixth Street, Penthouse 1220
Los Angeles, CA 90014

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

  1. BabyNames shall remove or disable access to the material that is alleged to be infringing;
  2. BabyNames shall forward the written notification to such alleged infringer ("Subscriber"); and
  3. BabyNames shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

Counter-Notification:

If Subscriber believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with BabyNames's Copyright Agent.

To be effective, a Counter-Notification must be a written communication provided to the BabyNames's Copyright Agent for Notice that includes the following information:

  1. A physical or electronic signature of the Subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which BabyNames may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person

Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:

  1. BabyNames shall promptly provide you with a copy of the Counter-Notification;
  2. BabyNames shall inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
  3. BabyNames shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided BabyNames's Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on BabyNames's network or system.

You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.

Trademark Notices BabyNames is a registered trademarks of BabyNames.com LLC. Logo and design, Parently.com, BabyNames.com, BabyNames.com LLC, Ask Grandma Maggie, The Random Renamer, and other marks are trademarks or servicemarks of BabyNames.com LLC. All other trademarks and servicemarks are the property of their respective owners. You may not use or display any trademarks or service marks owned by BabyNames without our prior written consent. You may not use or display any other trademarks or service marks displayed on this site without the permission of their owners.

Modification or Suspension of the Web Site You agree that BabyNames may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that BabyNames will not be liable for the consequences of doing so.

Termination You agree that BabyNames may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that BabyNames, in its sole discretion, deems appropriate. You further agree that BabyNames will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.

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.

Limitations of Actions Brought Against BabyNames You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

Applicable Law The Agreement and the resolution of any dispute related to the Agreement, the Web Site, or any services you purchase through the Web Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Any legal action or proceeding between BabyNames and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of Los Angeles and/or the Southern District of California, and you agree to submit to the personal and exclusive jurisdiction of such courts.

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