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Terms & Conditions
This Website is owned and operated by The Baby Boutique LLC, a
company incorporated in Dubai, United Arab Emirates.
Welcome to
thebabyboutique.com. Please take a few minutes to review our Terms and
Conditions. The use of the thebabyboutique.com website (the Website) and the sale of products
and use of the services and information offered on this Website are governed by
the terms and conditions set forth below and all other disclaimers, guidelines,
policies, and terms and conditions of sale and/or use appearing on this Website
(collectively, the Terms of Use).
Your use of this Website in any manner, whether browsing, offering your product
reviews, thoughts or ideas, creating a registry or account with us, or making a
purchase, constitutes your acknowledgement that you have read the Terms of Use
and that you agree to follow and be bound by them. You also acknowledge and agree
that any disputes that may arise under these Terms of Use will be governed by
the laws of Dubai and the United Arab Emirates, without giving effect to any
conflict of laws principles.
IF YOU DO NOT AGREE
TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE WEBSITE. BY VIEWING
OR USING ALL OR ANY PART OF THE WEBSITE, DOWNLOADING ANY MATERIALS OR BY
COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU
AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.
The Baby Boutique
reserves the right, at its sole discretion, to modify or replace any of these
Terms of Use at any time. It is your responsibility to check the Terms of Use
periodically for changes. Your continued use of the Website following the
posting of any changes to the Terms of Use constitutes acceptance of those
changes.
At your election, you may request additional information
about The Baby Boutique or subscribe to various information services concerning
The Baby Boutique's products, services and business. When you do so, the
registration process requires you to provide your name, email address and
certain additional information about your preferences, such as, for example,
your preferred contact method and product markets of interest to you. You may
initiate your subscription within your baby boutique account.
The Baby Boutique's use of personal information that you may
submit to us through this Website is governed by the The Baby Boutique Privacy
Policy, which is posted for your review separately on this Website. Please review our Privacy Policy to understand how theinformation you supply to us may be used.
When using a debit card, please be aware that your financial
institution may place a hold on your account for an amount that may equal or
exceed the purchase amount. The Baby Boutique is not responsible for placing or
removing debit holds. Please contact your financial institution if you would
like more information.
The Website (including
without limitation, any content, documents or other information made available
via the Website) is provided only for your personal, non-commercial use. Any
unauthorized use of the Website is expressly prohibited.
As a condition of use, you promise not to use the Website for any purpose that
is unlawful or prohibited by these Terms of Use, or any other purpose not
reasonably intended by The Baby Boutique. You agree to abide by all applicable
local, national and international laws and regulations.
By way of example, and not as a limitation, you agree not to (a) take any
action or (b) upload, post, submit or otherwise distribute or facilitate
distribution of any content (including text, communications, software, images,
sounds, data or other information) using any communications service or other
service available on or through the Website, that:
The Baby Boutique may, at its sole
discretion, immediately terminate your access to the Website should your
conduct fail to conform strictly with any provision of this section.
The Baby Boutique
has no obligation to monitor the Website or any use thereof. However, The Baby
Boutique reserves the right at all times and without notice to monitor, review,
retain or disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental (including law enforcement) request.
This Website may
contain links to other sites that are neither owned nor operated by The Baby
Boutique, although some such sites may have an affiliation with The Baby
Boutique (collectively, Third Party
Websites). Such links are provided for your convenience only.
The Baby Boutique makes no representations whatsoever about any Third Party
Websites which you may access through this Website, as The Baby Boutique has no
control over the content appearing on such Third Party Websites. Moreover, a
link to a Third Party Website does not imply and does not constitute
sponsorship, endorsement, approval, or responsibility for the content on, or
the use of, such Third Party Website. No rights to use or copy the information
on this Website or the Third Party Website is granted or implied. Please Note:
The Terms of Use and Privacy Policies applicable to Third-party Websites may
differ significantly from those of The Baby Boutique. You are encouraged to
review the applicable privacy policies of such Third Party Websites.
You agree that all
content and materials made available by The Baby Boutique at the Website are
protected by copyrights, trademarks, service marks, patents, trade secrets or
other proprietary rights and laws. Except as expressly authorized by The Baby
Boutique in writing, you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit or create derivative works from such materials or content. However, you
may print or download a reasonable number of copies of the materials or content
at this Website for your internal business purposes; provided, that you retain
all copyright and other proprietary notices contained therein. Systematic
retrieval of data or other content from this Website to create or compile,
directly or indirectly, a collection, database or directory without written
permission from The Baby Boutique is prohibited.
Reproducing, copying
or distributing any content, materials or design elements on the Website for
any other purpose is strictly prohibited without the express prior written
permission of The Baby Boutique. Use of the content or materials for any
purpose not expressly permitted in these Terms of Use is prohibited. Any rights
not expressly granted herein are reserved.
We welcome your
comments about our Website, but please note that by uploading, submitting or
otherwise disclosing or distributing content of any kind any including but not
limited to, comments, feedback, reviews, photographs, original art, notes,
messages, ideas, suggestions, or other communications (collectively Comments) at or otherwise through
the Website, you:
FOR THIS REASON, WE
ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO THE
BABY BOUTIQUE, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE
MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE, PHOTOGRAPHS, OR
ORIGINAL ARTWORK.
The Baby Boutique
may terminate your access to all or any part of the Website at any time, with
or without cause, with or without notice, effective immediately. If you wish to
terminate your account, you may simply discontinue using the Website.
ALL MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE WEBSITE (THE CONTENT)
ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE AND
CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH
ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS
DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR
CORRECT; (B) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE WEBSITE
WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN
RISK.
IN NO EVENT SHALL
COMPANY (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE
SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION
(WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A)
MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR
INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR
SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF
BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL
OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE
OF ANY REMEDY PROVIDED HEREIN.
You agree to defend,
indemnify, and hold harmless The Baby Boutique, its affiliates and their
employees, contractors, officers, directors and representatives from all
liabilities, claims, and expenses, including attorneys' fees, that arise from
your use or misuse of the Website. The Baby Boutique reserves the right, at it
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will assist and
cooperate with The Baby Boutique in asserting any available defenses.
The Baby Boutique
makes no representation that the Content is appropriate or available for use in
locations outside the United Arab Emirates, and accessing the Website is
prohibited from territories where such Content is illegal. If you access the
Website from other locations, you do so at your own initiative and are
responsible for compliance with local laws.
A printed version of
these Terms of Use and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. You and The Baby Boutique agree that any cause of action arising out of
or related to the Website must commence within six (6) months after the cause
of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and construed in accordance with the
laws of Dubai and the United Arab Emirates excluding its conflicts of law
rules. You expressly agree that the exclusive jurisdiction for any claim or
action arising out of or relating to these Terms of Use or your use of this
Website shall be filed only in The Arbitrational Court of The Dubai International Arbitration Centre, and
you further agree and submit to the exercise of personal jurisdiction of such
courts for the purpose of litigating any such claim or action. Use of the
Website is not authorized in any jurisdiction that does not give effect to all
provisions of these Terms of Use, including without limitation, this section.
These Terms of Use
are the entire agreement between you and The Baby Boutique with respect use of
this Website, and supersede all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between you and The Baby
Boutique with respect to this Website (but excluding the use of any software
which may be subject to a separate end-user license agreement). If any
provision of the Terms of Use is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that
the Terms of Use will otherwise remain in full force and effect and
enforceable.
These Terms of Use
contemplated hereunder are personal to you, and are not assignable,
transferable or sublicensable by you except with The Baby Boutique's prior
written consent. The Baby Boutique may assign, transfer or delegate any of its
rights and obligations hereunder without consent. All waivers and modifications
must be in a writing signed by both parties, except as otherwise provided
herein. No agency, partnership, joint venture, or employment relationship is
created as a result of this Agreement and neither party has any authority of
any kind to bind the other in any respect. In any action or proceeding to
enforce rights under this Agreement, the prevailing party will be entitled to
recover costs and attorneys' fees. All notices under this Agreement will be in
writing and will be deemed to have been duly given when received, if personally
delivered or sent by certified or registered mail, return receipt requested;
when receipt is electronically confirmed, if transmitted by facsimile or e-mail;
or the day after it is sent, if sent for next day delivery by recognized
overnight delivery service.
Unless otherwise
indicated, these Terms of Use and all Content provided by The Baby Boutique are
copyright © 2003-2011 The Baby Boutique LLC. All rights reserved. The Baby
Boutique and all products and services referenced herein are either trademarks
or registered trademarks of The Baby Boutique. The names of actual companies
and products mentioned at the Website may be the trademarks of their respective
owners.
If you believe a
work on the Website constitutes infringement of your copyright or other
intellectual property rights, please provide our Designated Agent with a
written communication containing the following information:
i.
evidence of your authorization to act on behalf of the owner of
the copyrighted work;
ii.
a description of the copyrighted work that you claim has been
infringed;
iii.
a description of where the alleged infringing material is
located on the Website, including where the material is located;
iv.
your address, telephone number, and email address;
v.
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;
vi.
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; and
vii.
your physical or electronic signature.
The Baby Boutique's Designated Agent for notice of claims of
copyright infringement can be reached at: info@thebabyboutique.com
.
You may contact The
Baby Boutique at the following address:
The Baby Boutique
LLC
PO Box 283614
Dubai, United Arab Emirates
