1. Basic Definitions
The Printable Baby website ("Site") is a subscription service that provides downloadable digital media ("Content"), for use by its registered users ("Members"). Some new Members may register through a limited free trial ("Trial Period"). The Site and Content are the wholly-owned, copyrighted property of LoveToKnow Corp. ("Company"), and are subject to U.S. and international copyright protection laws, trade dress, moral rights, and other intellectual property rights. The copying, redistribution, use or publication by you of any part of the Site and/or Content, except as expressly set forth herein, is strictly prohibited. All right, title and interest in and to the Site and Content are and will remain the exclusive property of us and our licensors. The Printable Baby is a trademark of LoveToKnow Corp. You may not use any trademark and/or service mark appearing on our Site without our prior written consent.
2. Warning about User-Created Content and Links to Third Party Websites
(a). We are sometimes a passive conduit for the information that users submit. We will not review every submission a user may make. Errors may appear on the Site from time to time. Some content that you may find on the Site was not created, edited, or posted by us (for example, customer reviews, comments, pictures and discussion group postings). This content represents the views of third party contributors and is not endorsed by us. We do not guarantee the accuracy of any third party contribution.
(b). We may from time to time provide links to third-party websites including, without limitation, advertisers and merchants. These websites and the parties that control them are not under our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites and their operators. You may order services or merchandise through links on the Site from persons not affiliated with us. All matters concerning such merchandise or services, including, without limitation, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you choose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. We are not, nor will we be deemed to be, nor will you consider us to be, a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.
3. Permitted Use of the Site
(a). All Members may use the Site to browse, search, and download Content at any time during their period of active membership. Search and browse is also available to prospective members. Crawlers, spiders, programmable scripts or other automated technologies may not be used to browse, search or download images.
(b). You may use the Site only for the purposes expressly set forth on the Site and in these Terms. Any other use of the Site is prohibited. If there is a conflict between any statement on the Site and any provision of these Terms, the provision of these Terms will apply.
(c). Your exploitation of the Site is strictly prohibited, except as expressly set forth herein.
(d). Notwithstanding any other provision of these Terms, You must not: (i) access or use the Site for any purpose that is unlawful; (ii) access or use the Site for any purpose that is not expressly permitted by the Site or this Agreement; (iii) access or use the Site in any manner that could damage, disable, overburden, or impair any Company computer system, server, or network; (iv) access or use the Site in any manner that interferes with any other person‚??s access or use of the Site; (v) attempt to gain unauthorized access on the Site, other accounts, or any Company computer system, server, or network; or (vi) access or use materials or information through any means not intentionally made available by Company.
(e). Notwithstanding any other provision of this Agreement, you must ensure that your use and access of the Site complies with all applicable laws and regulations.
(f). The Site is not intended to be used by persons under the age of 18. You represent and warrant that you are at least 18 years of age. If you are not at least 18 years of age, you must not access or use the Site.
(g). The Site is not directed to collecting data from European citizens. You represent and warrant that you are not a European citizen. If you are a European citizen, you must not access or use the Site.
(h). If you fail to abide by these Terms in any way, Company may prohibit you from accessing or using the Site. No action or omission by Company will be deemed to be a waiver of any right or remedy provided under these Terms or under applicable law.
4. Registration and Becoming a Member in Good Standing
(a). To become a Member, you must register with the Site to access certain of our services, such as to obtain Rights to the Content, receive emails, newsletters, offers, to enter contests and other promotions and to submit user-created content such as discussion group postings, customer reviews, comments, pictures and the like. During the registration process, you must select a password. The information that you supply during the registration must be accurate and complete. Further, you will not register under the name of another person or company. You are responsible for the actions that you or anyone else takes through your password, and you must maintain the confidentiality of your password. If you believe that there has been an unauthorized use of your account, please contact us at: Contact@ThePrintableBaby.com.
(b) You agree not to use the Site to send or submit materials:
(i) that are false, inaccurate or misleading;
(ii) that are libelous, threatening or harassing;
(iii) that are obscene or contain any kind of pornography;
(iv) that interfere with the ability of others to enjoy the Site;
(v) that are fraudulent or involve the sale of counterfeit or stolen items;
(vi) that instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
(vii) that infringe any third party‚??s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(viii) that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
(ix) that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of the Company;
(x) that link to or include descriptions of goods or services that: (A) are prohibited under these Terms; or (B) you do not have a right to link to or include;
(xi) that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
(xii) that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
(xiii) that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(c) Usage rights ("Rights") are granted to Members who are in good standing. To be in good standing, one must:
(i) Be a past or present account holder with a valid username and password at The Printable Baby.
(ii) Not be using the Content for any illegal or banned purpose.
(iii) Not be in violation of these Terms.
(d) The Company may revoke privileges to anyone not meeting these requirements or to anyone it believes is abusing the Site, as well as seek legal remedies necessary to protect its copyrights and intellectual property. Without limiting the foregoing, we may discontinue, change, suspend, or restrict access to the Site or any portion of the Site at any time without liability to you or any third party.
5. Our Use of Your Materials
By submitting material to or through the Site, you grant us and our partners, agents, affiliates and service providers (collectively, "Affiliates"), the non-exclusive right to reproduce, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed. We and our Affiliates may identify you as the author of any of your postings by name, email address or screen name as we deem appropriate. You also permit any other user to access, display, and print such content. You represent and warrant that the material that you submit to us does not violate or infringe any rights of any third party, including, without limitation, copyright, trademark and other proprietary rights. If third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner. You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities‚?? respective resellers, distributors, service providers and suppliers, and all of the foregoing entities‚?? respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Site.
6. Free Trial Policies
(a) The Trial Period works like this:
(i) One Trial account per person.
(ii) Registering for the Trial requires a credit card. We will require a temporary authorization in the amount of a one (1) month registration.
(iii) The current trial period is 7 calendar days and subject to change.
(iv) Downloads are limited during the Trial Period, and the limits are subject to change. Some types of downloads are watermarked during the Trial Period.
(v) Some Content may not be accessible during a Trial.
(vi) Trials may not be opened and canceled repeatedly. The full membership fee will be charged for repeated trials.
(vii) If the Trial Period is completed without cancellation, the regular membership fee will be charged.
(b) Free Trial Cancellation. It is the Member's responsibility to cancel the Trial prior to the expiration date shown on the MyHome page. Here's how to cancel:
(i) Self-cancel by logging in, going to MyAccount, then following the "Cancel My Trial" link in the right-hand margin.
(ii) If unable to self-cancel, email a cancel request to Contact@ThePrintableBaby.com.
(iii) If you are not satisfied with your membership, please contact us to discuss whether you are eligible for a refund.
7. Registration and Renewals
Members may register for initial periods of one (1) month, three (3) months or one (1) year. Memberships will automatically renew at the end of the initial registration period or any renewal period unless auto-renewal has been disabled. Each renewal term will be the same duration as the initial term. To disable auto-renewal, log in to your account, navigate to "My Account Info", then click the checkbox to turn off autorenewal. If you are unable to disable auto-renewal, contact us at Contact@ThePrintableBaby.com.
8. Content Rights
(a) distribute Content, electronically or in hard copy, except as specifically authorized.
(b) authorize any third party to use the Content for any purpose, or resell, license or otherwise make the Content available for use or distribution separately or detached from your business or webpage, except as specifically authorized.
(c) share Content across a network, on a CD, or in any other way.
(d) under any circumstances, use automated or programmatic means or methods to download Content.
(e) use Content as a part of any trademark.
(f) use Content in any downloadable format intended for multiple distribution including worksheets, "printables", web site templates, digital scrapbooking kits, software products (including all forms of "apps"), e-greetings, digitized embroidery files, electronic games etc., except as specifically authorized.
(g) under any circumstances, use Content in connection with any pornographic, obscene, immoral, or illegal materials.
(h) use any of the Content for any purposes in excess of one thousand (1,000) printed copies or one thousand (1,000) electronic copies, without our explicit written permission.
(i) use Content on CafePress.com, Zazzle.com or any similar ‚??print-on-demand‚?? website that use the Content to create a tangible standalone product intended for resale or other profit.
(j) use Content to compete with The Printable Baby or LoveToKnow Corp., directly or indirectly.
(k) use Content in a way that places any person depicted in a photo in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of photo: A) in pornography, "adult videos" or the like; B) in ads for tobacco products; C) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; D) in connection with political endorsements; E) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; F) as an avatar or part of a fake identity and G) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use a photo containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
(l) use or display Content in such a manner that gives the impression that the content was created by you or a person other than the copyright holder of that content.
(m) use the Content on commercial television.
(n) use the Content on commercial cell phone or wireless devices.
(o) use the Content on commercial websites that display advertising to generate revenue, including YouTube and others.
(p) in the event that the Content contains any watermarks and/or copyright notices, use the Content without such watermarks and/or copyright notices.
(q) use the Content in pre-printed baby invitations, programs, shower invitations and other pre-printed stationery.
(r) use the Content in embroidery patterns, candy wrappers, wrapping papers, calendars, and all professional craft applications.
(s) use the Content in business promotion, including letterhead, business cards, presentations, company logos, and company websites.
9. Rights and Access Privileges Do Not Transfer
The Printable Baby Members are not allowed to transfer, share, trade, or sell their membership Rights unless by express written permission of LoveToKnow Corp. Each membership shall be uniquely associated with one person and that person alone shall have Site access rights.
10. Linking and Framing
(a) You may link to the Site to allow others access to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by us.
(b) You may not in-line link to any of the content on our Site, or incorporate into any other website or service, any of the content on the Site without our prior written consent.
11. Notices of Claimed Infringement
(a) If you believe that any material found on the Site has been used in a manner that constitutes infringement of your copyrighted work, please send us a notice that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Company's designated agent for notice of alleged copyright infringement appearing on the Site is: Diane Griffith, LoveToKnow Corp., 1325 Howard Ave, Suite 307, Burlingame, CA 94010, firstname.lastname@example.org.
12. LIMITATION OF WARRANTY AND LIABILITY
(a) LOVETOKNOW CORP. MAKES NO WARRANTIES AS TO THE FITNESS, CORRECTNESS, RELIABILITY, OR MERCHANTABILITY OF THE CONTENT OR SITE FOR A PARTICULAR PURPOSE. LOVETOKNOW CORP. PROVIDES NO ASSURANCES OR WARRANTIES THAT THE SITE OR CONTENT WILL BE FREE FROM ERRORS, OMISSIONS, INCOMPATIBILITIES, INTERRUPTIONS, OR VIRUSES OR OTHER RISKS COMMONLY ASSOCIATED WITH THE USE OF COMPUTERS, SOFTWARE OR THE INTERNET. LOVETOKNOW CORP. HAS NO OBLIGATION TO SERVICE OR REMEDY ANY ASPECT OF THE SITE OR THE CONTENT; AND HAS NO OBLIGATION TO ASSUME THE COSTS OF REPAIRS OR SERVICE TO USERS' HARDWARE, SOFTWARE, OR OTHER EQUIPMENT IN THE EVENT OF ANY CLAIMS OF DAMAGES.
(b) IN NO EVENT WILL LOVETOKNOW CORP., ITS OFFICERS, DIRECTORS, AFFILIATES, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF LOVETOKNOW CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.