This www.BrillBaby.com Website (“Site”) is provided to you (the “User”) by BrillBaby, Inc. and its affiliates on the condition that you accept the terms of use. By using this site, you agree to abide by these terms. If you do not agree to these terms, please discontinue your use of this site immediately. Please read the following terms and conditions carefully and be sure you understand them. Your use of the Website constitutes acceptance of the terms and conditions outlined in it (the “Agreement”). We reserve the right to change these terms from time to time so it is important that you review these terms every time you use the Website. Continued use of the site following any such change means you accept and will abide by the change, Click here to read our Privacy Policy.
These Terms of Use were last updated on February 29, 2008. Please check this page periodically for any modifications.
Use of and Downloading Contents
BrillBaby, Inc. grants you permission to print or download Contents on the Website so long as the Contents (i) is solely for informational use or for permitted commercial uses in support of the BrillBaby, Inc. products, services, or business interests and is not modified or revised in any manner; (ii) plainly displays all copyright, trademark, trade name, service mark, or any other proprietary notices or legends, in the same form and manner as on the original; and (iii) displays a statement that the Contents are used solely with permission of the BrillBaby, Inc. You may not engage in systematic retrieval of data or other Contents from this Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from BrillBaby, Inc. Nor may you mirror on your own website the home page or results pages of this Website. Use of the Contents on this Website for any purpose not expressly permitted in these Terms of Use is prohibited.
If you (or a legal entity you control) own and operate a Website or engage in other Internet activity, such as electronic commerce, communication, publishing and transmission, and want to download, post, publish, or use Contents for any such Website or Internet activity, you will need permission from BrillBaby, Inc., even though your Website or Internet activity is free of charge.
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. If you are an owner of intellectual property that believes their intellectual property has been improperly posted or distributed via this Website, please notify BrillBaby, Inc. immediately at: address here Attention: Legal Department. Any use of the materials, other than as explicitly permitted in the above paragraph, is a violation of BrillBaby, Inc.’s copyright and other proprietary rights.
User Postings, Contributions & Submissions
If you participate in any bulletin boards, discussions, or other forum within the site, you agree not to use language that is threatening, abusive, vulgar, discourteous, libelous, defamatory, obscene, fraudulent, harmful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of applicable laws. You also agree not to post or transmit information or materials that would violate rights of any third party or which contain a virus or other harmful component. BrillBaby, Inc. reserves the right to edit or remove messages or materials submitted by you. In addition, users may not use this site to conduct any activity that is illegal or that violates the rights of others and users may not use this site to advertise or sell products or services to others; Bulletin boards and chat rooms contain the opinions and views of other users. BrillBaby, Inc. is not responsible for the accuracy of any messages on this site and you should always consult a qualified professional before relying on any information you find on this site.
By communicating with BrillBaby, Inc. or participating in any forum on the site, you grant to BrillBaby, Inc. an irrevocable, transferable and worldwide right to use, reproduce, publicly perform and display, distribute, sublicense, and sell any suggestions, ideas, concepts or other information communicated to BrillBaby, Inc. for any purpose BrillBaby, Inc. chooses, commercial or otherwise, without any compensation to you. If a user chooses to post material they represent that such material is unique to the user or used with permission of the copyright holder, and assigns to BrillBaby, Inc. ownership of such material. BrillBaby, Inc. has no responsibility for the content of any material posted by users, but BrillBaby, Inc. reserves the right in its sole discretion to (i) edit or delete any documents, information or other material submitted to or appearing on this site, and (ii) refuse access to the site to any user that violates this agreement.
Communications BrillBaby, Inc.
BrillBaby, Inc. likes to hear from you. However, in your communications with BrillBaby, Inc., please keep in mind that we do not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send any creative or original materials such as ideas for toys, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts, or other information. Any communication or material you transmit to the Website by electronic mail or otherwise, including any personal data, questions or answers, activities, comments, suggestions, or the like becomes the property of BrillBaby, Inc. and will be treated as non-confidential and nonproprietary. Anything you transmit or post may be used without compensation to you by BrillBaby, Inc. or its affiliates or licensed to others by BrillBaby, Inc. or its affiliates for any purpose, including but not limited to mailing list rental, product or service solicitations, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, BrillBaby, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
Third-Party Websites
This Website provides links to other Websites or resources for your convenience. BrillBaby, Inc. has selected these resources as having some value and pertinence, but their development and maintenance are not under the direction of BrillBaby, Inc. Thus, the content, accuracy, and suitability of information contained therein, opinions expressed therein, and other links provided by these resources are neither monitored nor reviewed by BrillBaby, Inc.
You acknowledge and agree that BrillBaby, Inc. is not responsible for the availability of such external Websites or resources, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources and shall not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, product, or materials. You access, use, and rely upon such content, products, or materials at your own risk.
Linking to the Website
Any party seeking to publish any link to this Website on another Website should notify BrillBaby, Inc. in advance of any such link. Any linking to the Website shall be at your own risk and expense and shall not be construed as an endorsement by or implication of any affiliation with BrillBaby, Inc., unless BrillBaby, Inc. authorizes such linking in advance. BrillBaby, Inc. reserves the right to object to or have removed any link that is determined by BrillBaby, Inc. in its sole judgment to be inappropriate, inconsistent with the Website's image and reputation, or otherwise creates an undue burden on the Website or on BrillBaby, Inc.
Disclaimer
This Site provides information of a general nature and is designed for educational and entertainment purposes only and is not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. BrillBaby, Inc. does not endorse any of the treatments, medications, or products discussed herein.
The material in this Site could include technical inaccuracies or other errors. Your use and browsing of the Site is at your risk. Neither BrillBaby, Inc. nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. BrillBaby, Inc. does not warrant that the functional aspects of the Website will be uninterrupted or error free or that this Website or the server that makes it available are free of viruses or other harmful components. If your use of this Website or the material contained on the Website results in the need for servicing or replacing property, material, equipment, or data, BrillBaby, Inc. is not responsible for those costs.
Without limiting the foregoing, THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BrillBaby, INC. AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL BrillBaby, INC., LICENSORS, OR OTHER SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBLITY OF DAMAGES. BECAUSE SOME STATES/JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BrillBaby, INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. BrillBaby, INC. reserves the right to make changes to this Website at any time without notice. BrillBaby, INC. DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.
General Provisions and Limitation of Liability
BrillBaby, Inc. may revise these terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. BrillBaby, Inc. controls and operates this site from its headquarters in Hong Kong, CHINA SAR and makes no representation that these materials are appropriate or available for use in other locations. If you choose to access this site, you do so on your own initiative and risk and you are responsible for compliance with all applicable laws. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have against BrillBaby, Inc. or any of their respective affiliates, subsidiaries, employees, shareholders, officers, directors or agents with respect to this Website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the Hong Kong, CHINA SAR, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, the Website or BrillBaby, Inc. material must be instituted in court in Hong Kong, CHINA SAR.
Copyrights
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of BrillBaby, Inc. BrillBaby, Inc. neither warrants nor represents that your use of materials displayed on the Website will not infringe upon rights of third parties not owned by or affiliated with BrillBaby, Inc. Images, photographs, or illustrations displayed on the Website are either the property of, or used with permission by, BrillBaby, Inc. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Website are registered and unregistered trademarks of BrillBaby, Inc., its affiliates and other third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of BrillBaby, Inc., or its affiliates or such third party that may own the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.
Indemification
You agree to indemnify and hold harmless BrillBaby, Inc., and their respective affiliates, subsidiaries, employees, shareholders, officers, directors, agents, suppliers, and other third parties assisting in the operation of the site from any claims, liabilities, and expenses (including reasonable attorney’s fees) that may arise from your use of the site in any way or from your breach of the terms of this Agreement.
Term and Termination
This Agreement is effective until terminated by BrillBaby, Inc. for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the site and immediately destroy all materials obtained from it.
Miscellaneous
BrillBaby, Inc. reserves the right to make any and all changes to the Site at its sole discretion without notice to users. BrillBaby, Inc. reserves the right to deny access to the Site to anyone at any time, and to terminate this Agreement at any time without notice in its sole discretion. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement is governed by the laws of Hong Kong, CHINA SAR, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Hong Kong, CHINA SAR in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and BrillBaby, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BrillBaby, Inc. with respect to the Site. A printed version of this Agreement and of any notice given in electronic form will 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.
Any rights not expressly granted herein are reserved to BrillBaby, Inc.
Effective Date: February 29, 2008
