Please read the terms of this entire document (“Terms”) carefully because it explains your rights and responsibilities when you visit our website (“Website”), or related feeds, social media, newsletters, source code repositories, and emails (together with Website, these are collectively referred to as “Communications”). By accessing or signing up to receive Communications, you agree to be bound by these Terms.
The Privacy Notice describes how we handle information that we receive from you in connection with our Communications. The Privacy Notice explains, for example, that we place certain cookies on our Website and how you can opt-out.
These Terms will continue to apply until ended by either you or Baby Shower Gifts. You can choose to end them at any time for any reason by discontinuing your use of our Communications and, if applicable, deleting your account.
We may suspend or terminate your access to our Communications at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, our Acceptable Use Policy, or other relevant policy; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Communications to you is no longer commercially viable.
In all such cases, these Terms shall terminate, except that the following sections shall continue to apply: Indemnification, Disclaimer; Limitation of Liability, Miscellaneous.
You agree to defend, indemnify and hold harmless Baby Shower Gifts, its contractors, contributors, licensors, and partners; and the respective directors, officers, employees and agents of the foregoing (“Indemnified Parties”) from and against any and all third party claims and expenses, including attorneys’ fees, arising out of or related to your use of our Communications (including, but not limited to, from your Submissions or from your violation of any these Terms).
Disclaimer; Limitation of Liability
THE COMMUNICATIONS ARE PROVIDED “AS IS” WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, BABY SHOWER GIFTS AND THE INDEMNIFIED PARTIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE COMMUNICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO USING THE COMMUNICATIONS FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE COMMUNICATIONS, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR HARDWARE, SOFTWARE, OR CONTENT IS DELETED OR CORRUPTED, THAT SOMEONE ELSE GAINS UNAUTHORIZED ACCESS TO YOUR INFORMATION, OR THAT ANOTHER USER MISUSES OR MISAPPROPRIATES YOUR SUBMISSION. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
EXCEPT AS REQUIRED BY LAW, BABY SHOWER GIFTS AND THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE COMMUNICATIONS, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF BABY SHOWER GIFTS AND THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED $50 (FIFTY DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
Modifications to these Terms
We may update these Terms from time to time to address a new feature of the Communications or to clarify a provision. The updated Terms will be posted online. If the changes are substantive, we will announce the update through our usual channels for such announcements such as blog posts, banners, emails, or forums. Your continued use of our Communications after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of this page.