Acceptance of Terms
Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
- infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, vulgar, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- violates any law or regulation;
- solicits funds, advertises or solicits goods or services, or involves commercial activities and/or sales without Barefoot & Pregnant's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Barefoot & Pregnant or any third party; or
- impersonates any person or entity, including any employee or representative of Barefoot & Pregnant.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Barefoot & Pregnant in its sole discretion) an unreasonable or disproportionately large load on Barefoot & Pregnant's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Barefoot & Pregnant may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Sites.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Fees and Payment
Barefoot & Pregnant reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. Barefoot & Pregnant reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Barefoot & Pregnant's control, and you acknowledge that Barefoot & Pregnant is not responsible or liable for the availability, content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Barefoot & Pregnant or any association with its operators. You further acknowledge and agree that Barefoot & Pregnant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You agree that the Service contains Content specifically provided by Barefoot & Pregnant or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Barefoot & Pregnant, or from the copyright holder identified in such Content's copyright notice.
The Service provides you with the ability to upload, submit, disclose, display, publish, distribute or otherwise post (hereafter, "posting") articles, reviews, messages, content, videos, audio clips, written comments, data, text, photographs, or other information or materials to the Service ("User Submissions"). By posting User Submissions on or at any of the Sites or otherwise through the Service:
- You represent and warrant (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Company (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity and (b) that You are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;
- You agree to pay all royalties and other amounts owed to any person or entity arising from the Use of any User Submissions on the Service; and
- You understand that Barefoot & Pregnant shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Barefoot & Pregnant will not be liable for any errors or omissions in any content; and that Barefoot & Pregnant cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Barefoot & Pregnant does not endorse and has no control over any User Submission. Barefoot & Pregnant cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Barefoot & Pregnant has the right, but not the obligation, to monitor the Site, Service, Content, or User Submissions. Barefoot & Pregnant may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will Barefoot & Pregnant be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
Barefoot & Pregnant makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content accessed through the Site. By using the Service, you agree that Barefoot & Pregnant does not endorse, does not make any representations or warranties regarding, and shall not be liable for (a) any Content, (b) any person's reliance on any such Content, whether or not correct, current and complete, or (c) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
The Content is not intended to provide, and Barefoot & Pregnant disclaims any suggestion that it does provide, medical advice of any nature. Any Content accessed through this Site is for informational purposes only, and should not be interpreted to substitute for professional medical advice, diagnosis, or treatment, which should only be provided by licensed medical professionals. Do not ignore symptoms or delay obtaining professional medical advice because of information accessed through the Service. The Content should never be used during a medical emergency.
Barefoot & Pregnant has no special relationship with or fiduciary duty to you. You acknowledge that Barefoot & Pregnant has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you accesse via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Barefoot & Pregnant from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Barefoot & Pregnant makes no representations concerning any content contained in or accessed through the Sites, and Barefoot & Pregnant will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS 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. BAREFOOT & PREGNANT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL BAREFOOT & PREGNANT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Barefoot & Pregnant makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability
Digital Millennium Copyright Act Notice.
Barefoot & Pregnant has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act http://lcweb.loc.gov/copyright/legislation/dmca.pdf. The address of Barefoot & Pregnant's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Barefoot & Pregnant's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A.Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Barefoot & Pregnant web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Barefoot & Pregnant is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B.Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Barefoot & Pregnant's policy:
- to remove or disable access to the infringing Content;
- to notify the Content provider, member or user that it has removed or disabled access to the Content; and
- that repeat offenders will have the infringing Content removed from the system and that Barefoot & Pregnant will terminate such content provider's, member's or user's access to the service.
C.Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Barefoot & Pregnant is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Barefoot & Pregnant's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Barefoot & Pregnant's discretion.
Please contact Barefoot & Pregnant's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement: Stacy Denney, PO Box 338, Corte Madera, CA 94925, phone 415.388.1777, email@example.com.
You may contact Barefoot & Pregnant at the following address: PO Box 338, Corte Madera, CA 94925
Effective Date: January 2012