1. Copyright.
The content, organization, graphics, design, compilation, database
information, selection, coordination, and arrangement of the database,
magnetic translation, digital conversion and other matters related to
the Site are protected under applicable copyrights, service marks and
other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 3,
is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials.
2. Service marks.
"Mix and Match" is a service mark of Mix and Match Advertising. Other
service and company names mentioned on the Site may be service marks of
their respective owners.
3. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or
document from the Site grants you only a limited, nonexclusive license
for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content, form or
document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution). You may not
use or utilize framing techniques to enclose any service mark,
logo or other proprietary information (including the images found at
this Site, the content of any text or the layout/design of any page or
form contained on a page) without express written consent. Further, you
may not use any meta tags or other "hidden text" utilizing the Baby
Adorned name or service mark without written consent. Any unauthorized
use of this Site will terminate the permission or license granted by
these Site Terms and may violate applicable law including copyright
laws, trademark laws, and communications regulations and statutes.
4. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
5. Indemnification.
You agree to indemnify, defend and hold us and our principals,
attorneys, staff and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including
reasonable attorneys' fees, related to your violation of these Site
Terms or misuse of the Site.
6. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS,
INACCURACIES OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS
DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL
CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY
SERVICES OR INFORMATION.
MIX
AND MATCH ADVERTISING RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT
CONTAINED ON THIS SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY
SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, SERVICE MARK,
NAME OF MERCHANT OR BROKER, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY
ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY Mix & Match Advertising.
7. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in the United States, and shall be governed by and construed
in accordance with the laws of the United States (without regard to
conflict of law principles). Any cause of action by you with respect to
the Site (and/or any information or services related thereto) must be
instituted within one (1) year after the cause of action arose or be
forever waived and barred. The language in this Agreement shall be
interpreted as in accordance with its fair meaning and not strictly for
or against either party. All legal proceedings arising out of or in
connection with this Agreement shall be brought solely in the courts
located in the United States. You expressly submit to the exclusive
jurisdiction of said courts and consent to extraterritorial service of
process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force
and effect. To the extent that anything in or associated with the Site
is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such provision
